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56070 Federal Register / Vol. 71, No.

186 / Tuesday, September 26, 2006 / Proposed Rules

Issued in Renton, Washington, on and follow the instructions for sending Federal holidays. The Docket
September 14, 2006. your comments electronically. Management Facility office (telephone
Kalene C. Yanamura, • Mail: Docket Management Facility; (800) 647–5227) is located on the plaza
Acting Manager, Transport Airplane U.S. Department of Transportation, 400 level of the Nassif Building at the DOT
Directorate, Aircraft Certification Service. Seventh Street, SW., Nassif Building, street address stated in the ADDRESSES
[FR Doc. 06–8232 Filed 9–25–06; 8:45 am] Room PL–401, Washington, DC 20590. section. Comments will be available in
BILLING CODE 4910–13–P • Fax: (202) 493–2251. the AD docket shortly after the Docket
• Hand Delivery: Room PL–401 on Management System receives them.
the plaza level of the Nassif Building, Discussion
DEPARTMENT OF TRANSPORTATION 400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday On March 30, 1999, we issued AD 99–
Federal Aviation Administration through Friday, except Federal holidays. 08–04, amendment 39–11109 (64 FR
Contact Bombardier, Inc., Bombardier 16803, April 7, 1999), for certain
14 CFR Part 39 Regional Aircraft Division, 123 Garratt Bombardier Model DHC–8–100, –200,
Boulevard, Downsview, Ontario M3K and –300 series airplanes. That AD
[Docket No. FAA–2006–25904; Directorate requires modification of the flight
1Y5, Canada, for service information
Identifier 2006–NM–077–AD] compartment door; repetitive
identified in this proposed AD.
inspections for wear of the flight
RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: Ezra
compartment door hinges following
Sasson, Aerospace Engineer, Systems modification; and repair or replacement
Airworthiness Directives; Bombardier and Flight Test Branch, ANE–172, FAA,
Model DHC–8–100, –200, and –300 of the hinges with new hinges, if
New York Aircraft Certification Office, necessary. That AD resulted from a
Series Airplanes 1600 Stewart Avenue, Suite 410, report that the door lock mechanism of
Westbury, New York 11590; telephone the flight compartment door jammed
AGENCY: Federal Aviation
(516) 228–7320; fax (516) 794–5531. and could not be opened using the
Administration (FAA), Department of
Transportation (DOT). SUPPLEMENTARY INFORMATION: alternate release mechanism. We issued
ACTION: Notice of proposed rulemaking Comments Invited that AD to prevent failure of the
(NPRM). alternate release mechanism of the flight
We invite you to submit any relevant compartment door, which could delay
SUMMARY: The FAA proposes to written data, views, or arguments or impede the evacuation of the
supersede an existing airworthiness regarding this proposed AD. Send your flightcrew during an emergency. This
directive (AD) that applies to certain comments to an address listed in the failure also could result in the
Bombardier Model DHC–8–100, –200, ADDRESSES section. Include the docket flightcrew not being able to assist
and –300 series airplanes. The existing number ‘‘Docket No. FAA–2006–25904; passengers in the event of an
AD currently requires modification of Directorate Identifier 2006–NM–077– emergency.
the flight compartment door; repetitive AD’’ at the beginning of your comments.
We specifically invite comments on the Actions Since Existing AD Was Issued
inspections for wear of the flight
compartment door hinges following overall regulatory, economic, Since we issued AD 99–08–04,
modification; and repair or replacement environmental, and energy aspects of various civil aviation authorities have
of the hinges with new hinges if the proposed AD. We will consider all mandated the installation of reinforced
necessary. This proposed AD would comments received by the closing date flight compartment doors, which
require using revised procedures for and may amend the proposed AD in negates the need for the modification
modifying and inspecting the flight light of those comments. required by paragraph (a) of the existing
compartment door and would reduce We will post all comments we AD (Modification 8/2337) for airplanes
the applicability of the existing AD. receive, without change, to http:// on which the doors were installed in
This proposed AD results from a dms.dot.gov, including any personal production. Modifications 8/2228, 8/
determination that certain cockpit doors information you provide. We will also 2229, 8/2231, 8/2232, 8Q100859,
are no longer subject to the existing post a report summarizing each 8Q900267, 8Q420101, 8Q420143,
requirements. We are proposing this AD substantive verbal contact with FAA 8Q200131, or 8Q420440 are equivalent
to prevent failure of the alternate release personnel concerning this proposed AD. to Modification 8/2337 (specified in
mechanism of the flight compartment Using the search function of that Web paragraph (a) of the existing AD) for the
door, which could delay or impede the site, anyone can find and read the flight compartment door alternate
evacuation of the flightcrew during an comments in any of our dockets, release mechanism. In addition,
emergency. This failure also could including the name of the individual Bombardier has issued revised
result in the flightcrew not being able to who sent the comment (or signed the procedures for modifying and
assist passengers in the event of an comment on behalf of an association, inspecting the flight compartment door.
emergency. business, labor union, etc.). You may
review the DOT’s complete Privacy Act Relevant Service Information
DATES: We must receive comments on Statement in the Federal Register Bombardier has issued Service
this proposed AD by October 26, 2006. published on April 11, 2000 (65 FR Bulletin 8–52–39, Revision ‘‘H,’’ dated
ADDRESSES: Use one of the following 19477–78), or you may visit http:// September 9, 2004. Revision ‘‘H’’ is
addresses to submit comments on this dms.dot.gov. similar to Revision ‘‘D,’’ dated February
proposed AD. 27, 1998, which was cited in the
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• DOT Docket Web site: Go to http:// Examining the Docket existing AD as the appropriate source of
dms.dot.gov and follow the instructions You may examine the AD docket on service information for accomplishing
for sending your comments the Internet at http://dms.dot.gov, or in the required actions. Among other
electronically. person at the Docket Management things, Revision ‘‘H’’ revises the
• Government-wide rulemaking Web Facility office between 9 a.m. and 5 procedures used for modifying and
site: Go to http://www.regulations.gov p.m., Monday through Friday, except inspecting the flight compartment door,

