[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Proposed Rules]
[Pages 15063-15065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4400]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22146; Directorate Identifier 2002-NM-184-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-7 Airplanes

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

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: The FAA is revising an earlier NPRM for an airworthiness 
directive (AD) that applies to all Bombardier Model DHC-7 airplanes. 
The original NPRM would have required implementing a corrosion 
prevention and control program (CPCP) either by accomplishing specific 
tasks or by revising the maintenance inspection program to include a 
CPCP. The original NPRM resulted from a determination that, as 
airplanes age, they are more likely to exhibit indications of 
corrosion. This action revises the original NPRM by clarifying certain 
compliance aspects of the proposed AD that were not adequately defined 
in the original NPRM. We are proposing this supplemental NPRM to 
prevent structural failure of the airplane due to corrosion.

DATES: We must receive comments on this supplemental NPRM by April 21, 
2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this supplemental NPRM.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 
123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for service 
information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Jon Hjelm, 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) 228-7323; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this supplemental NPRM. Send your comments to an 
address listed in the ADDRESSES section. Include the docket number 
``Docket No. FAA-2005-22146; Directorate Identifier 2002-NM-184-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
supplemental NPRM. We will consider all comments received by the 
closing date and may amend this supplemental NPRM in light of those 
comments.
    We will post all comments submitted, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this supplemental NPRM. Using the search function 
of that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the 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 in the Nassif Building at the DOT 
street address stated in ADDRESSES. Comments will be available in the 
AD docket shortly after the Docket Management System receives them.

Discussion

    We proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) for an airworthiness directive (AD) (the ``original 
NPRM''). The original NPRM applies to all Bombardier Model DHC-7 series

[[Page 15064]]

airplanes. The original NPRM was published in the Federal Register on 
August 22, 2005 (70 FR 48908). The original NPRM proposed to require 
implementing a corrosion prevention and control program (CPCP) either 
by accomplishing specific tasks or by revising the maintenance 
inspection program to include a CPCP.

Actions Since Issuance of the Original NPRM

    Since the original NPRM was issued, we have determined that we did 
not properly define certain compliance aspects of the proposed AD. 
Specifically, we have determined that it is necessary to clarify the 
following:
     The FAA, not Transport Canada Civil Aviation (TCCA), may 
approve the incorporation of the CPCP into the U.S. operator's approved 
maintenance/inspection program.
     The term ``the FAA'' is defined differently for different 
operators.
     We may approve an alternative method of recordkeeping for 
the actions that would be required by the proposed AD.
     We may approve extension of the repetitive intervals for 
the actions that would be required by the proposed AD.
     If Level 3 corrosion is found, we may impose a schedule 
for inspecting other affected airplanes in an operator's fleet to 
ensure timely detection of any Level 3 corrosion and require the 
operator to adhere to that schedule.
     If corrosion findings exceed Level 1 in any area, 
operators must implement a means approved by the FAA to reduce future 
findings of corrosion in that area to Level 1 or better.
     If an airplane is transferred from one operator to 
another, the new operator must establish an acceptable schedule for 
accomplishing the actions that would be required by the proposed AD.

Explanation of Change to Applicability

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

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this supplemental NPRM to clarify the appropriate 
procedure for notifying the principal inspector before using any 
approved AMOC on any airplane to which the AMOC applies.

FAA's Determination and Proposed Requirements of the Supplemental NPRM

    The changes discussed above expand the scope of the original NPRM; 
therefore, we have determined that it is necessary to reopen the 
comment period to provide additional opportunity for public comment on 
this supplemental NPRM.

Costs of Compliance

    This supplemental NPRM would affect about 26 airplanes of U.S. 
registry. The 148 specific inspections specified in the Manual would 
take about 48 work hours per airplane, per inspection cycle, at an 
average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $81,120, or 
$3,120 per airplane, per inspection cycle.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 supplemental NPRM 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, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

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

Bombardier, Inc. (Formerly de Havilland, Inc.): Docket No. FAA-2005-
22146; Directorate Identifier 2002-NM-184-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 21, 
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model DHC-7-1, DHC-7-100, 
DHC-7-101, DHC-7-102, and DHC-7-103 airplanes, certificated in any 
category.

Unsafe Condition

    (d) This AD results from a determination that, as airplanes age, 
they are more likely to exhibit indications of corrosion. We are 
issuing this AD to prevent structural failure of the airplane due to 
corrosion.

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.

Manual References

    (f) The term ``the Manual,'' as used in this AD, means the de 
Havilland Inc. Corrosion Prevention and Control Manual, DHC-7 (Dash 
7), Product Support Manual (PSM) 1-7-5, dated May 13, 1997.

Approval of Information Collection Requirements

    (g) Information collection requirements in paragraphs (l) and 
(m) of this AD are approved by the Office of Management and Budget 
(OMB) under the provisions of the

[[Page 15065]]

Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and are 
assigned OMB Control Number 2120-0056.

Initial Inspections

    (h) Within 12 months after the effective date of this AD, 
perform each of the Corrosion Tasks, including re-protection 
actions, as applicable, specified in Part 3 of the Manual by 
accomplishing the basic tasks defined in Parts 2 and 3 of the 
Manual, in accordance with the procedures of the Manual.

