[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3792-3793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1873]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-12-AD; Amendment 39-9506; AD 96-03-09]


Airworthiness Directives; De Havilland Model DHC-8-102, -103, -
106, -301, -311, -314, and -315 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 series airplanes, that 
requires modification of a certain battery temperature monitor. This 
amendment is prompted by reports of failure of the battery temperature 
monitor, which resulted in smoke in the flight compartment. The actions 
specified by this AD are intended to prevent failure of the battery 
monitor, which could result in smoke in the flight compartment.

DATES: Effective March 4, 1996. -
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 4, 1996.

ADDRESSES: The service information referenced in this AD may be 
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division, 
Garratt Boulevard, Downsview, Ontario, Canada M3K 1Y5. 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, 
Engine and Propeller Directorate, 10 Fifth Street, Third Floor, 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: Peter Cuneo, Electrical Engineer, ANE-
172, FAA, Engine and Propeller Directorate, 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: 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 
series airplanes was published in the Federal Register on February 21, 
1995 (60 FR 9647). That action proposed to require modification of a 
certain battery temperature monitor. -
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received. -
    The commenter supports the proposed rule. -
    Since issuance of the NPRM, Transport Canada Aviation has issued 
Canadian airworthiness directive CF-94-22R1, dated June 30, 1995, which 
revises the effectivity of the original version of the Canadian 
airworthiness directive by adding Model DHC-8-315 series airplanes. -
    The FAA has revised the applicability of the final rule to include 
these additional airplanes. These additional airplanes currently are 
operated by non-U.S. operators under foreign registry; therefore, they 
are not affected directly by this AD action. However, the FAA considers 
that the revision to the applicability of the rule is necessary to 
ensure that the unsafe condition is addressed in the event that these 
subject airplanes are imported and placed on the U.S. Register in the 
future. -
    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD. -
    The FAA estimates that 137 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. The cost of required parts will be nominal. 
Based on these figures, the cost impact of the AD on U.S. operators is 
estimated to be $8,220, or $60 per airplane. -
    The 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. 

[[Page 3793]]


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 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended] -

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

96-03-09 De Havilland, Inc.: Amendment 39-9506. Docket 95-NM-12-AD.

    -Applicability: Model DHC-8-102, -103, -106, -301, -311, -314, 
and -315 series airplanes, serial numbers 003 through 389 inclusive; 
equipped with Ametek/Weston battery temperature monitor having part 
number (P/N) 522487; certificated in any category. -
    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 use the authority 
provided in paragraph (c) of this AD to request approval from the 
FAA. This approval may address either no action, if the current 
configuration eliminates the unsafe condition; or different actions 
necessary to address the unsafe condition described in this AD. Such 
a request should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    -Compliance: Required as indicated, unless accomplished 
previously. -
    To prevent failure of the battery temperature monitor, which 
could result in smoke in the flight compartment, accomplish the 
following:
    (a) Within 6 months after the effective date of this AD, modify 
the battery temperature monitor in accordance with de Havilland 
Service Bulletin S.B. 8-24-53, dated September 7, 1994. -
    (b) As of the effective date of this AD, no person shall install 
an Ametek/Weston battery temperature monitor, P/N 522487, on any 
airplane. -
    (c) 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, 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York ACO.

    -(d) 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. -
    (e) The modification shall be done in accordance with de 
Havilland Service Bulletin S.B. 8-24-53, dated September 7, 1994. 
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 Bombardier, Inc., Bombardier 
Regional Aircraft Division, Garratt Boulevard, Downsview, Ontario, 
Canada M3K 1Y5. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the FAA, New York Aircraft Certification Office, Engine and 
Propeller Directorate, 10 Fifth Street, Third Floor, Valley Stream, 
New York 11581; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC. -
    (f) This amendment becomes effective on March 4, 1996.

    Issued in Renton, Washington, on January 25, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-1873 Filed 2-1-96; 8:45 am]
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