Airworthiness Directives; Bombardier Model DHC-8-400 Series Airplanes, 3756-3759 [E7-1201]
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definition the same; (2) including leased
and temporary employees as HUBZone
employees, but keeping the use of fulltime equivalents; or (3) not including
leased and temporary employees as
HUBZone employees, and not using
full-time equivalents. (For a detailed
discussion on the alternatives
considered, see the discussion above in
the Regulatory Impact Analysis.)
The purpose of the current definition
of employee is to focus on those jobs
that best fulfill the statutory purpose of
the HUBZone Act. That is why SBA
proposes to allow a concern to count
part-time employees, but only if the
part-time employees work a minimum
of 40 hours per week. SBA believes that
counting part-time, leased and
temporary and full-time equivalents as
employees of the HUBZone SBC will
still fulfill the statutory purpose and
intent of the HUBZone Act by providing
more job opportunities for HUBZone
residents, albeit temporary ones.
For example, if a concern has 15
employees and 5 are temporary or
leased employees, then, under the
current rule, 35% of 10 of the concern’s
employees must be HUBZone residents.
Under the proposed rule, 35% of all 15
of the concern’s employees must be
HUBZone residents. Thus, this
proposed definition would impose a
more stringent standard on the concern,
which SBA believes will increase
employment opportunities in
HUBZones.
Finally, SBA believes that this
definition of employee is similar to the
definition set forth in its size
regulations, 13 CFR part 121. The size
regulations define employee as all
individuals employed on a full-time,
part-time, or other basis. 13 CFR
121.106(a). SBA will consider the
totality of the circumstances, including
factors relevant for tax purposes, in
determining whether individuals are
employees of the concern in question.
This totality of the circumstances
language stems from SBA Size Policy
Statement No. 1, published in the
Federal Register on February 20, 1986,
51 FR 6099. Basically, Size Policy
Statement No. 1 states that SBA will
consider temporary or leased employees
to be employees of a SBC on an ‘‘other
basis’’ if the SBC is deriving the usual
benefits incident to employment of such
individuals and the totality of the
circumstances requires so. 51 FR 6099–
6101.
SBA decided to refer to this Size
Policy Statement, rather than include all
of the criteria and factors, in the
regulation. SBA believes that referring
SBCs and the general public to the
policy document on the issue would
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15:24 Jan 25, 2007
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provide everyone with a better
understanding of the totality of
circumstances.
In sum, the proposed definition of
employee chosen by SBA for its
HUBZone program is similar to SBA’s
size regulations and this should be less
confusing and less of a burden on small
businesses. However, we note that while
the SBA is seeking comments on all
aspects of this proposed rule, the
Agency would specifically like
comments addressing whether 40 hours
per month is a suitable minimum work
requirement.
8. Cost Analysis
The proposed rule may impact those
qualified HUBZone SBCs that hire
temporary and leased employees and do
not count them toward their 35%
HUBZone residency requirement or
principal office requirement. These
HUBZone SBC may or may not still be
eligible for the program, once the rule
becomes final. If these HUBZone SBCs
are no longer qualified for the program,
they will lose future HUBZone contract
opportunities. However, the proposed
rule will allow other SBCs to become
eligible for the program. These
HUBZone SBCs will have the
opportunity to compete for future
HUBZone contracts.
The proposed rule will not impact
substantially SBA’s costs. SBA does not
know the economic impact or costs of
the proposed rule on other Federal
agencies. Federal agencies issuing
HUBZone contracts will have to train
and educate their employees on the
proposed rule, if adopted. This cost
should be minimal. The increase in the
number of HUBZone SBCs in the
program will increase competition and
this may result in lower prices/awards,
thereby reducing Federal procurement
costs.
9. Conclusion
Based upon the foregoing, SBA has
determined that this proposed rule has
a significant economic impact on a
substantial number of small entities
within the meaning of the RFA.
List of Subjects in 13 CFR Part 126
Government procurement, Small
businesses.
