[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Rules and Regulations]
[Pages 53558-53560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17779]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21435; Directorate Identifier 2004-NM-163-AD; 
Amendment 39-14257; AD 2005-18-17]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-400 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier Model DHC-8-400 series airplanes. This AD requires a 
one-time inspection of the fuel and hydraulic tubes, and corrective 
actions if necessary. This AD also requires modifying fairlead plate 
assemblies. This AD results from reports of chafing between fuel and 
hydraulic tubes and the fairlead plate where the tubes pass through the 
firewall. We are issuing this AD to prevent chafing of the fuel and 
hydraulic tubes, which could lead to fuel and/or hydraulic fluid 
leakage in the engine nacelle area and consequent fire or explosion.

DATES: This AD becomes effective October 14, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 14, 
2005.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
room PL-401, Washington, DC.
    Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 
123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for service 
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Richard Fiesel, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New 
York 11590; telephone (516) 256-7504; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Bombardier 
Model DHC-8-400 series airplanes. That NPRM was published in the 
Federal Register on June 14, 2005 (70 FR 34409). That NPRM proposed to 
require a one-time inspection of the fuel and hydraulic tubes, and 
corrective actions if necessary. That NPRM also proposed to require 
modifying fairlead plate assemblies.

Explanation of Change to Applicability

    We have revised the applicability of the proposed AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We received no comments on the NPRM or on the 
determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
change described previously. We have determined that this change will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

Costs of Compliance

    This AD will affect about 18 airplanes of U.S. registry. The 
actions will take about 4 work hours per airplane, at an average labor 
rate of $65 per work hour. Required parts will cost about $200 per 
airplane. Based on these figures, the estimated cost of the AD for U.S. 
operators is $8,280, or $460 per airplane.

[[Page 53559]]

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-18-17 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-14257. Docket No. FAA-2005-21435; Directorate Identifier 2004-NM-
163-AD.

Effective Date

    (a) This AD becomes effective October 14, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-400 series 
airplanes, serial numbers 4003 through 4089 inclusive, certificated 
in any category.

Unsafe Condition

    (d) This AD results from reports of chafing between fuel and 
hydraulic tubes and the fairlead plate where the tubes pass through 
the firewall. We are issuing this AD to prevent chafing of the fuel 
and hydraulic tubes, which could lead to fuel and/or hydraulic fluid 
leakage in the engine nacelle area and consequent fire or explosion.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Service Bulletin Reference

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Bombardier Service Bulletin 84-54-09, 
Revision ``B,'' dated June 15, 2004.

Inspection, Corrective Action, and Modification

    (g) For airplanes on which Bombardier Systems Drawings (SYD) 84-
28-002 and SYD 84-29-006 have not been incorporated or on which 
Modsum 4-184081 and Modsum 4-184079 have not been incorporated: 
Within 500 flight hours after the effective date of this AD, do the 
actions specified in paragraph (i) of this AD.
    (h) For airplanes on which Bombardier SYD 84-28-002 and SYD 84-
29-006 have been incorporated or on which Modsum 4-184081 and Modsum 
4-184079 have been incorporated: Within 4,000 flight hours after the 
effective date of this AD, do the actions specified in paragraph (i) 
of this AD.
    (i) For airplanes identified in paragraphs (g) and (h) of this 
AD at the times specified in paragraphs (g) and (h) of this AD, do 
the actions specified in paragraphs (i)(1) and (i)(2) of this AD in 
accordance with the service bulletin.
    (1) Do a general visual inspection of the fuel/hydraulic tubes 
for nicks, dents, chafing, or damage. If any nick, dent, chafing, or 
damage is found that is above the applicable limit specified as 
``Acceptable'' in the service bulletin: Do the applicable corrective 
action in accordance with the service bulletin at the applicable 
time specified in the service bulletin.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

    (2) Modify the fairlead plate assemblies in accordance with the 
service bulletin.

    Note 2: Bombardier Service Bulletin 84-54-09, Revision ``B,'' 
dated June 15, 2004, refers to GKN Aerospace Services Service 
Bulletin 1-71-20, dated April 7, 2004, as an additional source of 
service information for modifying the fairlead plate assemblies. The 
GKN service bulletin is included in the Bombardier service bulletin.

Actions Done According to Previous Issue of Service Bulletin

    (j) Actions done before the effective date of this AD in 
accordance with Bombardier Service Bulletin 84-54-09, dated January 
23, 2004; or Revision ``A,'' dated April 22, 2004; are acceptable 
for compliance with the corresponding requirements of this AD.

Parts Installation

    (k) After the effective date of this AD, no person may install a 
plate, part number 85415048-107, 85415048-108, 85415087-107, or 
85415087-108, on any airplane.

Alternative Methods of Compliance (AMOCs)

    (l) The Manager, New York Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

Related Information

    (m) Canadian airworthiness directive CF-2004-07, dated April 14, 
2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (n) You must use Bombardier Service Bulletin 84-54-09, Revision 
``B,'' dated June 15, 2004, to perform the actions that are required 
by this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 
Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for a copy of 
this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://

[[Page 53560]]

dms.dot.gov; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at the 
NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on September 1, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-17779 Filed 9-8-05; 8:45 am]
BILLING CODE 4910-13-P