[Federal Register: December 2, 2002 (Volume 67, Number 231)]
[Proposed Rules]
[Page 71503-71505]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de02-32]
[[Page 71503]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-109-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model DHC-8-102, -103, and -
106 Airplanes; Model DHC-8-201 and -202 Airplanes; and Model DHC-8-301,
-311, and -315 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Bombardier airplanes. This
proposal would require replacement of the elevator stop bumpers of the
horizontal stabilizer with new bumpers. This action is necessary to
prevent damage to the elevator trailing edge due to a broken or missing
elevator stop bumper, which could result in jamming of the spring tab
and consequent reduced controllability of the airplane. This action is
intended to address the identified unsafe condition.
DATES: Comments must be received by January 2, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-109-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 via fax or the Internet must
contain ``Docket No. 2001-NM-109-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 for Windows 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 Federal Aviation Administration
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, New York Aircraft Certification
Office, 10 Fifth Street, Third Floor, Valley Stream, New York 11581.
FOR FURTHER INFORMATION CONTACT: Serge Napoleon, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New
York 11581; telephone (516) 256-7512; 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-109-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-109-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The FAA has received a report indicating that an elevator trim
problem was detected on a Model DHC-8-100 series airplane due to a
broken or missing elevator stop bumper. Investigation revealed that the
damaged elevator was bent into the elevator spring tab, which resulted
in the trim problem. Further investigation revealed that a broken or
missing elevator stop bumper could lead to elevator over-travel and
damage to the elevator trailing edge if the elevator impacts the top
portion of the rudder. The damaged elevator could then cause the spring
tab to jam.
As a result of these findings, we informed Transport Canada Civil
Aviation (TCCA), which is the airworthiness authority for Canada, that
an unsafe condition may exist on Bombardier Model DHC-8 series
airplanes. The subject components on certain Bombardier Model DHC-8-200
and -300 series airplanes are identical to those on the affected Model
DHC-8-100 series airplane. Therefore, all of these airplanes may be
subject to the same unsafe condition.
Explanation of Relevant Service Information
Bombardier has issued service information that describes procedures
for replacing the left and right upper and lower elevator stop bumpers.
The following table lists the service information for the specified
airplane models:
------------------------------------------------------------------------
de Havilland Inc.
Temporary Revisions
(TRs), Task Nos. 2730/
22, all dated November
Model DHC-8 series Product support 6, 2000, of the
airplanes-- manuals (PSMs)-- Airworthiness
Limitations Lists
(AWLs) of the DHC-8
Maintenance Program
Manual--
------------------------------------------------------------------------
-100.................... PSM 1-8-7............. TR AWL-77
-200.................... PSM 1-82-7............ TR AWL 2-20
-300.................... PSM 1-83-7............ TR AWL 3-84
------------------------------------------------------------------------
[[Page 71504]]
Accomplishment of the actions specified in the service information
is intended to adequately address the identified unsafe condition.
TCCA classified this service information as mandatory and issued
Canadian airworthiness directive CF-2001-08, dated February 7, 2001, in
order to assure the continued airworthiness of these airplanes in
Canada.
FAA's Conclusions
These airplane models are manufactured in Canada and are 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 previously. 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 information described previously,
except as discussed below.
Differences Between the Proposed Rule and Canadian AD/Service
Information
Operators should note the following differences:
[sbull] Although the Canadian airworthiness directive includes
Bombardier Model DHC-8-314 airplanes, the applicability of this
proposed rule does not include that airplane model, because it is not
included on the most recent type certificate data sheet for the
affected models. In addition, TCCA has confirmed that Model DHC-8-314
airplanes are not certified for operation in the United States.
[sbull] The Canadian airworthiness directive only specifies
``replacing'' the elevator stop bumpers, and the procedures in the
previously referenced TRs only specify ``discarding'' the bumpers.
However, we have determined that it is necessary for this proposed rule
to require replacement of the elevator stop bumpers with new bumpers.
After contacting TCCA regarding this, they have agreed that it is
appropriate to specify replacement with a new bumper, provided that it
has the same part number as the existing bumper. Paragraph (a) of this
proposed rule specifies such replacement action.
Interim Action
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
Cost Impact
The FAA estimates that 195 Bombardier Model DHC-8-102, -103, and -
106 airplanes; Model DHC-8-201 and -202 airplanes; and Model DHC-8-301,
-311, and -315 airplanes; of U.S. registry would be affected by this
proposed AD, that it would take approximately 2 work hours per airplane
to accomplish the proposed actions, and that the average labor rate is
$60 per work hour. Based on these figures, the cost impact of the
proposed AD on U.S. operators is estimated to be $23,400, or $120 per
airplane.
The cost impact figure discussed above is 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-109-
AD.
Applicability: Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 airplanes; certificated in any category; serial
numbers 003 and subsequent.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent damage to the elevator trailing edge due to a broken
or missing elevator stop bumper, which could result in jamming of
the spring tab and consequent reduced controllability of the
airplane, accomplish the following:
Replacement
(a) At the time specified in paragraph (a)(1) or (a)(2) of this
AD, as applicable, and thereafter at intervals not to exceed 12,000
flight hours or 5 years since the last replacement, whichever occurs
earlier, replace the left and right upper and lower elevator stop
bumpers of the horizontal stabilizer with new bumpers having the
same part numbers as the existing bumpers, per the applicable
service information listed in the following table:
[[Page 71505]]
------------------------------------------------------------------------
de Havilland Inc.
temporary revisions
(TRs), task Nos. 2730/
22, all dated November
Model DHC-8 series Product support 6, 2000, of the
airplaines-- manuals (PSMs)-- airplanes limitations
lists (AWLs) of the
DHC-8 maintenance
program manual--
------------------------------------------------------------------------
-100.................... PSM 1-8-7............. TR AWL-77
-200.................... PSM 1-82-7............ TR AWL 2-20
-300.................... PSM 1-83-7............ TR AWL 3-84
------------------------------------------------------------------------
(1) For airplanes that have accumulated 11,000 total flight
hours or fewer as of the effective date of this AD: Prior to the
accumulation of 12,000 total flight hours or within 5 years after
the effective date of this AD, whichever occurs earlier.
(2) For airplanes that have accumulated more than 11,000 total
flight hours as of the effective date of this AD: Within 1,000
flight hours or 6 months after the effective date of this AD,
whichever occurs earlier.
Alternative Methods of Compliance
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, New York Aircraft Certification
Office (ACO), FAA. Operators shall submit their requests through an
appropriate FAA Principal Maintenance Inspector, who may add
comments and then send it to the Manager, New York ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the New York ACO.
Special Flight Permits
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Note 3: The subject of this AD is addressed in Canadian
airworthiness directive CF-2001-08, dated February 7, 2001.
Issued in Renton, Washington, on November 20, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 02-30347 Filed 11-29-02; 8:45 am]
BILLING CODE 4910-13-P