[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Rules and Regulations]
[Pages 12531-12532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6261]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-158-AD; Amendment 39-9965; AD 97-06-08]
RIN 2120-AA64


Airworthiness Directives; de Havilland Model DHC-7 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 all de Havilland Model DHC-7 series airplanes, that 
requires certain structural inspections, and repair, if necessary. This 
amendment is prompted by a structural re-evaluation, which identified 
certain significant structural items to inspect for fatigue cracking as 
these airplanes approach and exceed the manufacturer's original design 
life. The actions specified by this AD are intended to prevent fatigue 
cracking in these areas which, if not detected and corrected in a 
timely manner, could reduce the structural integrity of these 
airplanes.

DATES: Effective April 21, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 21, 1997.

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, 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: Sol Maroof, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, Engine and Propeller Directorate, 10 Fifth 
Street, Third Floor, Valley Stream, New York 11581; telephone (516) 
256-7522; 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 all de Havilland Model DHC-7 
series airplanes was published in the Federal Register on May 22, 1996 
(61 FR 25598). That action proposed to require that operators 
incorporate, into their FAA-approved maintenance inspection program, 
the inspections specified in DHC-7 Maintenance Manual (PSM 1-7-2),

[[Page 12532]]

Chapter 5-60-00, Temporary Revision (TR 5-84), dated June 15, 1994. 
Additionally, that action proposed to require repair of any findings of 
cracks, loose or broken fasteners, or deformations.
    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 comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 50 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 15 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Based on these figures, the cost impact of 
the AD on U.S. operators is estimated to be $45,000, or $900 per 
airplane, per inspection cycle.
    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.

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 adding the following new 
airworthiness directive:

97-06-08  De Havilland, Inc.: Amendment 39-9965. Docket 95-NM-158-
AD.

    Applicability: All Model DHC-7 series airplanes, certificated in 
any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (d) 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 ensure the continuing structural integrity of these 
airplanes, accomplish the following:
    (a) Within 6 months after the effective date of this AD, 
incorporate into the FAA-approved maintenance inspection program the 
inspections and inspection intervals defined in DHC-7 Maintenance 
Manual (PSM 1-7-2), Chapter 5-60-00, Temporary Revision (TR 5-84), 
dated June 15, 1994; and inspect the significant structural items 
prior to the thresholds specified in TR 5-84 of PSM 1-7-2. Repeat 
the inspections thereafter at the intervals specified in TR 5-84 of 
PSM 1-7-2.
    (b) Prior to further flight, repair any discrepancies detected 
during any inspection required by paragraph (a) of this AD in 
accordance with one of the following:
    (1) the DHC-7 Maintenance Manual; or
    (2) the DHC-7 Structural Repair Manual; or
    (3) other data meeting the certification basis of the airplane 
which is approved by the Manager, New York Aircraft Certification 
Office (ACO), FAA, Engine and Propeller Directorate; or
    (4) data meeting the certification basis of the airplane which 
is approved by Transport Canada Aviation.
    (c) All inspection results, positive or negative, must be 
reported to de Havilland in accordance with ``Introduction,'' 
paragraph 5, of DHC-7 Maintenance Manual (PSM 1-7-2), Chapter 5-60-
00, Temporary Revision (TR 5-84), dated June 15, 1994. Information 
collection requirements contained in this regulation have been 
approved by the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.) and have been assigned OMB Control Number 2120-0056.
    (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), 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.

    (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 structural inspections shall be done in accordance with 
DHC-7 Maintenance Manual (PSM 1-7-2), Chapter 5-60-00, Temporary 
Revision (TR 5-84), dated June 15, 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 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, 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.
    (g) This amendment becomes effective on April 21, 1997.

    Issued in Renton, Washington, on March 6, 1997.
Neil D. Schalekamp,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-6261 Filed 3-14-97; 8:45 am]
BILLING CODE 4910-13-U