[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Proposed Rules]
[Pages 34767-34769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16952]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-266-AD]
RIN 2120-AA64


Airworthiness Directives; De Havilland Model DHC-8-100 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to revise an existing airworthiness 
directive (AD), applicable to certain de Havilland Model DHC-8 series 
airplanes, that currently requires clearly marking the location and 
means of entering the lavatory. That AD was prompted by reports of 
passengers mistaking the airstair door operating handle for the means 
of gaining access to the lavatory. The actions specified by that AD are 
intended to prevent inadvertent opening of the airstair door and 
consequent depressurization of the airplane. This action would limit 
the applicability of the rule to fewer airplanes.

DATES: Comments must be received by July 29, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-266-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division, 
Garratt Boulevard, Downsview, Ontario, Canada M3K 1Y5. This information 
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Marc Goldstein, Aerospace Engineer, 
Systems and Equipment Branch, ANE-172, FAA, New York Aircraft 
Certification Office, Engine and

[[Page 34768]]

Propeller Directorate, 10 Fifth Street, Third Floor, Valley Stream, New 
York 11581; telephone (516) 256-7513; 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 notice may be changed in 
light of the comments received.
    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 notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-266-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-103, Attention: Rules 
Docket No. 95-NM-266-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On April 22, 1988, the FAA issued AD 88-09-05, amendment 39-5908 
(53 FR 15363, April 29, 1988), applicable to certain de Havilland Model 
DHC-8-100 series airplanes, to require clearly marking the location and 
means of entering the lavatory. That action was prompted by reports of 
passengers mistaking the airstair door operating handle for the means 
of gaining access to the lavatory. The requirements of that AD are 
intended to prevent inadvertent opening of the airstair door and 
consequent depressurization of the airplane.

Explanation of Relevant Service Information

    Since the issuance of that AD, de Havilland has issued Revision 
`B', dated July 1, 1988, and Revision `C', dated September 29, 1995, of 
Service Bulletin S.B. 8-11-14. The modification procedures 
(Modification 8/0757) specified in these revisions are essentially 
identical to Revision `A' of the service bulletin, which was referenced 
in AD 88-09-05 as the appropriate source of service information. 
However, the effectivity listing in Revisions `B' and `C' has been 
revised to eliminate certain airplanes on which Modification 8/0757 was 
installed during production; therefore, these airplanes are not 
affected by the addressed unsafe condition. The modification clearly 
marks the location and means of entering the lavatory.
    Transport Canada Aviation, which is the airworthiness authority for 
Canada, classified these service bulletins as mandatory and issued 
Canadian airworthiness directive CF-87-07R1, dated June 30, 1995, in 
order to assure 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, the Transport Canada Aviation has 
kept the FAA informed of the situation described above. The FAA has 
examined the findings of the Transport Canada Aviation, 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 revise AD 88-09-05 to 
continue to require clearly marking the location and means of entering 
the lavatory. This action would limit the applicability of the existing 
AD to fewer airplanes.

Cost Impact

    There are approximately 30 de Havilland Model DHC-8-100 series 
airplanes of U.S. registry that would be affected by this proposed AD.
    Since this proposed AD merely deletes airplanes from the 
applicability of the rule, it would add no additional costs, and would 
require no additional work to be performed by affected operators. The 
current costs associated with this proposed rule are reiterated below 
for the convenience of affected operators:
    The actions that are currently required by AD 88-09-05, and 
retained in this proposal, take approximately 1 work hour per airplane 
to accomplish, at an average labor rate of $60 per work hour. Required 
parts are supplied by the manufacturer at no cost to the operators. 
Based on these figures, the cost impact on U.S. operators of the 
actions currently required is estimated to be $1,800, or $60 per 
airplane.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    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:


[[Page 34769]]


    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-5908 (53 FR 
15363, April 29, 1988), and by adding a new airworthiness directive 
(AD), to read as follows:

De Havilland, Inc.: Docket 95-NM-266-AD. Revises AD 88-09-05, 
Amendment 39-5908.

    Applicability: Model DHC-8 series airplanes, serial numbers 3 
through 79, inclusive; on which Modification 8/0757 has not been 
installed; 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 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 inadvertent opening of the airstair door and 
consequent depressurization of the airplane, accomplish the 
following:
    (a) Within 60 days after June 10, 1988 (the effective date of AD 
88-09-05, amendment 39-5908), replace the labels marking the 
location and means of opening the lavatory, in accordance with the 
Accomplishment Instructions of de Havilland Service Bulletin 8-11-
14, Revision `A', dated July 31, 1987.

    Note 2: Replacement accomplished in accordance with de Havilland 
Service Bulletin 8-11-14, Revision `B', dated July 1, 1988, or 
Revision `C', dated September 29, 1995, is considered acceptable for 
compliance with this paragraph.

    (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, 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York ACO.

    (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.

    Issued in Renton, Washington, on June 27, 1996.
S. R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-16952 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-13-U