[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27051]


[[Page Unknown]]

[Federal Register: November 15, 1994]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 93-NM-206-AD; Amendment 39-9060; AD 94-22-10]

 

Airworthiness Directives; de Havilland Model DHC-8-100 and DHC-8-
300 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain de Havilland Model DHC-8-100 and DHC-8-300 series 
airplanes, that requires a revision to the Airplane Flight Manual (AFM) 
to advise flight crew members that certain cockpit indications may 
reveal faulty anti-collision strobe light units, and to provide 
procedures for subsequent flight crew action. This amendment also 
requires a modification that eliminates the need for the AFM revision. 
This amendment is prompted by reports that the function of the 
proximity switch electronics unit (PSEU) may be adversely affected 
during operation of the white anti-collision lights. The actions 
specified by this AD are intended to ensure correct operation of the 
PSEU and its associated systems.

DATES: Effective December 15, 1994.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 15, 1994.

ADDRESSES: The service information referenced in this AD may be 
obtained from de Havilland, Inc., 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, 
Engine and Propeller Directorate, New York Aircraft Certification 
Office, 181 South Franklin Avenue, room 202, Valley Stream, New York; 
or at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Michele Maurer, Aerospace Engineer, 
Systems and Equipment Branch, ANE-173, New York Aircraft Certification 
Office, FAA, Engine and Propeller Directorate, 181 South Franklin 
Avenue, room 202, Valley Stream, New York 11581; telephone (516) 791-
6427; fax (516) 791-9024.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain de Havilland Model DHC-8-
100 and DHC-8-300 series airplanes was published in the Federal 
Register on APRIL 4, 1994 (59 FR 15873). That action proposed to 
require a revision to the Airplane Flight Manual (AFM) to advise flight 
crew members that certain cockpit indications may reveal faulty anti-
collision strobe light units, and to provide procedures for subsequent 
flight crew action. It also proposed to require a modification that 
eliminates the need for the AFM revision.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter supports the proposal.
    Another commenter requests that the proposal be revised to permit 
accomplishment of the modification in accordance with later revisions 
of the referenced service bulletin that may be approved in the future 
by Transport Canada. The commenter states that this would allow 
operators to use the most current information when performing the 
required modification. The FAA does not concur. To include the phrase, 
``or later approved revisions,'' in an AD when referring to a service 
bulletin, violates Office of the Federal Register (OFR) regulations 
regarding approval of materials that are ``incorporated by reference'' 
in rules. In general terms, these OFR regulations require that either 
the service document contents be published as part of the actual AD 
language, or that the service document be submitted for approval by the 
OFR as ``referenced'' material, in which case it may be only referred 
to in the text of an AD. The AD may only refer to the service document 
that was actually submitted and approved by the OFR for ``incorporation 
by reference.'' In order for operators to use later revisions of the 
referenced document (issued after the publication of the AD), either 
the AD must be revised to reference the specific later revisions, or 
operators must request the approval of them as an alternative method of 
compliance with this AD [under the provisions of paragraph (d)].
    This same commenter suggests that the proposal be revised to make 
only the replacement of the power supplies mandatory, not the 
replacement of the strobe light assemblies. The commenter points out 
that Modification 8/1273, as would be required by proposed paragraph 
(c), requires that both the currently-installed strobe light assembly 
and power supply be replaced with a Whelen strobe light assembly and 
power supply. The commenter states that (1) the addressed unsafe 
condition is known to be caused by a capacitor failure in the Grimes 
power supply only, not in the Grimes strobe light assemblies; and (2) 
the Whelen power supplies work in conjunction with the Grimes strobe 
light assemblies. Therefore, the commenter reasons that only the 
replacement of the Grimes power supply is necessary to correct the 
unsafe condition, and that the replacement of the light assemblies 
should be at the operator's discretion. The FAA does not concur. Both 
the Grimes and Whelen anti-collision light systems (including both the 
power supply and strobe light assembly) are approved under individual 
Technical Standard Orders (TSO), for which de Havilland has compliance 
data approved only for the installation of each as an individual 
system; currently, there is no compliance data approved for 
installation of a ``mixed system'' (i.e., Whelen power supplies with 
Grimes strobe light assemblies, or vice versa). In light of this, the 
FAA has determined that the complete Grimes system (including both the 
power supply and the strobe light assembly) must be replaced with a 
complete Whelen system.
    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.
    The FAA estimates that 74 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 16 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $55 per work hour. Required parts for installation of 
Modification 8/1273 at all three locations will cost approximately 
$1,397 per airplane. Based on these figures, the total cost impact of 
the AD on U.S. operators is estimated to be $168,498, or $2,277 per 
airplane.
    The total cost impact figure discussed above is based on 
assumptions that no operator has yet accomplished any of the 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.
    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