For the reasons set forth above, SBA
proposes to amend 13 CFR part 126, as
follows:
PART 126—HUBZONE PROGRAM
1. The authority citation for 13 CFR
part 126 continues to read as follows:
Authority: 15 U.S.C. 632(a), 632(j), 632(p)
and 657a.
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2. Amend § 126.103 by revising the
definition of the term ‘‘employee’’ to
read as follows:
§ 126.103 What definitions are important in
the HUBZone program?
*
*
*
*
*
Employee means all individuals
employed on a full-time, part-time, or
other basis, so long as that individual
works a minimum of 40 hours per
month. This includes employees
obtained from a temporary employee
agency, professional employee
organization, leasing concern, or
through a union agreement. SBA will
consider the totality of the
circumstances, including criteria used
by the IRS for Federal income tax
purposes and those set forth in SBA’s
Size Policy Statement No. 1, in
determining whether individuals are
employees of a concern. Volunteers (i.e.,
individuals who receive no
compensation, including no in-kind
compensation, for work performed) are
not considered employees. However, if
an individual has an ownership interest
in and works for the HUBZone SBC a
minimum of 40 hours per month, that
owner is considered an employee
regardless of whether or not the
individual receives compensation.
*
*
*
*
*
Dated: September 21, 2006.
Steven C. Preston,
Administrator.
Editorial Note: This document was
received at the Office of the Federal Register
on January 23, 2007.
[FR Doc. E7–1284 Filed 1–25–07; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–27016; Directorate
Identifier 2006–NM–176–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier
Model DHC–8–400 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to
supersede an existing airworthiness
directive (AD) that applies to certain
Bombardier Model DHC–8–400 series
airplanes. The existing AD currently
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requires inspecting the electrical
connectors of the fire bottles for the
forward and aft baggage compartments
and for the auxiliary power unit (APU)
and engine nacelles to determine if they
are connected correctly; and doing
related investigative and corrective
actions, if necessary. This proposed AD
would add a requirement to install/
modify lanyards, mounts, and clamps to
the forward and aft baggage
compartment, APU, and engine nacelle
fire extinguishing systems. This
proposed AD would also require
installation and removal procedures for
certain fire bottles and fire extinguisher
cartridges. This proposed AD also adds
two airplanes to the applicability. This
proposed AD results from reports of the
electrical connectors for the fire bottles
in the forward and aft baggage
compartments, APU, and engine nacelle
being cross-connected. We are
proposing this AD to detect and correct
cross-connection of the fire bottles and
to prevent cross-connection, which
could result in failure of the fire bottles
to discharge and consequent inability to
extinguish a fire in the affected areas.
We must receive comments on
this proposed AD by February 26, 2007.
DATES:
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.
• 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.
ADDRESSES:
Ezra
Sasson, Aerospace Engineer, Systems
and Flight Test Branch, ANE–172, FAA,
New York Aircraft Certification Office,
1600 Stewart Avenue, suite 410,
Westbury, New York 11590; telephone
(516) 228–7320; fax (516) 794–5531.
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FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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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 in the
ADDRESSES section. Include the docket
number ‘‘Docket No. FAA–2007–27016;
Directorate Identifier 2006–NM–176–
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 received 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 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 https://
dms.dot.gov.
Examining the Docket
You may 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 Docket
Management System receives them.
Discussion
On June 7, 2005, we issued AD 2005–
12–17, amendment 39–14133 (70 FR
35172, June 17, 2005), for certain
Bombardier Model DHC–8–400 series
airplanes. That AD requires inspecting
the electrical connectors of the fire
bottles for the forward and aft baggage
compartments and for the auxiliary
power unit (APU) and engine nacelles to
determine if they are connected
correctly; and doing related
investigative and corrective actions, if
necessary. That AD resulted from
reports of the electrical connectors for
the fire bottles in the forward and aft
baggage compartments being cross-
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connected. We issued that AD to detect
and correct cross-connection of the fire
bottles, which could result in failure of
the fire bottles to discharge and
consequent inability to extinguish a fire
in the affected areas.