Repetitive Inspections

    (i) Except as provided by paragraph (j) of this AD, repeat each 
of the Corrosion Tasks, and re-protection actions, as applicable, 
specified in Part 3 of the Manual at intervals not to exceed 3 or 6 
years, as specified in Part 3 of the Manual.
    (j) After accomplishment of each initial Corrosion Task required 
by paragraph (h) of this AD, the FAA may approve the incorporation 
into the operator's approved maintenance/inspection program of the 
Corrosion Prevention and Control Program (CPCP) specified in the 
Manual and this AD; or an equivalent program that is approved by the 
FAA. In all cases, the initial Corrosion Task for each airplane area 
must be completed at the compliance time specified in paragraph (h) 
of this AD.
    (1) Any operator complying with paragraph (j) of this AD may use 
an alternative recordkeeping method to that otherwise required by 
Section 91.417 (``Maintenance records'') or Section 121.380 
(``Maintenance recording requirements'') of the Federal Aviation 
Regulations (14 CFR 91.417 or 14 CFR 121.380, respectively) for the 
actions required by this AD, provided that the recordkeeping method 
is approved by the FAA and is included in a revision to the FAA-
approved maintenance/inspection program. For the purposes of this 
paragraph, the FAA is defined as the cognizant Flight Standards 
District Office.
    (2) After the initial accomplishment of the Corrosion Tasks 
required by paragraph (h) of this AD, any extension of the 
repetitive intervals specified in the Manual must be approved by the 
FAA. For the purposes of this paragraph, the FAA is defined as the 
Manager, New York Aircraft Certification Office (ACO), FAA.

Corrective Actions

    (k) If any corrosion is found during accomplishment of any 
action required by paragraph (h) or (i) of this AD: Within 30 days 
after the finding; rework, repair, or replace, as applicable, any 
subject part, in accordance with Section 4.0 of Part 3 of the 
Manual.

Reporting Requirements and Repetitive Actions for Remainder of Affected 
Fleet

    (l) If any Level 3 corrosion, as defined in the Introduction of 
the Manual, is found during accomplishment of any action required by 
this AD: Do paragraphs (l)(1), (l)(2), and (l)(3) of this AD.
    (1) Within 10 days after the finding of Level 3 corrosion, 
submit a report of the findings to the Manager, New York Aircraft 
Certification Office (ACO), FAA, 1600 Stewart Avenue, suite 410, 
Westbury, New York 11590; fax (516) 794-5531. The report must follow 
the format specified in Section 5.0 of Part 3 of the Manual, or be 
submitted using a Service Difficulty Report, as applicable.
    (2) Within 10 days after the finding of Level 3 corrosion, 
submit a plan to the FAA to identify a schedule for accomplishing 
the applicable Corrosion Task on the remainder of the airplanes in 
the operator's fleet that are subject to this AD, or data 
substantiating that the Level 3 corrosion that was found is an 
isolated case. The FAA may impose a schedule other than proposed in 
the plan upon finding that a change to the schedule is needed to 
ensure that any other Level 3 corrosion is detected in a timely 
manner. For the purposes of this paragraph, the FAA is defined as 
the cognizant Principal Maintenance Inspector (PMI) for operators 
that are assigned a PMI (e.g., part 121, 125, and 135 operators), 
and the cognizant Flight Standards District Office for other 
operators (e.g., part 91 operators).
    (3) Within the time schedule approved in accordance with 
paragraph (l)(2) of this AD, accomplish the applicable Corrosion 
Task on the remainder of the airplanes in the operator's fleet that 
are subject to this AD.
    (m) If any Level 2 or 3 corrosion, as defined in the 
Introduction of the Manual, is found during accomplishment of any 
action required by this AD: At the applicable time specified in 
Section 5.0 of Part 3 of the Manual, report these findings to the 
manufacturer according to Section 5.0 of Part 3 of the Manual.

Limiting Future Corrosion Findings

    (n) If corrosion findings that exceed Level 1 are found in any 
area during any repeat of any Corrosion Task after the initial 
accomplishment required by paragraph (h) of this AD: Within 60 days 
after such finding, implement a means approved by the FAA to reduce 
future findings of corrosion in that area to Level 1 or better. For 
the purposes of this paragraph, the FAA is defined as the cognizant 
Principal Maintenance Inspector (PMI) for operators that are 
assigned a PMI (e.g., part 121, 125, and 135 operators), and the 
cognizant Flight Standards District Office for other operators 
(e.g., part 91 operators).

Scheduling Corrosion Tasks for Transferred Airplanes

    (o) Before any airplane subject to this AD is transferred and 
placed into service by an operator: Establish a schedule for 
accomplishing the Corrosion Tasks required by this AD in accordance 
with paragraph (o)(1) or (o)(2) of this AD, as applicable.
    (1) For airplanes on which the Corrosion Tasks required by this 
AD have been accomplished previously at the schedule established by 
this AD: Perform the first Corrosion Task in each area in accordance 
with the previous operator's schedule, or in accordance with the new 
operator's schedule, whichever results in an earlier accomplishment 
of that Corrosion Task. After the initial accomplishment of each 
Corrosion Task in each area as required by this paragraph, repeat 
each Corrosion Task in accordance with the new operator's schedule.
    (2) For airplanes on which the Corrosion Tasks required by this 
AD have not been accomplished previously, or have not been 
accomplished at the schedule established by this AD: The new 
operator must perform the initial accomplishment of each Corrosion 
Task in each area before further flight or in accordance with a 
schedule approved by the FAA. For the purposes of this paragraph, 
the FAA is defined as the cognizant Principal Maintenance Inspector 
(PMI) for operators that are assigned a PMI (e.g., part 121, 125, 
and 135 operators), and the cognizant Flight Standards District 
Office for other operators (e.g., part 91 operators).

Alternative Methods of Compliance (AMOCs)

    (p)(1) The Manager, New York ACO, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (q) Canadian airworthiness directive CF-98-03, dated February 
27, 1998, also addresses the subject of this AD.

    Issued in Renton, Washington, on March 10, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-4400 Filed 3-24-06; 8:45 am]
BILLING CODE 4910-13-P