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Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Proposed Rules 56071

as specified in the original issue of dated February 4, 2000; or Revision G, air commerce by prescribing regulations
Bombardier Service Bulletin 8–52–39, dated May 17, 2001. for practices, methods, and procedures
dated October 31, 1996, and Revision the Administrator finds necessary for
Clarification of Alternative Method of
‘‘A,’’ of the service bulletin. In addition, safety in air commerce. This regulation
Compliance (AMOC) Paragraph
the effectivity specified in Revision ‘‘H’’ is within the scope of that authority
excludes airplanes on which new, We have revised this action to clarify because it addresses an unsafe condition
improved flight compartment doors the appropriate procedure for notifying that is likely to exist or develop on
have been installed in production. the principal inspector before using any products identified in this rulemaking
Transport Canada Civil Aviation approved AMOC on any airplane to action.
(TCCA), which is the airworthiness which the AMOC applies.
authority for Canada, mandated the Regulatory Findings
service information and issued Change to Existing AD
We have determined that this
Canadian airworthiness directive CF– This proposed AD would retain the proposed AD would not have federalism
1996–20R4, dated August 10, 2005, to requirements of AD 99–08–04. Since AD implications under Executive Order
ensure the continued airworthiness of 99–08–04 was issued, the AD format has 13132. This proposed AD would not
these airplanes in Canada. been revised, and certain paragraphs have a substantial direct effect on the
have been rearranged. As a result, the States, on the relationship between the
FAA’s Determination and Requirements
corresponding paragraph identifiers national Government and the States, or
of the Proposed AD
have changed in this proposed AD, as on the distribution of power and
These airplane models are listed in the following table: responsibilities among the various
manufactured in Canada and are type
levels of government.
certificated for operation in the United REVISED PARAGRAPH IDENTIFIERS
States under the provisions of section For the reasons discussed above, I
21.29 of the Federal Aviation Corresponding certify that the proposed regulation:
Requirement in AD
Regulations (14 CFR 21.29) and the 99–08–04 requirement in this 1. Is not a ‘‘significant regulatory
applicable bilateral airworthiness proposed AD action’’ under Executive Order 12866;
agreement. Pursuant to this bilateral 2. Is not a ‘‘significant rule’’ under the
paragraph (a) ............ paragraph (f).
airworthiness agreement, TCCA has paragraph (b) ............ paragraph (h). DOT Regulatory Policies and Procedures
kept the FAA informed of the situation paragraph (c) ............ paragraph (j). (44 FR 11034, February 26, 1979); and
described above. We have examined 3. Will not have a significant
TCCA’s findings, evaluated all pertinent Costs of Compliance economic impact, positive or negative,
information, and determined that AD on a substantial number of small entities
action is necessary for airplanes of this This proposed AD would affect about
167 airplanes of U.S. registry. The new under the criteria of the Regulatory
type design that are certificated for Flexibility Act.
operation in the United States. actions of this proposed AD add no
This proposed AD would supersede additional economic burden. The We prepared a regulatory evaluation
AD 99–08–04 and would retain the current costs for this AD are repeated for of the estimated costs to comply with
requirements of the existing AD, but the convenience of affected operators, as this proposed AD and placed it in the
would require using revised procedures. follows: AD docket. See the ADDRESSES section
This proposed AD would also reduce The modification takes about 4 work for a location to examine the regulatory
the applicability of the existing AD. hours per airplane, at an average labor evaluation.
Operators should note that Note 2 of rate of $80 per work hour. The List of Subjects in 14 CFR Part 39
AD 99–08–04 provides credit for manufacturer states that it will supply
modification of the flight compartment required parts to the operators at no Air transportation, Aircraft, Aviation
door in accordance with Bombardier cost. Based on these figures, the safety, Safety.
Service Bulletin S.B. 8–52–39, dated estimated cost of the modification is The Proposed Amendment
August 30, 1996; Revision ‘‘A,’’ dated $53,440, or $320 per airplane.
October 31, 1996; Revision ‘‘B,’’ dated The inspection takes about 2 work Accordingly, under the authority
July 4, 1997; or Revision ‘‘C,’’ dated hours per airplane, at an average labor delegated to me by the Administrator,
September 1, 1997; if the modification rate of $80 per work hour. Based on the FAA proposes to amend 14 CFR part
is done before the effective date of AD these figures, the estimated cost of the 39 as follows:
99–08–04. However, we have inspection is $26,720, or $160 per
determined that the modification and airplane, per inspection cycle. PART 39—AIRWORTHINESS
inspection procedures specified in the DIRECTIVES
Authority for This Rulemaking
original issue and Revision ‘‘A,’’ of the
Title 49 of the United States Code 1. The authority citation for part 39
service bulletin are not adequate due to
specifies the FAA’s authority to issue continues to read as follows:
a design deficiency detected after
issuance of those service bulletins. rules on aviation safety. Subtitle I, Authority: 49 U.S.C. 106(g), 40113, 44701.
TCCA agrees with this finding. Section 106, describes the authority of
§ 39.13 [Amended]
Accordingly, we have re-identified the FAA Administrator. Subtitle VII,
Note 2 of the existing AD as paragraph Aviation Programs, describes in more 2. The Federal Aviation
(i) of this proposed AD for formatting detail the scope of the Agency’s Administration (FAA) amends § 39.13
reasons. In addition, we have revised authority. by removing amendment 39–11109 (64
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the content of the new paragraph (i) to We are issuing this rulemaking under FR 16803, April 7, 1999) and adding the
remove references to the original issue the authority described in Subtitle VII, following new airworthiness directive
and Revision ‘‘A’’ of the service Part A, Subpart III, Section 44701, (AD):
bulletin, and to provide credit for ‘‘General requirements.’’ Under that Bombardier, Inc. (Formerly de Havilland,
accomplishing the actions in Revision section, Congress charges the FAA with Inc.): Docket No. FAA–2006–25904;
‘‘E,’’ dated May 10, 1999; Revision ‘‘F,’’ promoting safe flight of civil aircraft in Directorate Identifier 2006–NM–077–AD.

