[Federal Register: May 23, 2003 (Volume 68, Number 100)]
[Proposed Rules]
[Page 28177-28179]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my03-29]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-391-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106,
-201, -202, -301, -311, and -315 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Bombardier Model DHC-8-
102, -103, -106, -201, -202, -301, -311, and -315 airplanes. This
proposal would require modification of the No. 3 electrical equipment
panel behind the avionics rack, and modification of the No. 2 propeller
de-ice timer. This action is necessary to prevent incorrect altitude
information transmitted by the Mode S transponder and simultaneous loss
of the Traffic Alert and Collision Avoidance System (TCAS), and
increasing the possibility of an air traffic conflict. This action is
intended to address the identified unsafe condition.
DATES: Comments must be received by June 23, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-391-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent
[[Page 28178]]
via fax or the Internet must contain ``Docket No. 2001-NM-391-AD'' in
the subject line and need not be submitted in triplicate. Comments sent
via the Internet as attached electronic files must be formatted in
Microsoft Word 97 or 2000 or ASCII text.
The service information referenced in the proposed rule may be
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division,
123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada. This
information may be examined at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, New York
Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley
Stream, New York.
FOR FURTHER INFORMATION CONTACT: Douglas G. Wagner, Aerospace Engineer,
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New
York 11581; telephone (516) 256-7506; fax (516) 568-2716.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2001-NM-391-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2001-NM-391-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
Transport Canada Civil Aviation (TCCA), which is the airworthiness
authority for Canada, notified the FAA that an unsafe condition may
exist on certain Bombardier Model DHC-8-102, -103, -106, -201, -202, -
301, -311, and -315 airplanes. TCCA advises of two reports of chafing
of the wire bundle containing altitude encoding information on the No.
2 propeller de-ice timer. This condition, if not corrected, could
result in incorrect altitude information transmitted by the Mode S
transponder and simultaneous loss of the Traffic Alert and Collision
Avoidance System (TCAS), and increasing the possibility of an air
traffic conflict.
Explanation of Relevant Service Information
Bombardier has issued Service Bulletin 8-34-200, dated June 26,
2001, which describes procedures for modifying the No. 3 electrical
equipment panel behind the avionics rack. The modification includes
changing the spacer lengths for the installation of the propeller timer
units and the main harness run, and securing the wiring and harness in
close proximity by installing 5 tie wraps to avoid fouling conditions.
Bombardier also has issued Service Bulletin 8-30-36, dated July 13,
2000, which describes procedures for modification of the No. 2
propeller de-ice timer to ensure adequate clearance from adjacent wire
runs. The modification involves replacing the existing spacers that
support the No. 2 propeller de-ice timer with shorter spacers. This
will increase the gap between the timer and the avionics cable and
prevent fouling conditions.
Accomplishment of the actions specified in the service bulletins is
intended to adequately address the identified unsafe condition. TCCA
classified these service bulletins as mandatory and issued Canadian
airworthiness directive CF-2001-38, dated October 11, 2001, to ensure
the continued airworthiness of these airplanes in Canada.
FAA's Conclusions
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. The FAA has examined the findings of
TCCA, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletins described previously.
The actions would be required to be accomplished in accordance with the
service bulletins described previously.
Changes to 14 CFR Part 39/Effect on the Proposed AD
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness
directives system. The regulation now includes material that relates to
altered products, special flight permits, and alternative methods of
compliance. Because we have now included this material in part 39, we
no longer need to include it in each individual AD.
Cost Impact
The FAA estimates that 197 Model DHC-8-102, -103, -106, -201, -202,
-301, -311, and -315 airplanes of U.S. registry would be affected by
this proposed AD.
It would take approximately 4 work hours per airplane to accomplish
the proposed modification of the No. 3 electrical equipment panel
behind the avionics rack, at an average labor rate of $60 per work
hour. The cost for required parts would be minimal. Based on these
figures, the cost impact of this proposed modification on U.S.
operators is estimated to be $47,280, or $240 per airplane.
[[Page 28179]]
It would take approximately 2 work hours per airplane to accomplish
the proposed modification of the No. 2 propeller de-ice timer, at an
average labor rate of $60 per work hour. The cost for required parts
would be minimal. Based on these figures, the cost impact of this
proposed modification on U.S. operators is estimated to be $23,640, or
$120 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed requirements
of this AD action, and that no operator would accomplish those actions
in the future if this AD were not adopted. The cost impact figures
discussed in AD rulemaking actions represent only the time necessary to
perform the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
Bombardier, Inc. (Formerly de Havilland, Inc.): Docket 2001-NM-391-
AD.
Applicability: Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 airplanes; certificated in any category; having serial
numbers 003 through 559 inclusive.
Compliance: Required as indicated, unless accomplished
previously.
To prevent incorrect altitude information transmitted by the
Mode S transponder and simultaneous loss of the Traffic Alert and
Collision Avoidance System (TCAS), and increasing the possibility of
an air traffic conflict, accomplish the following:
Modifications
(a) Within 6 months after the effective date of this AD,
accomplish the actions specified in paragraphs (a)(1) and (a)(2) of
this AD.
(1) Modify the No. 3 electrical equipment panel behind the
avionics rack (including changing the spacer lengths for the
installation of the propeller timer units and the main harness run,
and securing the wiring and harness in close proximity by installing
5 tie wraps to avoid fouling conditions) per Bombardier Service
Bulletin 8-34-200, dated June 26, 2001.
(2) Modify the No. 2 propeller de-ice timer (including replacing
the existing spacers that support the timer with shorter spacers)
per Bombardier Service Bulletin 8-30-36, dated July 13, 2000.
Alternative Methods of Compliance
(b) In accordance with 14 CFR 39.19, the Manager, New York
Aircraft Certification Office (ACO), FAA, is authorized to approve
alternative methods of compliance for this AD.
Note 1: The subject of this AD is addressed in Canadian
airworthiness directive CF-2001-38, dated October 11, 2001.
Issued in Renton, Washington, on May 19, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-12964 Filed 5-22-03; 8:45 am]
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