Airworthiness Directives; Bombardier Model DHC-8-400, -401, and -402 Airplanes, 16170-16173 [05-6248]

Download as PDF 16170 Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Proposed Rules statement. This may be done by inserting a copy of this AD in the AFM. ‘‘A321 APPROACH AND LANDING (ROLL CONTROL) When moderate to severe icing conditions, or significant cross wind (i.e., crosswinds greater than 20 knots, gust included), or moderate to severe turbulence are anticipated: Use FLAP 3 for landing.’’ Note 1: When a statement identical to that in paragraph (f) of this AD has been included in the general revisions of the AFM, the general revisions may be inserted into the AFM, and the copy of this AD may be removed from the AFM. New Requirements of This AD Installation of Elevator Aileron Computers (ELAC) Having L83 or L91 Software (g) Within 16 months after the effective date of this AD: Replace existing ELACs with ELACs having L83 software, by accomplishing all of the actions specified in the Accomplishment Instructions of Airbus Service Bulletin A320–27–1151, including Appendix 01, dated March 9, 2004; or with ELACs having L91 software, by accomplishing all of the actions specified in the Accomplishment Instructions of Airbus Service Bulletin A320–27–1152, including Appendix 01, dated June 4, 2004; as applicable. After accomplishing the ELAC replacements, remove the AFM revision required by paragraph (f) of this AD. Accomplishing the requirements of this paragraph terminates the requirements of paragraph (f) of this AD. Note 2: Airbus Service Bulletin A320–27– 1151 refers to Thales Service Bulletin 394512–27–026, dated March 5, 2004, as an additional source of service information for installing ELAC L83 software. Airbus Service Bulletin A320–27–1152 refers to Thales Service Bulletin 394512B–27–010, dated May 24, 2004, as an additional source of service information for installing ELAC L91 software. Concurrent Service Bulletin (h) Prior to doing the requirements of paragraph (g) of this AD: Install ELACs having L81 software in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–27–1135, Revision 02, dated April 18, 2002. Previously Accomplished Actions in Concurrent Service Bulletin (i) Installation of ELACs having L81 software in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–27–1135, dated June 29, 2001; or Service Bulletin A320–27–1135, Revision 01, dated August 31, 2001; is acceptable for compliance with the requirements of paragraph (h) of this AD. Part Installation (j) As of the effective date of this AD, no person may install on any airplane an ELAC, part number 3945122506, 3945123506, 3945128102, or 3945128103. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, International Branch, Transport Airplane Directorate, FAA, has the VerDate jul<14>2003 14:59 Mar 29, 2005 Jkt 205001 authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) Alternative methods of compliance, approved previously in accordance with AD 2004–03–02, are approved as alternative methods of compliance with the corresponding requirements of this AD. Related Information (l) French airworthiness directive F–2004– 147, dated August 18, 2004, also addresses the subject of this AD. Issued in Renton, Washington, on March 22, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–6243 Filed 3–29–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–20727; Directorate Identifier 2004–NM–148–AD] RIN 2120–AA64 Airworthiness Directives; Bombardier Model DHC–8–400, –401, and –402 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model DHC–8–400, –401, and –402 airplanes. This proposed AD would require repetitive inspections to detect discrepancies of the attachment fittings of the outboard flap front spar at flap track Number 4 and Number 5 locations, and corrective actions if necessary. This proposed AD also would require eventual replacement of the attachment fittings as terminating action for the repetitive inspections. This proposed AD is prompted by the discovery of several airplanes that have loose flap front spar attachment fittings at flap track Number 4 and Number 5 locations. We are proposing this AD to prevent the attachment fittings from becoming detached, and consequent loss of control of the airplane. DATES: We must receive comments on this proposed AD by April 29, 2005. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to https://dms.dot.gov and follow the PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://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. • By 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. For service information identified in this proposed AD, contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada. You can examine the contents of this AD docket on the Internet at https:// dms.dot.gov, or at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL–401, on the plaza level of the Nassif Building, Washington, DC. This docket number is FAA–2005– 20727; the directorate identifier for this docket is 2004–NM–148–AD. FOR FURTHER INFORMATION CONTACT: David A. Lawson, 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) 228–7327; fax (516) 794–5531. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any written relevant data, views, or arguments regarding this proposed AD. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA– 2005–20727; Directorate Identifier 2004–NM–148–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments submitted by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to https:// 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 proposed AD. Using the search function of our docket Web site, anyone can find and read the comments in any of our dockets, including the name of the individual E:\FR\FM\30MRP1.SGM 30MRP1 16171 Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Proposed Rules who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You can review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you can visit https:// dms.dot.gov. Examining the Docket You can examine the AD docket on the Internet at https://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 DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the DMS receives them. Discussion Transport Canada Civil Aviation (TCCA), which is the airworthiness authority for Canada, notified us that an unsafe condition may exist on certain Bombardier Model DHC–8–400, –401, and –402 airplanes. TCCA advises that, during inspections and flap modifications, several airplanes were found to have loose flap front spar attachment fittings at flap track Number 4 and Number 5 locations. When the fittings were removed, it was discovered that the fittings and the flap front spar web to which they were mounted had elongated attachment holes. In addition, the lugs of certain attachment fittings were found to be chafing with flap track Number 4. Loose fittings can damage the front spar web and result in the fitting becoming detached, and consequent loss of control of the airplane. Relevant Service Information Bombardier has issued Alert Service Bulletin (ASB) A84–57–06, Revision ‘‘B’’ dated March 9, 2004. That ASB describes procedures for repetitive visual inspections to detect discrepancies of the attachment fittings of the outboard flap front spar, track Number 4 and Number 5. For flap track Number 4, discrepancies include damage caused by fouling with a flap track, loose fittings, and nonconforming blind fasteners. For flap track Number 5, discrepancies include loose fittings, a gap between any fitting and the front spar web that exceeds 0.002 inches, and nonconforming blind fasteners. The alert service bulletin refers to the following Bombardier Repair Drawings (RD) as additional sources of service information for doing corrective actions/ temporary repairs/terminating action: • 8/4–57–226, Issue 2, dated November 11, 2003. • 8/4–57–228, Issue 1, dated October 27, 2003. • 8/4–57–220, Issue 2, dated October 15, 2003. The temporary repair procedures involve opening up the holes on original centers in both the brackets and front spar to allow for installation of oversize fasteners, inspecting the areas around the holes for cracks and/or other signs of damage, installing oversize Hi–Lite Pins with corresponding collars in lieu of original standard MS-type blind bolts at all repair locations, and applying corrosion inhibiting compounds as required. The alert service bulletin also refers to Modification Summary Package IS4Q5750002, Revision D, released December 1, 2003, as an additional source of service information for doing a permanent repair. The permanent repair involves replacing four blind bolts with certain oversize fasteners having certain collars, and installing a repair patch and solid shim. Accomplishing the permanent repair eliminates the need for the repetitive inspections described previously. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. TCCA mandated the service information and issued Canadian airworthiness directive CF–2004–11, dated June 28, 2004, to ensure the continued airworthiness of these airplanes in Canada. FAA’s Determination and Requirements of the Proposed AD These airplane models are manufactured in Canada and are type certificated for operation in the United States under the provisions of § 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, TCCA has kept the FAA informed of the situation described above. We have examined TCCA’s findings, evaluated all pertinent information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. Therefore, we are proposing this AD, which would require repetitive inspections to detect discrepancies of the attachment fittings of the outboard flap front spar at flap track Number 4 and Number 5 locations, and corrective actions if necessary. This proposed AD also would require eventual replacement of the attachment fittings as terminating action for the repetitive inspections. The proposed AD would require you to use the service information described previously to perform these actions, except as discussed below. Differences Between Proposed Rule and Alert Service Bulletin The alert service bulletin specifies that you may contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD would require you to repair those conditions using a method that we or TCAA (or its delegated agent) approve. In light of the type of repair that would be required to address the unsafe condition, and consistent with existing bilateral airworthiness agreements, we have determined that, for this proposed AD, a repair we or TCAA approve would be acceptable for compliance with this proposed AD Operators should note that, although the Accomplishment Instructions of the alert service bulletin describe procedures for submitting inspection results to the manufacturer, this proposed AD would not require that action. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD. ESTIMATED COSTS Action Work hours Inspections (per inspection cycle) ......................... Permanent repair ................................................... 1 Per Average labor rate per hour 1 20 $65 65 Cost per airplane Parts $0 0 $65 1,300 inspection cycle. VerDate jul<14>2003 14:59 Mar 29, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\30MRP1.SGM 30MRP1 Number of U.S.-registered airplanes 22 22 Fleet cost 1 $1,430 28,600 16172 Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Proposed Rules Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated 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 proposed AD. 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: VerDate jul<14>2003 14:59 Mar 29, 2005 Jkt 205001 § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Bombardier, Inc. (Formerly de Havilland, Inc.): Docket No. FAA–2005–20727; Directorate Identifier 2004–NM–148–AD. Comments Due Date (a) The Federal Aviation Administration must receive comments on this AD action by April 29, 2005. Affected ADs (b) None. Applicability (c) This AD applies to Bombardier Model DHC–8–400, –401 and –402 airplanes, certificated in any category; serial numbers 4001 and 4003 through 4093 inclusive. Unsafe Condition (d) This AD is prompted by the discovery of several airplanes that have loose flap front spar attachment fittings at flap track Number 4 and Number 5 locations. We are issuing this AD to prevent the attachment fittings from becoming detached, and consequent loss of control of the airplane. 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 Alert Service Bulletin A84–57–06, Revision ‘B,’ dated March 9, 2004. Inspections of Flap Track Number 4 (g) For any front spar attachment fitting at the flap track Number 4 location on which Bombardier Repair Drawing (RD) 8/4–57– 228, Issue 1, dated October 27, 2003; in combination with RD 8/4–57–173, Issue 2, dated June 17, 2003, or RD 8/4–57–180, Issue 2, dated September 22, 2003, or RD 8/4–57– 226, Issue 2, dated November 11, 2003; has not been done prior to the effective date of this AD: Within 400 flight hours after the effective date of this AD, do a general visual inspection to detect discrepancies of the front spar attachment fittings at the flap track Number 4 location on both the left and right outboard flap assemblies. Do the inspection in accordance with the service bulletin. Repeat the inspection thereafter at intervals not to exceed 800 flight hours until the terminating action required by paragraph (j) of this AD is done. 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 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 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.’’ Inspections of Flap Track Number 5 (h) Within 400 flight hours after the effective date of this AD, do a general visual inspection to detect discrepancies of the front spar attachment fittings at the flap track Number 5 location on both the left and right outboard flap assemblies. Do the inspection in accordance with the service bulletin. Repeat the inspection thereafter at intervals not to exceed 800 flight hours until the terminating action required by paragraph (j) of this AD is done. Corrective Actions (i) If any discrepancy is found during any inspection required by paragraph (g) or (h) of this AD, before further flight, repair the discrepancy in accordance with the service bulletin. Where the service bulletin says to contact the manufacturer for repair instructions, before further flight, repair in accordance with a method approved by either the Manager, New York Aircraft Certification Office (ACO), FAA; or Transport Canada Civil Aviation (TCCA) (or its delegated agent). Terminating Action—Permanent Repair (j) Within 4,000 flight hours after the effective date of this AD, do the permanent repair required by paragraphs (j)(1) and (j)(2) of this AD. Completing the permanent repair constitutes terminating action for the requirements of this AD. (1) Modify the attachment of the front fittings of flap track Number 4 on both the left and right outboard flap assemblies in accordance with Bombardier Repair Drawing (RD) 8/4–57–226, Issue 2, dated November 11, 2003. Fittings on which the repairs specified in RD 8/4–57–173, Issue 2, dated June 17, 2003, or RD 8/14–57–180, Issue 2, dated September 22, 2003, have been done do not require that RD 8/4–57–226 be incorporated at those fitting locations. (2) Modify the attachment of the front fittings of flap track Number 5 on both the left and right outboard flap assemblies in accordance with Bombardier Modification Summary Package IS4Q5750002, Revision D, dated December 1, 2003. Inspections Accomplished According to