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56072 Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Proposed Rules

Comments Due Date (2) If any wear is detected and its DEPARTMENT OF THE TREASURY
(a) The FAA must receive comments on dimension around the hinge pin holes is less
this AD action by October 26, 2006. than 0.050 inch and greater than 0.020 inch Internal Revenue Service
in depth, prior to further flight, perform the
Affected ADs
applicable corrective actions specified in the 26 CFR Part 1
(b) This AD supersedes AD 99–08–04. service bulletin. Repeat the inspection
Applicability thereafter at intervals not to exceed 800 flight [REG–140379–02; REG–142599–02]
(c) This AD applies to Bombardier Model hours.
DHC–8–100, –200 and –300 series airplanes, (3) If any wear is detected and its RIN 1545–BC07; 1545–BB23
certificated in any category; equipped with a dimension around the hinge pin holes is
flight compartment door installation having greater than or equal to 0.050 inch in depth, General Allocation and Accounting
part number (P/N) 82510074–(*), 82510294– prior to further flight, replace the worn Regulations Under Section 141
(*), 82510310–001, 8Z4597–001, H85250010– hinges with new hinges in accordance with
(*), 82510700–(*), or 82510704–(*); except P/ the service bulletin. Repeat the inspection AGENCY: Internal Revenue Service (IRS),
Ns 82510704–502 and 82510704–503. thereafter at intervals not to exceed 800 flight Treasury.
Note 1: (*) denotes all dash numbers. hours. ACTION: Notice of proposed rulemaking
Unsafe Condition Credit for Actions Accomplished Previously
and notice of public hearing.
(d) This AD results from a determination (i) Modifications and inspections done SUMMARY: This document contains
that certain cockpit doors are no longer
subject to the existing requirements. We are
before the effective date of this AD in proposed regulations on the allocation
issuing this AD to prevent failure of the accordance with Bombardier Service Bulletin of, and accounting for, tax-exempt bond
alternate release mechanism of the flight S.B. 8–52–39, Revision ‘‘B,’’ dated July 4, proceeds for purposes of the private
compartment door, which could delay or 1997; Revision ‘‘C,’’ dated September 1, 1997; activity bond restrictions that apply
impede the evacuation of the flightcrew Revision ‘‘E,’’ dated May 10, 1999; Revision under section 141 of the Internal
during an emergency. This failure also could ‘‘F,’’ dated February 4, 2000; or Revision G, Revenue Code (Code) and that apply in
result in the flightcrew not being able to dated May 17, 2001; are considered modified form to qualified 501(c)(3)
assist passengers in the event of an acceptable for compliance with the bonds under section 145 of the Code.
emergency. modification and inspections required by this The proposed regulations provide State
Compliance AD. and local governmental issuers of tax-
(e) You are responsible for having the Alternative Methods of Compliance exempt bonds with guidance for
actions required by this AD performed within (AMOCs) applying the private activity bond
the compliance times specified, unless the restrictions. This document also
actions have already been done. (j)(1) The Manager, New York Aircraft
Certification Office, FAA, has the authority to
provides notice of a public hearing on
Modification approve AMOCs for this AD, if requested in
these proposed regulations.
(f) Except as required by paragraph (g) of accordance with the procedures found in 14 DATES: Written or electronic comments
