54316 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Hamburger Flugzeugbau G.m.b.H.: Docket 

No. FAA–2005–22401; Directorate 

Identifier 2004–NM–93–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

must receive comments on this AD action by 

October 14, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Hamburger 

Flugzeugbau Model HFB 320 HANSA 

airplanes, certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by a report that 

all airplanes in operation might have met or 

exceeded the designed life limit for the 

primary structure. We are issuing this AD to 

prevent continued operation of an airplane 

beyond its designed life limit for the primary 

structure, which could result in reduced 

structural integrity 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. 

Airworthiness Limitations Revision 

(f) Within 30 days after the effective date 

of this AD: Revise the Limitations section of 

the Airplane Flight Manual (AFM) to state 

the following (or insert a copy of this AD into 

the limitations section): 

Do not operate the airplane beyond 15,000 

total flight cycles, or 15,000 total flight hours, 

whichever occurs first. 

(g) This limitation may be removed from 

the AFM after the Manager, International 

Branch, ANM–116, FAA, approves analysis 

that would substantiate continued safe 

operation beyond the designed life limit of 

15,000 total flight cycles, or within 15,000 

total flight hours on the airplane, whichever 

occurs first. 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, International Branch, 

ANM–116, has the authority to approve 

AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

Related Information 

(i) German airworthiness directive 2002–

158, dated October 3, 2002, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on 

September 6, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–18210 Filed 9–13–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20403; Directorate 

Identifier 2005–NM–144–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). 

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 an inspection of the 

laminated shims for cracks, damage, or 

extrusion between the forward 

attachment fittings of the horizontal 

stabilizer and the top rib of the vertical 

stabilizer; a torque check of the 

attachment bolts in the attachment 

fittings of the front, middle, and rear 

spars; and corrective actions if 

necessary. This proposed AD results 

from a report indicating that 

delaminated shims extruded from the 

interface between the forward attaching 

fittings of horizontal stabilizer and the 

top rib of the vertical stabilizer, and that 

inadequate torque values of some bolts 

were found. We are proposing this AD 

to prevent reduced structural integrity 

of the horizontal stabilizer, and 

consequent loss of controllability of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by October 14, 2005. 

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) 256–7525; 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–2005–20403; Directorate 

Identifier 2005–NM–144–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. 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 54317 

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 

delaminated shims extruded from the 

interface between the forward attaching 

fittings of horizontal stabilizer and the 

top rib of the vertical stabilizer. In 

addition, during removal of the 

horizontal stabilizer for replacing the 

laminated shims with solid shims, 

inadequate torque values of some bolts 

at the six attachment locations (two 

each at the front, middle, and rear spars) 

were found on some airplanes. This can 

cause increased load on the bolts and 

consequent reduction in fatigue life of 

the bolts. These conditions, if not 

corrected, could result in reduced 

structural integrity of the horizontal 

stabilizer, and consequent loss of 

controllability of the airplane. 

Relevant Service Information 

Bombardier has issued Service 

Bulletin 84–55–02, Revision ‘‘A,’’ dated 

January 12, 2005. The service bulletin 

describes doing the following 

procedures: 

• A detailed inspection of the 

laminated shims for cracks, damage, or 

extrusion between the forward 

attachment fittings of the horizontal 

stabilizer and the top rib of the vertical 

stabilizers; 

• A breakaway torque check of the six 

attachment bolts in the attachment 

fittings of the front, middle, and rear 

spars; and 

• Corrective actions if necessary. The 

corrective actions include replacing the 

laminated shims, between the forward 

attachment fittings of the horizontal 

stabilizer and the top rib of the vertical 

stabilizer, with solid shims and 

replacing the corresponding barrel nut 

and retainer with new parts. 

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–2005–07, 

issued March 21, 2005, to ensure the 

continued airworthiness of these 

airplanes in Canada. 

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 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 the service 

information described previously, 

except as discussed under ‘‘Difference 

Between the Proposed AD and the 

Service Bulletin.’’

Difference Between the Proposed AD 

and Service Bulletin 

Operators should note that, although 

the Accomplishment Instructions of the 

referenced service bulletin describe 

procedures for submitting a sheet 

recording torque values to the airplane 

manufacturer, this proposed AD would 

not require that action. We do not need 

this information from operators. 

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 Average labor 

rate per hour Parts Cost per airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Detailed inspection and torque 

check.

2 $65 None .......................... $130 19 $2,470 

Replacement ................................ 30 65 Free of charge ........... 1,950 19 37,050 

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 

54318 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Proposed Rules 

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. 

§ 39.13 [Amended] 

2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Bombardier, Inc. (Formerly de Havilland, 

Inc.): Docket No. FAA–2005–20403; 

Directorate Identifier 2005–NM–144–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by October 14, 2005. 

