[Federal Register: February 8, 2006 (Volume 71, Number 26)]
[Proposed Rules]
[Page 6411-6413]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe06-27]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23798; Directorate Identifier 2005-NM-162-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier Model DHC-8-400 series airplanes. This proposed
AD would require replacing all domed anchor nuts at all attachment
locations of the upper fuel access panels of the center wing in the wet
bay location with new nuts. This proposed AD results from reported
cases of corroded dome anchor nuts at the attachment locations of the
upper surface of the fuel access panel of the center wing. We are
proposing this AD to prevent corrosion or perforation of domed anchor
nuts, which could result in arcing and ignition of fuel vapor in the
center wing fuel tank during a lightning strike and consequent
explosion of the fuel tank.

DATES: We must receive comments on this proposed AD by March 10, 2006.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
     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: George Duckett, 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) 228-7525; 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 ``FAA-2006-
23798; Directorate Identifier 2005-NM-162-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 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 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 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 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

    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 series airplanes. TCCA advises that,
during ``2C'' checks, there have been a number of reported cases of
corrosion of dome anchor nuts at the attachment locations of the upper
surface of the fuel access panel of the center wing. In some cases, the
dome anchor nuts were severely corroded and perforated. This condition,
if not corrected, could result in arcing and ignition of fuel vapor in
the center wing fuel tank during a lightning strike and consequent
explosion of the fuel tank.

Relevant Service Information

    Bombardier has issued Service Bulletin 84-57-10, Revision ``A,''
dated March 14, 2005. The service bulletin describes procedures for
replacing all domed anchor nuts at all attachment locations of the
upper fuel access panels of the center wing in the wet bay location
with new, corrosion-resistant anchor nuts. Accomplishing the actions
specified in the service information is intended to adequately address
the unsafe condition.
    The TCCA mandated the service information described previously, or
Bombardier Service Bulletin 84-57-11,

[[Page 6412]]

dated February 25, 2004, or Revision ``A,'' dated March 9, 2004; and
Bombardier Service Bulletin 84-57-12, dated March 11, 2005. The TCCA
also issued Canadian airworthiness directive CF-2005-08R1, issued
August 10, 2005, 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, the TCCA has kept the FAA informed
of the situation described above. We have examined the TCCA's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States.
    Therefore, we are proposing this AD, which would require
accomplishing the actions specified in Bombardier Service Bulletin 84-
57-10, Revision ``A,'' dated March 14, 2005.

Differences Between the Proposed AD and the Canadian Airworthiness
Directive

    Instead of doing the replacement specified in Bombardier Service
Bulletin 84-57-10, Revision ``A,'' dated March 14, 2005, Canadian
airworthiness directive mandates the inspections, installation, and
corrective actions if necessary specified in Bombardier Service
Bulletin 84-57-11, dated February 25, 2004, or Revision ``A,'' dated
March 9, 2004; and Bombardier Service Bulletin 84-57-12, dated March
11, 2005. The TCCA allows those actions because of the limited
availability of new, corrosion-resistant anchor nuts.
    Since issuance of the Canadian airworthiness directive, the TCCA
has advised us that corrosion-resistant anchor nuts are now available.
Therefore, this proposed AD would require only the replacement
specified in Bombardier Service Bulletin 84-57-10. In addition, the
Canadian airworthiness directive requires the replacement within 9
months after April 27, 2005 (the effective date of the Canadian
airworthiness directive). However, this proposed AD would require the
replacement within 3 months after the effective date of the AD.
Deterioration of anchor nuts over time can cause the anchor nuts to
become perforated, which could result in a potential source of ignition
in a fuel tank and consequent fire or explosion. Therefore, we have
determined that a compliance time of 3 months after the effective date
of this AD is the maximum time allowable for all affected airplanes to
continue to operate without compromising safety. TCCA agrees with our
decision to mandate that replacement and to shorten the compliance
time, which will align closer to their compliance date. Bombardier has
been contacted, and they can support the part requirements.

Costs of Compliance

    This proposed AD would affect about 20 airplanes of U.S. registry.
The proposed actions would take about 62 work hours per airplane, at an
average labor rate of $65 per work hour. Required parts would cost
about $300 per airplane. Based on these figures, the estimated cost of
the proposed AD for U.S. operators is $86,600, or $4,330 per airplane.

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
adding the following new airworthiness directive (AD):

Bombardier, Inc. (Formerly de Havilland, Inc.): Docket No. FAA-2006-
23798; Directorate Identifier 2005-NM-162-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by March 10,
2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-400 series
airplanes, certificated in any category; serial numbers 4001, and
4003 through 4115 inclusive.

Unsafe Condition

    (d) This AD results from reported cases of corroded dome anchor
nuts at the attachment locations of the upper surface of the fuel
access panel of the center wing. We are issuing this AD to prevent
corrosion or perforation of domed anchor nuts, which could result in
arcing and ignition of fuel vapor in the center wing fuel tank
during a lightning strike and consequent explosion of the fuel tank.

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.

[[Page 6413]]

Replacement With Corrosion Resistant Anchor Nuts

    (f) At the applicable time in Table 1 of this AD, replace all
domed anchor nuts at all attachment locations of the upper fuel
access panels of the center wing in the wet bay location with new,
corrosion-resistant anchor nuts. Do all the actions in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
84-57-10, Revision `A,' dated March 14, 2005.

                        Table 1.--Compliance Time
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                                  On which the
 For airplanes having serial      inspection(s)      Do the replacement
          number(s)               specified in
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(1) 4108 through 4115         None................  Within 48 months
 inclusive.                                          after the date of
                                                     issuance of the
                                                     original standard
                                                     Canadian
                                                     airworthiness
                                                     certificate or the
                                                     date of issuance of
                                                     the original
                                                     Canadian export
                                                     certificate of
                                                     airworthiness, or
                                                     within 2 months
                                                     after the effective
                                                     date of this AD,
                                                     whichever occurs
                                                     later.
(2) 4001, and 4003 through    Bombardier Service    Within 24 months
 4107 inclusive.               Bulletin 84-57-11,    after those
                               dated February 25,    inspections, or
                               2005; or Revision     within 2 months
                               `A,' dated March 9,   after the effective
                               2005; have been       date of this AD,
                               done before the       whichever occurs
                               effective date of     later.
                               this AD.
                              Bombardier Service    Within 48 months
                               Bulletin 84-57-12,    after that
                               dated March 11,       inspection, or
                               2005, has been done   within 2 months
                               before the            after the effective
                               effective date of     date of this AD,
                               this AD.              whichever occurs
                                                     later.
                              Bombardier Service    Within 3 months
                               Bulletin 84-57-11,    after the effective
                               dated February 25,    date of this AD.
                               2005, or Revision
                               `A,' dated March 9,
                               2005; or Bombardier
                               Service Bulletin 84-
                               57-12, dated March
                               11, 2005; has not
                               been done before
                               the effective date
                               of this AD.
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Alternative Methods of Compliance (AMOCs)

    (g)(1) 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.
    (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

    (h) Canadian airworthiness directive CF-2005-08R1, issued August
10, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on January 26, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E6-1684 Filed 2-7-06; 8:45 am]

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