this AD: Within 90 days after May 12, 1999 CFR 39.19. must be received by December 26, 2006.
(the effective date of AD 99–08–04), modify (2) AMOCs approved previously in Requests to speak with outlines of
the lower hinge assembly and main door topics to be discussed at the public
accordance with AD 99–08–04 are approved
latch (Modification 8/2337) of the flight
compartment door, in accordance with as AMOCs for the corresponding provisions hearing scheduled for January 11, 2007,
Bombardier Service Bulletin S.B. 8–52–39, of paragraphs (f), (g), (h), and (i) of this AD. must be received by December 26, 2006.
Revision ‘‘D,’’ dated February 27, 1998; or (3) Before using any AMOC approved in ADDRESSES: Send submissions to:
Revision ‘‘H,’’ dated September 9, 2004. After accordance with § 39.19 on any airplane to CC:PA:LPD:PR (REG–140379–02; REG–
the effective date of this AD, only Revision which the AMOC applies, notify the 142599–02), room 5203, Internal
‘‘H’’ may be used for accomplishing the appropriate principal inspector in the FAA Revenue Service, PO Box 7604, Ben
modification. Flight Standards Certificate Holding District
(g) For airplanes on which the modification
Franklin Station, Washington, DC
Office. 20044. Submissions may be hand
required by paragraph (f) of this AD was done
before the effective date of this AD in Related Information delivered Monday through Friday
accordance with Bombardier Service Bulletin between the hours of 8 a.m. to 4:30 p.m.
S.B. 8–52–39, dated August 30, 1996; or (k) Canadian airworthiness directive CF–
to CC:PA:LPD:PR (REG–140379–02;
Revision ‘‘A,’’ dated October 31, 1996: 1996–20R4, dated August 10, 2005, also
REG–142599–02), Internal Revenue
Within 90 days after the effective date of this addresses the subject of this AD.
Service, Crystal Mall 4, 1941 Jefferson
AD, do the modification required by
Issued in Renton, Washington, on Davis Hwy., 1901 S. Bell St., room 108,
paragraph (f) of this AD in accordance with
Bombardier Service Bulletin 8–52–39, September 15, 2006. Arlington, Virginia 22202. Alternatively,
Revision ‘‘H,’’ dated September 9, 2004. Kalene C. Yanamura,
submissions may be made electronically
to the IRS Internet Site at www.irs.gov/
Inspection Acting Manager, Transport Airplane regs or via the Federal eRulemaking
(h) Within 800 flight hours after doing the Directorate, Aircraft Certification Service.
Portal at www.regulations.gov (IRS–
modification required by paragraph (g) of this [FR Doc. 06–8233 Filed 9–25–06; 8:45 am] REG–140379–02). The public hearing
AD: Inspect the hinge areas around the hinge BILLING CODE 4910–13–P will be held in the auditorium of the
pin holes of the flight compartment door for
wear in accordance with Bombardier Service New Carrollton Federal Building, 5000
Bulletin S.B. 8–52–39, Revision ‘‘D,’’ dated Ellin Rd., Lanham, Maryland 20706.
February 27, 1998; or Revision ‘‘H,’’ dated FOR FURTHER INFORMATION CONTACT:
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September 9, 2004. After the effective date of Concerning the proposed regulations,
this AD, only Revision ‘‘H’’ may be used for Johanna Som de Cerff (202) 622–3980;
accomplishing the inspection. concerning submissions and the
(1) If no wear is detected, or if the wear is
less than or equal to 0.020 inch in depth,
hearing, Kelly D. Banks, (202) 622–7180
repeat the inspection thereafter at intervals (not toll-free numbers).
not to exceed 800 flight hours. SUPPLEMENTARY INFORMATION:

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