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 4081 inclusive. 

Unsafe Condition 

(d) This AD results from a report indicating 

that laminated shims were delaminated and 

extruded from the interface between the 

forward attaching fittings of horizontal 

stabilizer and the top rib of the vertical 

stabilizer, and that inadequate torque values 

of some bolts were found. We are issuing this 

AD to prevent reduced structural integrity of 

the horizontal stabilizer, and consequent loss 

of controllability 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 Information 

(f) The term ‘‘service bulletin,’’ as used in 

this AD, means the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–55–02, Revision ‘A,’ dated January 12, 

2005. 

(g) Accomplishing a detailed inspection, a 

breakaway torque check, and corrective 

actions if necessary before the effective date 

of this AD in accordance with Bombardier 

Service Bulletin 84–55–02, dated December 

11, 2003, is acceptable for compliance with 

the corresponding requirements of this AD. 

(h) Accomplishing the repair before the 

effective date of this AD in accordance with 

the Bombardier repair drawings in Table 1 of 

this AD is acceptable for compliance with the 

requirements of this AD. 

TABLE 1.—REPAIR DRAWINGS

Bombardier 

repair drawing 

RD 

issue Dated 

RD 8/4–55–083 3 April 16, 2003. 

RD 8/4–55–084 1 May 5, 2003. 

RD 8/4–55–089 2 June 6, 2003. 

RD 8/4–55–090 3 August 26, 

2003. 

RD 8/4–55–093 2 June 20, 2003. 

RD 8/4–55–094 3 September 4, 

2003. 

RD 8/4–55–106 2 July 31, 2003. 

RD 8/4–55–110 3 October 1, 2003. 

RD 8/4–55–138 1 October 29, 

2003. 

Detailed Inspection and Torque Check 

(i) Within 4,000 flight hours after the 

effective date of this AD, do the actions 

specified in paragraphs (i)(1) and (i)(2) of this 

AD in accordance with Part A of the service 

bulletin. 

(1) Do a detailed inspection of the 

laminated shims for cracks, damage, or 

extrusion between the forward attachment 

fittings of the horizontal stabilizer and the 

top rib of the vertical stabilizer. 

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

(2) Do a breakaway torque check of the six 

attachment bolts in the attachment fittings of 

the front, middle, and rear spars. 

Corrective Actions 

(j) If, during the inspection required by 

paragraph (i)(1) of this AD, any cracked, 

damaged, or extruded laminated shim is 

found, before further flight, replace the 

discrepant laminated shim with a solid shim, 

and replace the attachment bolts, barrel nuts, 

and retainers of both front spars with new 

parts, in accordance with Parts A and B of 

the service bulletin. 

(k) If, during the torque check required by 

paragraph (i)(2) of this AD, any attachment 

bolt is found with a breakaway torque value 

outside the limits specified in the service 

bulletin, before further flight, replace the 

attachment bolt and its corresponding barrel 

nut and retainer with new parts, in 

accordance with Part A of the service 

bulletin. 

Replacement of Laminated Shims 

(l) Within 8,000 flight hours after the 

effective date of this AD, unless previously 

accomplished in accordance with paragraph 

(j) of this AD, replace the laminated shims, 

between the forward attachment fittings of 

the horizontal stabilizer and the top rib of the 

vertical stabilizer, with solid shims and 

replace the corresponding barrel nut and 

retainer with new parts, in accordance with 

Part B of the service bulletin. 

No Reporting 

(m) Although the service bulletin 

referenced in this AD specifies to submit 

certain information to the manufacturer, this 

AD does not include that requirement. 

Alternative Methods of Compliance 

(AMOCs) 

(n) 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 

(o) Canadian airworthiness directive CF–

2005–07, issued March 21, 2005, also 

addresses the subject of this AD. 

Issued in Renton, Washington, on 

September 6, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–18208 Filed 9–13–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20402; Directorate 

Identifier 2005–NM–133–AD] 

RIN 2120–AA64 

Airworthiness Directives; Sabreliner 

Model NA–265, NA–265–20, NA–265–

30, NA–265–40, NA–265–50, NA–265–

60, NA–265–65, NA–265–70, and NA–

265–80 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to certain 

Sabreliner Model NA–265–40, NA–265–

50, NA–265–60, NA–265–70, and NA–

265–80 series airplanes. The existing 

AD currently requires repetitive 

inspections for discrepancies in the 

front and rear spars of the wing in the 

area of the wing center section, and in 

the lugs on the rear spar and wing 

trailing edge panel rib, and corrective 

actions if necessary. This proposed AD 

would expand the applicability of the 

existing AD and require new repetitive 

inspections for fuel leaks of the front