Previous Issue of Service Bulletin (k) Inspections accomplished before the effective date of this AD in accordance with Bombardier Alert Service Bulletin A84–57– 06, dated November 5, 2003; or Revision ‘A,’ dated December 16, 2003; are acceptable for compliance with the inspections required by this AD. No Reporting Requirement (l) Although the service bulletin specifies to submit certain information to the manufacturer, this AD does not include that requirement. E:\FR\FM\30MRP1.SGM 30MRP1 Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Proposed Rules Alternative Methods of Compliance (AMOCs) (m) 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 (n) Canadian airworthiness directive CF– 2004–11, dated June 28, 2004, also addresses the subject of this AD. Issued in Renton, Washington, on March 18, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–6248 Filed 3–29–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–20724; Directorate Identifier 2004–NM–233–AD] RIN 2120–AA64 Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain BAE Systems (Operations) Limited Model BAe 146 series airplanes. This proposed AD would require repetitive inspections for cracks of the fuselage pressure skin above the left and right main landing gear (MLG) bay. This proposed AD also would require corrective action, including related investigative actions, if leaks are found. This proposed AD is prompted by reports of cracks in the fuselage pressure skin above the left and right MLG bay. We are proposing this AD to detect and correct fatigue cracking in the fuselage pressure skin above the left and right MLG bay; such fatigue cracking could adversely affect the structural integrity of the fuselage and its ability to maintain pressure differential. DATES: We must receive comments on this proposed AD by April 29, 2005. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket web site: Go to https://dms.dot.gov and follow the VerDate jul<14>2003 14:59 Mar 29, 2005 Jkt 205001 instructions for sending your comments electronically. • Government-wide rulemaking web site: Go to https://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. • By 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. For service information identified in this proposed AD, contact British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171. You can examine the contents of this AD docket on the Internet at https:// dms.dot.gov, or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW, room PL–401, on the plaza level of the Nassif Building, Washington, DC. This docket number is FAA–2005– 20724; the directorate identifier for this docket is 2004-NM–233-AD. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–1175; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA– 2005–20724; Directorate Identifier 2004–NM–233–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments submitted by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to https:// 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 proposed AD. Using the search function of our docket website, 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 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 16173 comment on behalf of an association, business, labor union, etc.). You can review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you can visit https:// dms.dot.gov. Examining the Docket You can examine the AD docket on the Internet at https://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 DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the DMS receives them. Discussion The Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom, notified us that an unsafe condition may exist on certain BAE Systems (Operations) Limited Model BAe 146 series airplanes. The CAA advises that significant cracking in the fuselage pressure skin above the main landing gear (MLG) bay has been reported following unrelated maintenance. The published inspection technique does not guarantee that any damage will be detected. This condition, if not corrected, could adversely affect the structural integrity of the fuselage and its ability to maintain pressure differential. Relevant Service Information BAE Systems (Operations) Limited has issued Inspection Service Bulletin 53–170, dated August 8, 2003. The service bulletin describes procedures for repetitive inspections for cracks of the fuselage pressure skin above the left and right main landing gear (MLG) bay; and for corrective action, including related investigative actions, if necessary. The inspections for cracks include listening for air leaks and doing a visual check for air leaks. The corrective action includes repairing any crack found during the inspections for air leaks and contacting the manufacturer if the crack exceeds the limit specified in the service bulletin. The related investigative actions include doing a detailed visual and fluorescent dye penetrant or eddy current inspection for cracking on the fuselage pressure skin. If any cracking is found during the related investigative actions, the service bulletin specifies to report the findings to BAe Systems. The service bulletin also specifies that E:\FR\FM\30MRP1.SGM 30MRP1