94-22-10 de Havilland, Inc.: Amendment 39-9060. Docket 93-NM-206-AD.

    Applicability: Model DHC-8-102, -103, -302, and -311 series 
airplanes, serial numbers 003 through 214 inclusive; on which 
Modification 8/1273 (as described in de Havilland Service Bulletin 
S/B No. 8-33-19, Revision `A', dated May 31, 1993) has not been 
accomplished; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure correct operation of the proximity switch electronics 
unit (PSEU) and its associated systems, accomplish the following:
    (a) Within 30 days after the effective date of this AD, revise 
the Limitations Section of the FAA-approved Airplane Flight Manual 
(AFM) to include the following statement. This may be accomplished 
by inserting a copy of this AD into the AFM.
    ``The electrical power supplies for the white anti-collision 
lights may fail and cause the following abnormalities:
--flashing of the landing gear green locked down advisory lights 
during cruise;
--fluctuation of cabin pressurization rate needle during cruise; and
--retraction and extension of roll and ground spoilers during ground 
operation.
    The failure may also result in loss of nose landing gear 
steering subsequent to landing, and loss of wheel brakes below 35-40 
knots.
    If any of these abnormal indications are observed, select A/COL 
light switch-RED. Leave the switch in this position for the 
remainder of the flight.''
    (b) If the flight crew reports the occurrence of any of the 
cockpit indications stated in paragraph (a) of this AD: Prior to the 
next flight, perform the maintenance procedures to confirm and 
isolate the faulty power supply unit, in accordance with paragraph 
III., Part B, Accomplishment Instructions of de Havilland Alert 
Service Bulletin S.B. A8-33-33, dated May 31, 1993.
    (1) If any power supply unit is determined to be faulty, prior 
to further flight, replace the unit with a new or serviceable 
``Grimes'' unit or a new ``Whelen'' system in accordance with the 
alert service bulletin.
    (2) If the specific unit causing the faults cannot be 
determined, prior to further flight, replace all three units with 
new or serviceable ``Grimes'' units or a new ``Whelen'' system in 
accordance with the alert service bulletin. Installation of a new 
``Whelen'' system at all three locations constitutes terminating 
action for the requirements of this AD, and after installation, the 
AFM revision required by paragraph (a) of this AD may be removed.
    (c) Within 6 months after the effective date of this AD, install 
Modification 8/1273 (which entails replacement of the existing anti-
collision strobe lights, brackets, and power supplies with the `` 
`Whelen' Anti-Collision Strobe Light System'') at all three 
locations, in accordance with de Havilland Service Bulletin S/B No. 
8-33-19, Revision ``A'', dated May 31, 1993. Following installation, 
the AFM revision required by paragraph (a) of this AD may be 
removed.
    (d) 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), ANE-170, FAA, Engine and Propeller Directorate. 
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: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York ACO.
    (e) 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.
    (f) The actions shall be done in accordance with de Havilland 
Alert Service Bulletin S.B. A8-33-33, dated May 31, 1993; and de 
Havilland Service Bulletin S/B No. 8-33-19, Revision ``A'', dated 
May 31, 1993; as applicable. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from de 
Havilland, Inc., Garratt Boulevard, Downsview, Ontario M3K 1Y5, 
Canada. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
FAA, Engine and Propeller Directorate, New York Aircraft 
Certification Office, 181 South Franklin Avenue, Room 202, Valley 
Stream, New York; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.
    (g) This amendment becomes effective on December 15, 1994.

    Issued in Renton, Washington, on October 26, 1994.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 94-27051 Filed 11-14-94; 8:45 am]
BILLING CODE 4910-13-U