Actions Since Existing AD Was Issued
Since we issued AD 2005–12–17, it
was determined that the lengths of the
lanyards may not be sufficiently
different to prevent cross-connection of
cartridges if the tie wraps or associated
clipping are not located as intended.
Relevant Service Information
Bombardier has issued Alert Service
Bulletin A84–26–06, Revision ‘A,’ dated
June 6, 2005 (Bombardier Alert Service
Bulletin A84–26–06, dated May 12,
2005, was referenced as the appropriate
source of service information for doing
the actions specified in AD 2005–12–
17). Revision ‘A’ contains essentially the
same procedures as the original issue.
Revision ’A’ clarifies an operational
check and other minor editorial
changes.
Bombardier has also issued Service
Bulletin 84–26–07, Revision ‘B,’ dated
November 1, 2006. The service bulletin
describes procedures to install/modify
lanyards, mounts, and clamps to the
forward and aft baggage compartment,
APU, and engine nacelle fire
extinguishing systems. The service
bulletin includes two additional
airplanes in its effectivity that are not in
Bombardier Alert Service Bulletin A84–
26–06.
Accomplishing the actions specified
in the service information is intended to
adequately address the unsafe
condition. Transport Canada Civil
Aviation (TCCA), which is the
airworthiness authority for Canada,
mandated the service information and
issued Canadian airworthiness directive
CF–2005–14R1, dated May 8, 2006, to
ensure the continued airworthiness of
these airplanes in Canada.
Bombardier has also issued the
temporary revisions (TRs) specified in
the table below to the Bombardier Dash
8 Series 400 Aircraft Maintenance
Manual (AMM), Program Support
Manual (PSM) 1–84–2. The TRs specify
installation and removal procedures for
certain fire bottles and fire extinguisher
cartridges.
TABLE—BOMBARDIER TRS
TR
26–017
26–018
26–019
26–020
26–021
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Date
........
........
........
........
........
26JAP1
May
May
May
May
May
PSM chapter
10,
10,
10,
10,
10,
26–21–01.
26–21–01.
26–22–02.
26–22–03.
26–22–11.
2005
2005
2005
2005
2005
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FAA’s Determination and Requirements
of the Proposed AD
TABLE—BOMBARDIER TRS—
Continued
TR
26–022
26–023
26–024
26–025
26–026
26–027
Date
........
........
........
........
........
........
May
May
May
May
May
May
10,
11,
11,
11,
11,
11,
This airplane model is manufactured
in Canada and is type certificated for
operation in the United States under the
provisions of section 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 airplanes of this type design that are
certificated for operation in the United
States.
PSM chapter
26–22–11.
26–23–01.
26–22–16.
26–22–16.
26–21–06.
26–21–06.
2005
2005
2005
2005
2005
2005
The TRs have been incorporated into
Bombardier Dash 8 Series 400 AMM,
PSM 1–84–2, Revision 21, dated
December 5, 2005. Bombardier has also
issued Revision 22 of the Dash 8 Series
400 AMM, PSM 1–84–2, dated June 5,
2006. Revision 22 contains the same
procedures as those specified in the TRs
and incorporated into Revision 21.
This proposed AD would supersede
AD 2005–12–17 and would retain the
requirements of the existing AD. This
proposed AD would also require
installing/modifying lanyards, mounts,
and clamps to the forward and aft
baggage compartment, APU, and engine
nacelle fire extinguishing systems. This
proposed AD would also require
installation and removal procedures for
certain fire bottles and fire extinguisher
cartridges. This proposed AD would
also add two airplanes to the
applicability.
Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this proposed AD.
ESTIMATED COSTS
Action
Inspection (required by AD 2005–
12–17).
Modification (new proposed action).
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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
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Number of
U.S.-registered
airplanes
Fleet cost
$80
$0 ......................................
$160
19
$3,040.
4
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.