Agencies

[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Proposed Rules]
[Pages 16170-16173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6248]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20727; Directorate Identifier 2004-NM-148-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-400, -401, and -
402 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier Model DHC-8-400, -401, and -402 airplanes. This 
proposed AD would require repetitive inspections to detect 
discrepancies of the attachment fittings of the outboard flap front 
spar at flap track Number 4 and Number 5 locations, and corrective 
actions if necessary. This proposed AD also would require eventual 
replacement of the attachment fittings as terminating action for the 
repetitive inspections. This proposed AD is prompted by the discovery 
of several airplanes that have loose flap front spar attachment 
fittings at flap track Number 4 and Number 5 locations. We are 
proposing this AD to prevent the attachment fittings from becoming 
detached, and consequent loss of control of the airplane.

DATES: We must receive comments on this proposed AD by April 29, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to https://
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.
     By 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.
    For service information identified in this proposed AD, contact 
Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt 
Boulevard, Downsview, Ontario M3K 1Y5, Canada.
    You can examine the contents of this AD docket on the Internet at 
https://dms.dot.gov, or at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, on 
the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20727; the directorate identifier for this docket is 
2004-NM-148-AD.

FOR FURTHER INFORMATION CONTACT: David A. Lawson, 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) 228-7327; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20727; 
Directorate Identifier 2004-NM-148-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to https://
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 proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual

[[Page 16171]]

who sent the comment (or signed the comment on behalf of an 
association, business, labor union, etc.). You can review the DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78), or you can visit https://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at https://
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 DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified us that an unsafe condition may exist on 
certain Bombardier Model DHC-8-400, -401, and -402 airplanes. TCCA 
advises that, during inspections and flap modifications, several 
airplanes were found to have loose flap front spar attachment fittings 
at flap track Number 4 and Number 5 locations. When the fittings were 
removed, it was discovered that the fittings and the flap front spar 
web to which they were mounted had elongated attachment holes. In 
addition, the lugs of certain attachment fittings were found to be 
chafing with flap track Number 4. Loose fittings can damage the front 
spar web and result in the fitting becoming detached, and consequent 
loss of control of the airplane.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin (ASB) A84-57-06, 
Revision ``B'' dated March 9, 2004. That ASB describes procedures for 
repetitive visual inspections to detect discrepancies of the attachment 
fittings of the outboard flap front spar, track Number 4 and Number 5. 
For flap track Number 4, discrepancies include damage caused by fouling 
with a flap track, loose fittings, and nonconforming blind fasteners. 
For flap track Number 5, discrepancies include loose fittings, a gap 
between any fitting and the front spar web that exceeds 0.002 inches, 
and nonconforming blind fasteners.
    The alert service bulletin refers to the following Bombardier 
Repair Drawings (RD) as additional sources of service information for 
doing corrective actions/temporary repairs/terminating action:
     8/4-57-226, Issue 2, dated November 11, 2003.
     8/4-57-228, Issue 1, dated October 27, 2003.
     8/4-57-220, Issue 2, dated October 15, 2003.
    The temporary repair procedures involve opening up the holes on 
original centers in both the brackets and front spar to allow for 
installation of oversize fasteners, inspecting the areas around the 
holes for cracks and/or other signs of damage, installing oversize Hi-
Lite Pins with corresponding collars in lieu of original standard MS-
type blind bolts at all repair locations, and applying corrosion 
inhibiting compounds as required.
    The alert service bulletin also refers to Modification Summary 
Package IS4Q5750002, Revision D, released December 1, 2003, as an 
additional source of service information for doing a permanent repair. 
The permanent repair involves replacing four blind bolts with certain 
oversize fasteners having certain collars, and installing a repair 
patch and solid shim. Accomplishing the permanent repair eliminates the 
need for the repetitive inspections described previously.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. TCCA mandated the 
service information and issued Canadian airworthiness directive CF-
2004-11, dated June 28, 2004, to ensure the continued airworthiness of 
these airplanes in Canada.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in Canada and are type 
certificated for operation in the United States under the provisions of 
Sec.  21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, TCCA has kept the FAA informed of 
the situation described above. We have examined TCCA's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require repetitive 
inspections to detect discrepancies of the attachment fittings of the 
outboard flap front spar at flap track Number 4 and Number 5 locations, 
and corrective actions if necessary. This proposed AD also would 
require eventual replacement of the attachment fittings as terminating 
action for the repetitive inspections. The proposed AD would require 
you to use the service information described previously to perform 
these actions, except as discussed below.

Differences Between Proposed Rule and Alert Service Bulletin

    The alert service bulletin specifies that you may contact the 
manufacturer for instructions on how to repair certain conditions, but 
this proposed AD would require you to repair those conditions using a 
method that we or TCAA (or its delegated agent) approve. In light of 
the type of repair that would be required to address the unsafe 
condition, and consistent with existing bilateral airworthiness 
agreements, we have determined that, for this proposed AD, a repair we 
or TCAA approve would be acceptable for compliance with this proposed 
AD Operators should note that, although the Accomplishment Instructions 
of the alert service bulletin describe procedures for submitting 
inspection results to the manufacturer, this proposed AD would not 
require that action.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                                                Average                    Cost per        U.S.-
            Action              Work hours    labor rate       Parts       airplane     registered    Fleet cost
                                               per hour                                  airplanes
----------------------------------------------------------------------------------------------------------------
Inspections (per inspection               1           $65            $0           $65            22   \1\ $1,430
 cycle)......................
Permanent repair.............            20            65             0         1,300            22      28,600
----------------------------------------------------------------------------------------------------------------
\1\ Per inspection cycle.


