[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Rules and Regulations]
[Pages 48612-48613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22598]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-266-AD; Amendment 39-9745; AD 88-09-05 R1]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment revises 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 action 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 amendment limits the 
applicability of the rule to fewer airplanes.

DATES: Effective October 21, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 21, 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: Marc Goldstein, Aerospace Engineer, 
Systems and Equipment Branch, ANE-172, FAA, New York Aircraft 
Certification Office, Engine and Propeller Directorate, 10 Fifth 
Street, Third Floor, Valley Stream, New York 11581; telephone (516) 
256-7513; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by revising AD 88-09-05, 
amendment 39-5908 (53 FR 15363, April 29, 1988), which is applicable to 
certain de Havilland Model DHC-8 series airplanes, was published in the 
Federal Register on July 3, 1996 (61 FR 34767). The action proposed to 
revise AD 88-09-05 to continue to require clearly marking the location 
and means of entering the lavatory. The action also proposed to limit 
the applicability of the existing AD to fewer airplanes.
    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.

Conclusion

    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.

Cost Impact

    There are approximately 30 de Havilland Model DHC-8-100 series 
airplanes of U.S. registry that will be affected by this AD.
    Since this AD merely deletes airplanes from the applicability of 
the rule, it adds no additional costs, and requires no additional work 
to be performed by affected operators. The current costs associated 
with this AD are reiterated below for the convenience of affected 
operators:
    The actions that are currently required by AD 88-09-05, and 
retained in this AD, 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 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. 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), amendment 39-9745, to read as follows:

88-09-05 R1 de Havilland, Inc.: Amendment 39-9745. 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

[[Page 48613]]

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; or Revision B, dated July 1, 
1988, or Revision C, dated September 29, 1995.
    (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 2: 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.
    (d) The replacement shall be done in accordance with de 
Havilland Service Bulletin 8-11-14, Revision A, dated July 31, 1987; 
or de Havilland Service Bulletin 8-11-14, Revision B, dated July 1, 
1988; or de Havilland Service Bulletin 8-11-14, Revision C, dated 
September 29, 1995. 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; or at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on October 21, 1996.

    Issued in Renton, Washington, on August 29, 1996.
Bill R. Boxwell,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-22598 Filed 9-13-96; 8:45 am]
BILLING CODE 4910-13-U