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Cost per airplane
Parts
2
Authority for This Rulemaking
VerDate Aug<31>2005
Average
labor rate
per hour
Work hours
80
Up to $200 ........................
520
21
Up to $10,920.
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 and placed it in the
AD docket. See the ADDRESSES section
for a location to examine the regulatory
evaluation.
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–14133 (70
FR 35172, June 17, 2005) and adding the
following new airworthiness directive
(AD):
Bombardier, Inc. (Formerly de Havilland,
Inc.): Docket No. FAA–2007–27016;
Directorate Identifier 2006–NM–176–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by February 26, 2007.
Affected ADs
(b) This AD supersedes AD 2005–12–17.
Applicability
Air transportation, Aircraft, Aviation
safety, Safety.
(c) This AD applies to Bombardier Model
DHC–8–400 series airplanes, certificated in
any category; serial numbers (S/Ns) 4001
through 4107 inclusive.
The Proposed Amendment
Unsafe Condition
List of Subjects in 14 CFR Part 39
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:
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(d) This AD results from reports of the
electrical connectors for the fire bottles in the
forward and aft baggage compartments,
auxiliary power unit (APU), and engine
nacelle being cross-connected. We are issuing
this AD to detect and correct crossconnection of the fire bottles and to prevent
cross-connection, which could result in
failure of the fire bottles to discharge and
consequent inability to extinguish a fire in
the affected areas.
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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.
Restatement of Requirements of AD 2005–
12–17
Inspection and Corrective Action
(f) For airplanes having S/Ns 4001 through
4105 inclusive: Within 14 days after July 5,
2005 (the effective date of AD 2005–12–17),
inspect the electrical connectors of the fire
bottles for the forward and aft baggage
compartments and for the APU and engine
nacelles to determine if they are connected
correctly; and, before further flight, do the
related investigative and corrective actions,
as applicable; by doing all of the applicable
actions specified in the Accomplishment
Instructions of Bombardier Alert Service
Bulletin A84–26–06, dated May 12, 2005; or
Revision ‘A,’ dated June 6, 2005. Although
the service bulletins specify to submit certain
information to the manufacturer, this AD
does not include that requirement.
New Requirements of This AD
Installation/Modification
(g) For all airplanes: Within 5,000 flight
hours after the effective date of this AD,
install/modify lanyards, mounts, and clamps
to the forward and aft baggage compartment,
APU, and engine nacelle fire extinguishing
systems by doing all the actions specified in
the Accomplishment Instructions of
Bombardier Service Bulletin 84–26–07,
Revision ‘B,’ dated November 1, 2006.
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Installation and Removal of Bottles and
Cartridges
(h) For airplanes having S/Ns 4001 through
4105 inclusive: As of the effective date of this
AD, whenever any of the actions specified in
paragraphs (h)(1), (h)(2), (h)(3), (h)(4), (h)(5),
(h)(6), and (h)(7) of this AD are done, those
actions must be done in accordance with a
method approved by either the Manager,
New York Aircraft Certification Office (ACO),
FAA; or Transport Canada Civil Aviation (or
its delegated agent). Bombardier Dash 8
Series 400 Aircraft Maintenance Manual,
Product Support Manual (PSM) 1–84–2,
Revision 22, dated June 5, 2006, is one
approved method.
(1) Installation and removal of nacelle fire
bottles.
(2) Installation of aft high-rate fire bottles.
(3) Installation of forward high-rate fire
bottles.
(4) Installation and removal of low-rate fire
bottles.
(5) Installation of APU fire bottles.
(6) Installation and removal of low-rate fire
extinguisher cartridges.
(7) Installation and removal of nacelle fire
extinguisher cartridges.