[[Page 16172]]

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated 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 proposed AD. 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 FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Bombardier, Inc. (Formerly de Havilland, Inc.): Docket No. FAA-2005-
20727; Directorate Identifier 2004-NM-148-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by April 29, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-400, -401 and -402 
airplanes, certificated in any category; serial numbers 4001 and 
4003 through 4093 inclusive.

Unsafe Condition

    (d) This AD is prompted by the discovery of several airplanes 
that have loose flap front spar attachment fittings at flap track 
Number 4 and Number 5 locations. We are issuing this AD to prevent 
the attachment fittings from becoming detached, and consequent loss 
of control of the airplane.

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 Alert Service Bulletin 
A84-57-06, Revision `B,' dated March 9, 2004.

Inspections of Flap Track Number 4

    (g) For any front spar attachment fitting at the flap track 
Number 4 location on which Bombardier Repair Drawing (RD) 8/4-57-
228, Issue 1, dated October 27, 2003; in combination with RD 8/4-57-
173, Issue 2, dated June 17, 2003, or RD 8/4-57-180, Issue 2, dated 
September 22, 2003, or RD 8/4-57-226, Issue 2, dated November 11, 
2003; has not been done prior to the effective date of this AD: 
Within 400 flight hours after the effective date of this AD, do a 
general visual inspection to detect discrepancies of the front spar 
attachment fittings at the flap track Number 4 location on both the 
left and right outboard flap assemblies. Do the inspection in 
accordance with the service bulletin. Repeat the inspection 
thereafter at intervals not to exceed 800 flight hours until the 
terminating action required by paragraph (j) of this AD is done.

    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.''

Inspections of Flap Track Number 5

    (h) Within 400 flight hours after the effective date of this AD, 
do a general visual inspection to detect discrepancies of the front 
spar attachment fittings at the flap track Number 5 location on both 
the left and right outboard flap assemblies. Do the inspection in 
accordance with the service bulletin. Repeat the inspection 
thereafter at intervals not to exceed 800 flight hours until the 
terminating action required by paragraph (j) of this AD is done.

Corrective Actions

    (i) If any discrepancy is found during any inspection required 
by paragraph (g) or (h) of this AD, before further flight, repair 
the discrepancy in accordance with the service bulletin. Where the 
service bulletin says to contact the manufacturer for repair 
instructions, before further flight, repair in accordance with a 
method approved by either the Manager, New York Aircraft 
Certification Office (ACO), FAA; or Transport Canada Civil Aviation 
(TCCA) (or its delegated agent).

Terminating Action--Permanent Repair

    (j) Within 4,000 flight hours after the effective date of this 
AD, do the permanent repair required by paragraphs (j)(1) and (j)(2) 
of this AD. Completing the permanent repair constitutes terminating 
action for the requirements of this AD.
    (1) Modify the attachment of the front fittings of flap track 
Number 4 on both the left and right outboard flap assemblies in 
accordance with Bombardier Repair Drawing (RD) 8/4-57-226, Issue 2, 
dated November 11, 2003. Fittings on which the repairs specified in 
RD 8/4-57-173, Issue 2, dated June 17, 2003, or RD 8/14-57-180, 
Issue 2, dated September 22, 2003, have been done do not require 
that RD 8/4-57-226 be incorporated at those fitting locations.
    (2) Modify the attachment of the front fittings of flap track 
Number 5 on both the left and right outboard flap assemblies in 
accordance with Bombardier Modification Summary Package IS4Q5750002, 
Revision D, dated December 1, 2003.

Inspections Accomplished According to Previous Issue of Service 
Bulletin

    (k) Inspections accomplished before the effective date of this 
AD in accordance with Bombardier Alert Service Bulletin A84-57-06, 
dated November 5, 2003; or Revision `A,' dated December 16, 2003; 
are acceptable for compliance with the inspections required by this 
AD.

No Reporting Requirement

    (l) Although the service bulletin specifies to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

[[Page 16173]]

Alternative Methods of Compliance (AMOCs)

    (m) 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

    (n) Canadian airworthiness directive CF-2004-11, dated June 28, 
2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on March 18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6248 Filed 3-29-05; 8:45 am]
BILLING CODE 4910-13-P
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