[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Proposed Rules]
[Pages 71369-71371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29448]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1157; Directorate Identifier 2010-NM-137-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model DHC-8-102, -103, 
-106, -201, -202, -301, -311, -315, -401, and -402 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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) originated 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:

    There have been several in-service reports of finding trapped 
water on the bottom of the cockpit windshield frames (or lower 
windshield frames) that resulted in either corrosion or water 
ingress into the cockpit. In one occurrence, the trapped water 
caused severe corrosion of numerous anchor nuts that secure the 
windshield to the lower windshield frame, such that the intended 
fastening function was seriously compromised.
    Corrosion of the lower windshield frames, including the anchor 
nuts that secure the windshield to the aircraft structure, can 
result in a serious structural degradation possibly leading to the 
loss of the windshield during flight. Also, water could leak into 
the cockpit and cause either a malfunction or failure of the 
electrical and electronics systems in the area of the cockpit 
instrument panels.

* * * * *
    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 January 7, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., 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., Q-Series Technical Help Desk, 123 Garratt Boulevard, 
Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-
4539; e-mail <a href="/cdn-cgi/l/email-protection#d4a0bcb0faa5a7b1a6bdb1a794b5b1a6bbfab6bbb9b6b5a6b0bdb1a6fab7bbb9"><span class="__cf_email__" data-cfemail="ec988488c29d9f899e85899fac8d899e83c28e83818e8d9e8885899ec28f8381">[email protected]</span></a>; Internet http://www.bombardier.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
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 Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Craig Yates, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7355; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-1157; 
Directorate Identifier 2010-NM-137-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

[[Page 71370]]

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2010-16, dated May 18, 2010 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    There have been several in-service reports of finding trapped 
water on the bottom of the cockpit windshield frames (or lower 
windshield frames) that resulted in either corrosion or water 
ingress into the cockpit. In one occurrence, the trapped water 
caused severe corrosion of numerous anchor nuts that secure the 
windshield to the lower windshield frame, such that the intended 
fastening function was seriously compromised.
    Corrosion of the lower windshield frames, including the anchor 
nuts that secure the windshield to the aircraft structure, can 
result in a serious structural degradation possibly leading to the 
loss of the windshield during flight. Also, water could leak into 
the cockpit and cause either a malfunction or failure of the 
electrical and electronics systems in the area of the cockpit 
instrument panels.
    The lower windshield frames do not have drain provisions to 
prevent moisture or water run-off from the condensation of the 
windshields from being trapped. The consequences of trapped water in 
the lower windshield frames can result in unsafe conditions, as 
noted above. This Directive mandates the installation of a drain 
system for the lower windshield frames.

    For Model DHC-8-401 and -402 airplanes, the installation also 
includes a related investigative action, and corrective actions if 
necessary. The related investigative action is an inspection for 
corrosion of the anchor nuts and window frame. Corrective actions 
include replacing any corroded anchor nut with a new or serviceable 
anchor nut, or contacting the manufacturer for repair instructions and 
doing the repair. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletins 84-53-43, dated April 27, 
2010 (for Model DHC-8-401 and -402 airplanes, serial numbers 4001, 
4003, 4004, 4006, and 4008 through 4274 inclusive); and 8-53-78, 
Revision C, dated April 29, 2010 (for Model DHC-8-102, -103, -106, -
201, -202, -301, -311, and -315 airplanes, serial numbers 003 through 
566 inclusive). The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 191 products of U.S. registry. We also estimate that 
it would take about 20 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $1,660 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
costs. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $641,760, or $3,360 per product.

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 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 this 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 AD:

Bombardier, Inc.: Docket No. FAA-2010-1157; Directorate Identifier 
2010-NM-137-AD.

[[Page 71371]]

Comments Due Date

    (a) We must receive comments by January 7, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the Bombardier, Inc. airplanes, 
certificated in any category, identified in paragraphs (c)(1) and 
(c)(2) of this AD.
    (1) Model DHC-8-102, -103, -106, -201, -202, -301, -311, and -
315, serial numbers 003 through 566 inclusive.
    (2) Model DHC-8-401, and -402 airplanes, serial numbers 4001, 
4003, 4004, 4006, and 4008 through 4274 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 56: Windows.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    There have been several in-service reports of finding trapped 
water on the bottom of the cockpit windshield frames (or lower 
windshield frames) that resulted in either corrosion or water 
ingress into the cockpit. In one occurrence, the trapped water 
caused severe corrosion of numerous anchor nuts that secure the 
windshield to the lower windshield frame, such that the intended 
fastening function was seriously compromised. Corrosion of the lower 
windshield frames, including the anchor nuts that secure the 
windshield to the aircraft structure, can result in a serious 
structural degradation possibly leading to the loss of the 
windshield during flight. Also, water could leak into the cockpit 
and cause either a malfunction or failure of the electrical and 
electronics systems in the area of the cockpit instrument panels.
* * * * *

Compliance

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

Actions

    (g) Within 6,000 flight hours or 36 months after the effective 
date of this AD, whichever occurs first, install a drain system in 
the cockpit windshield lower frames, and do all applicable related 
investigative and corrective actions, in accordance With the 
Accomplishment Instructions of Bombardier Service Bulletin 8-53-78, 
Revision C, dated April 29, 2010 (for Model DHC-8-102, -103, -106, -
201, -202, -301, -311, and -315 airplanes); or 84-53-43, dated April 
27, 2010 (for Model DHC-8-401 and -402 airplanes); except where the 
service bulletins state to contact the manufacturer, contact the New 
York Aircraft Certification Office or Transport Canada Civil 
Aviation (TCCA) or its delegated agent. Do all applicable related 
investigative and corrective actions before further flight.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (h) For Models DHC-8-102, -103, -106, -201, -202, -301, -311, 
and -315 airplanes: Modification of the drain system is also 
acceptable for compliance with the requirements of paragraph (g) of 
this AD, if done before the effective date of this AD, in accordance 
with Bombardier Service Bulletin 8-53-78, dated December 23, 1999; 
Revision A, dated June 7, 2001; or Revision B, dated May 2, 2002.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, ANE-170, FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. Send information to ATTN: Program Manager, 
Continuing Operational Safety, FAA, New York ACO, 1600 Stewart 
Avenue, Suite 410, Westbury, New York 11590; telephone 516-228-7300; 
fax 516-794-5531. Before using any approved AMOC on any airplane to 
which the AMOC applies, notify your principal maintenance inspector 
(PMI) or principal avionics inspector (PAI), as appropriate, or 
lacking a principal inspector, your local Flight Standards District 
Office. The AMOC approval letter must specifically reference this 
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave., 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Related Information

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2010-16, 
dated May 18, 2010; Bombardier Service Bulletin 8-53-78, Revision C, 
dated April 29, 2010; and Bombardier Service Bulletin 84-53-43, 
dated April 27, 2010; for related information.

    Issued in Renton, Washington, on November 15, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-29448 Filed 11-22-10; 8:45 am]
BILLING CODE 4910-13-P


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