Actions Accomplished According to Previous
Issue of Service Bulletin
(i) Actions accomplished before the
effective date of this AD in accordance with
Bombardier Service Bulletin 84–26–07, dated
June 15, 2005; and Revision ‘A,’ dated
February 21, 2006; are considered acceptable
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15:24 Jan 25, 2007
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for compliance with the corresponding action
specified in paragraph (g) of this AD,
provided the intended restriction of the
connectors was done as specified in
Bombardier Service Bulletin 84–26–07,
Revision ‘B,’ dated November 1, 2006.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, New York ACO, FAA,
has the authority to approve AMOCs for this
AD, if requested in accordance with the
procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 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
(k) Canadian airworthiness directive CF–
2005–14R1, dated May 8, 2006, also
addresses the subject of this AD.
Issued in Renton, Washington, on January
17, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–1201 Filed 1–25–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–27014; Directorate
Identifier 2006–NM–253–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A330 Airplanes and Model A340–200
and –300 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as un-damped extension of
the main landing gear (MLG),
potentially leading to loss of side stay
integrity and then MLG collapse. The
proposed AD would require actions that
are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by February 26, 2007.
ADDRESSES: You may send comments by
any of the following methods:
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3759
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Fax: (202) 493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• 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.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov; or in
person at the Docket Management
Facility between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
proposed AD, the regulatory evaluation,
any comments received, and other
information. The street address for the
Docket Office (telephone (800) 647–
5227) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
Tim
Backman, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–2797;
fax (425) 227–1149.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new
process for streamlining the issuance of
ADs related to MCAI. This streamlined
process will allow us to adopt MCAI
safety requirements in a more efficient
manner and will reduce safety risks to
the public. This process continues to
follow all FAA AD issuance processes to
meet legal, economic, Administrative
Procedure Act, and Federal Register
requirements. We also continue to meet
our technical decision-making
responsibilities to identify and correct
unsafe conditions on U.S.-certificated
products.
This proposed AD references the
MCAI and related service information
that we considered in forming the
engineering basis to correct the unsafe
condition. The proposed AD contains
text copied from the MCAI and for this
reason might not follow our plain
language principles.
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]]>Agencies
[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Proposed Rules]
[Pages 3756-3759]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1201]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27016; Directorate Identifier 2006-NM-176-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model DHC-8-400 Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain Bombardier Model DHC-8-400
series airplanes. The existing AD currently
[[Page 3757]]
requires inspecting the electrical connectors of the fire bottles for
the forward and aft baggage compartments and for the auxiliary power
unit (APU) and engine nacelles to determine if they are connected
correctly; and doing related investigative and corrective actions, if
necessary. This proposed AD would add a requirement to install/modify
lanyards, mounts, and clamps to the forward and aft baggage
compartment, APU, and engine nacelle fire extinguishing systems. This
proposed AD would also require installation and removal procedures for
certain fire bottles and fire extinguisher cartridges. This proposed AD
also adds two airplanes to the applicability. This proposed AD results
from reports of the electrical connectors for the fire bottles in the
forward and aft baggage compartments, APU, and engine nacelle being
cross-connected. We are proposing this AD to detect and correct cross-
connection of the fire bottles and to prevent cross-connection, which
could result in failure of the fire bottles to discharge and consequent
inability to extinguish a fire in the affected areas.
DATES: We must receive comments on this proposed AD by February 26,
2007.
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.
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: Ezra Sasson, Aerospace Engineer,
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New
York 11590; telephone (516) 228-7320; fax (516) 794-5531.
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 in the ADDRESSES section. Include the docket number ``Docket No.
FAA-2007-27016; Directorate Identifier 2006-NM-176-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 received 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
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 https://dms.dot.gov.
Examining the Docket
You may 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 Docket Management System
receives them.
Discussion
On June 7, 2005, we issued AD 2005-12-17, amendment 39-14133 (70 FR
35172, June 17, 2005), for certain Bombardier Model DHC-8-400 series
airplanes. That AD requires inspecting the electrical connectors of the
fire bottles for the forward and aft baggage compartments and for the
auxiliary power unit (APU) and engine nacelles to determine if they are
connected correctly; and doing related investigative and corrective
actions, if necessary. That AD resulted from reports of the electrical
connectors for the fire bottles in the forward and aft baggage
compartments being cross-connected. We issued that AD to detect and
correct cross-connection of the fire bottles, which could result in
failure of the fire bottles to discharge and consequent inability to
extinguish a fire in the affected areas.
Actions Since Existing AD Was Issued
Since we issued AD 2005-12-17, it was determined that the lengths
of the lanyards may not be sufficiently different to prevent cross-
connection of cartridges if the tie wraps or associated clipping are
not located as intended.
Relevant Service Information
Bombardier has issued Alert Service Bulletin A84-26-06, Revision
`A,' dated June 6, 2005 (Bombardier Alert Service Bulletin A84-26-06,
dated May 12, 2005, was referenced as the appropriate source of service
information for doing the actions specified in AD 2005-12-17). Revision
`A' contains essentially the same procedures as the original issue.
Revision 'A' clarifies an operational check and other minor editorial
changes.
Bombardier has also issued Service Bulletin 84-26-07, Revision `B,'
dated November 1, 2006. The service bulletin describes procedures to
install/modify lanyards, mounts, and clamps to the forward and aft
baggage compartment, APU, and engine nacelle fire extinguishing
systems. The service bulletin includes two additional airplanes in its
effectivity that are not in Bombardier Alert Service Bulletin A84-26-
06.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. Transport Canada
Civil Aviation (TCCA), which is the airworthiness authority for Canada,
mandated the service information and issued Canadian airworthiness
directive CF-2005-14R1, dated May 8, 2006, to ensure the continued
airworthiness of these airplanes in Canada.
Bombardier has also issued the temporary revisions (TRs) specified
in the table below to the Bombardier Dash 8 Series 400 Aircraft
Maintenance Manual (AMM), Program Support Manual (PSM) 1-84-2. The TRs
specify installation and removal procedures for certain fire bottles
and fire extinguisher cartridges.
Table--Bombardier TRs
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TR Date PSM chapter
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26-017........................ May 10, 2005........ 26-21-01.
26-018........................ May 10, 2005........ 26-21-01.
26-019........................ May 10, 2005........ 26-22-02.
26-020........................ May 10, 2005........ 26-22-03.
26-021........................ May 10, 2005........ 26-22-11.
[[Page 3758]]
26-022........................ May 10, 2005........ 26-22-11.
26-023........................ May 11, 2005........ 26-23-01.
26-024........................ May 11, 2005........ 26-22-16.
26-025........................ May 11, 2005........ 26-22-16.
26-026........................ May 11, 2005........ 26-21-06.
26-027........................ May 11, 2005........ 26-21-06.
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The TRs have been incorporated into Bombardier Dash 8 Series 400
AMM, PSM 1-84-2, Revision 21, dated December 5, 2005. Bombardier has
also issued Revision 22 of the Dash 8 Series 400 AMM, PSM 1-84-2, dated
June 5, 2006. Revision 22 contains the same procedures as those
specified in the TRs and incorporated into Revision 21.
FAA's Determination and Requirements of the Proposed AD
This airplane model is manufactured in Canada and is type
certificated for operation in the United States under the provisions of
section 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 airplanes of this type design that are certificated for
operation in the United States.
This proposed AD would supersede AD 2005-12-17 and would retain the
requirements of the existing AD. This proposed AD would also require
installing/modifying lanyards, mounts, and clamps to the forward and
aft baggage compartment, APU, and engine nacelle fire extinguishing
systems. This proposed AD would also require installation and removal
procedures for certain fire bottles and fire extinguisher cartridges.
This proposed AD would also add two airplanes to the applicability.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
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Number of
Average Cost per U.S.-
Action Work hours labor rate Parts airplane registered Fleet cost
per hour airplanes
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Inspection (required by AD 2005-12-17) 2 $80 $0....................... $160 19 $3,040.
Modification (new proposed action).... 4 80 Up to $200............... 520 21 Up to $10,920.
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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 proposed 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, 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
removing amendment 39-14133 (70 FR 35172, June 17, 2005) and adding the
following new airworthiness directive (AD):
Bombardier, Inc. (Formerly de Havilland, Inc.): Docket No. FAA-2007-
27016; Directorate Identifier 2006-NM-176-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by February
26, 2007.
Affected ADs
(b) This AD supersedes AD 2005-12-17.
Applicability
(c) This AD applies to Bombardier Model DHC-8-400 series
airplanes, certificated in any category; serial numbers (S/Ns) 4001
through 4107 inclusive.
Unsafe Condition
(d) This AD results from reports of the electrical connectors
for the fire bottles in the forward and aft baggage compartments,
auxiliary power unit (APU), and engine nacelle being cross-
connected. We are issuing this AD to detect and correct cross-
connection of the fire bottles and to prevent cross-connection,
which could result in failure of the fire bottles to discharge and
consequent inability to extinguish a fire in the affected areas.
[[Page 3759]]
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.
Restatement of Requirements of AD 2005-12-17
Inspection and Corrective Action
(f) For airplanes having S/Ns 4001 through 4105 inclusive:
Within 14 days after July 5, 2005 (the effective date of AD 2005-12-
17), inspect the electrical connectors of the fire bottles for the
forward and aft baggage compartments and for the APU and engine
nacelles to determine if they are connected correctly; and, before
further flight, do the related investigative and corrective actions,
as applicable; by doing all of the applicable actions specified in
the Accomplishment Instructions of Bombardier Alert Service Bulletin
A84-26-06, dated May 12, 2005; or Revision `A,' dated June 6, 2005.
Although the service bulletins specify to submit certain information
to the manufacturer, this AD does not include that requirement.
New Requirements of This AD
Installation/Modification
(g) For all airplanes: Within 5,000 flight hours after the
effective date of this AD, install/modify lanyards, mounts, and
clamps to the forward and aft baggage compartment, APU, and engine
nacelle fire extinguishing systems by doing all the actions
specified in the Accomplishment Instructions of Bombardier Service
Bulletin 84-26-07, Revision `B,' dated November 1, 2006.
Installation and Removal of Bottles and Cartridges
(h) For airplanes having S/Ns 4001 through 4105 inclusive: As of
the effective date of this AD, whenever any of the actions specified
in paragraphs (h)(1), (h)(2), (h)(3), (h)(4), (h)(5), (h)(6), and
(h)(7) of this AD are done, those actions must be done in accordance
with a method approved by either the Manager, New York Aircraft
Certification Office (ACO), FAA; or Transport Canada Civil Aviation
(or its delegated agent). Bombardier Dash 8 Series 400 Aircraft
Maintenance Manual, Product Support Manual (PSM) 1-84-2, Revision
22, dated June 5, 2006, is one approved method.
(1) Installation and removal of nacelle fire bottles.
(2) Installation of aft high-rate fire bottles.
(3) Installation of forward high-rate fire bottles.
(4) Installation and removal of low-rate fire bottles.
(5) Installation of APU fire bottles.
(6) Installation and removal of low-rate fire extinguisher
cartridges.
(7) Installation and removal of nacelle fire extinguisher
cartridges.
Actions Accomplished According to Previous Issue of Service
Bulletin
(i) Actions accomplished before the effective date of this AD in
accordance with Bombardier Service Bulletin 84-26-07, dated June 15,
2005; and Revision `A,' dated February 21, 2006; are considered
acceptable for compliance with the corresponding action specified in
paragraph (g) of this AD, provided the intended restriction of the
connectors was done as specified in Bombardier Service Bulletin 84-
26-07, Revision `B,' dated November 1, 2006.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, New York ACO, FAA, has the authority to
approve AMOCs for this AD, if requested in accordance with the
procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
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
(k) Canadian airworthiness directive CF-2005-14R1, dated May 8,
2006, also addresses the subject of this AD.
Issued in Renton, Washington, on January 17, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-1201 Filed 1-25-07; 8:45 am]
BILLING CODE 4910-13-P
