[Federal Register Volume 64, Number 161 (Friday, August 20, 1999)]
[Proposed Rules]
[Pages 45474-45476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21689]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-32-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106, 
-201, -202, -301, -311, and -315 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Bombardier Model DHC-8-
102, -103, -106, -201, -202, -301, -311, and -315 series airplanes. 
This proposed AD would require modification of the wiring of the 
emergency lighting system. This proposal is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The action specified by the proposed AD is 
intended to prevent the pilots from having full authority over the 
cabin emergency lights, which could result in delayed egress of the 
passengers and crew from the cabin during emergency evacuation.

DATES: Comments must be received by September 20, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-32-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 Airplane Division, 
Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada. This information 
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the FAA, Engine and Propeller 
Directorate, New York Airplane Certification Office, 10 Fifth Street, 
Third Floor, Valley Stream, New York.

FOR FURTHER INFORMATION CONTACT: Luciano L. Castracane, Aerospace 
Engineer, Systems and Flight Branch, ANE-172, Engine and Propeller 
Directorate, New York Airplane Certification Office, 10 Fifth Street, 
Third Floor, Valley Stream, New York 11581, telephone (516) 256-7535; 
fax (516) 256-2716.

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.

[[Page 45475]]

    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 99-NM-32-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-114, Attention: Rules 
Docket No. 99-NM-32-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified the FAA that an unsafe condition may 
exist on certain Bombardier Model DHC-8-102, -103, -106, -201, -202, -
301, -311, and -315 series airplanes. TCCA advises that installation of 
Bombardier Modification 8/2407 on these airplanes gave the pilots full 
authority over the emergency lights. If the cockpit switch for the 
emergency lights is in the OFF position, the flight attendant cannot 
turn the lights on from the cabin location because the pilot switch 
overrides the flight attendant's switch. This condition, if not 
corrected, could result in delayed egress of the passengers and crew 
members from the cabin during an emergency evacuation.

Explanation of Relevant Service Information

    Bombardier has issued Service Bulletin S.B. 8-33-40, Revision `B,' 
dated October 21, 1998, which describes procedures for modification of 
the wiring of the emergency lighting system to allow selection of the 
emergency lights to ON from the flight attendant switch in the cabin, 
even when the emergency light switch in the cockpit is OFF. 
Accomplishment of the action specified in the service bulletin is 
intended to adequately address the identified unsafe condition. TCCA 
classified this service bulletin as mandatory and issued Canadian 
airworthiness directive CF-98-33, dated September 8, 1998, in order to 
assure the continued airworthiness of these airplanes in Canada.

FAA's Conclusions

    These airplane models are manufactured in Canada and are type 
certificated for operation in the United States under the provisions of 
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, TCCA has kept the FAA informed of 
the situation described above. The FAA has examined the findings of 
TCCA, 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 require accomplishment of 
the action specified in the service bulletin described previously.

Differences Between Proposed Rule and Service Bulletin

    Operators should note that, although the Canadian airworthiness 
directive affects Bombardier Model DHC-8-314 series airplanes, 
Bombardier Model DHC-8-314 series airplanes are not type certificated 
in the United States. Therefore, the proposed AD does not affect those 
airplanes.

Cost Impact

    The FAA estimates that 10 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 20 work 
hours per airplane to accomplish the proposed modification, and that 
the average labor rate is $60 per work hour. Required parts would cost 
approximately $595 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be $17,950, 
or $1,795 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed 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 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, Airplane, 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:

    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:

Bombardier, Inc. (Formerly de Havilland, Inc.): Docket 99-NM-32-AD.

    Applicability: Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 series airplanes; serial numbers 459 through 501, 
excluding serial numbers 462, 464, 467, 469, 478, 479, 481, 482, 
487, 489, 490, 491, 493, 495, 498, 499, and 500; 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 45476]]

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 the pilots from having full authority over the cabin 
emergency lights, which could result in delayed egress of the 
passengers and crew from the cabin during an emergency evacuation, 
accomplish the following:

Modification

    (a) For airplanes on which Bombardier Modification 8/2407 has 
been installed during production: Within 12 months after the 
effective date of this AD, modify the wiring of the emergency 
lighting system in accordance with Bombardier Service Bulletin S.B. 
8-33-40, Revision `B,' dated October 21, 1998.

    Note 2: Modification of the wiring of the emergency lighting 
system accomplished prior to the effective date of this AD in 
accordance with Bombardier Service Bulletin S.B. 8-33-40, dated May 
8, 1998, or Revision `A,' dated July 28, 1998, is considered 
acceptable for compliance with the modification required by 
paragraph (a) of this AD.

Alternative Methods of Compliance

    (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, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the International Branch, 
ANM-116.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (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.

    Note 4: The subject of this AD is addressed in Canadian 
airworthiness directive CF-98-33, dated September 8, 1998.

    Issued in Renton, Washington, on August 16, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Airplane Certification 
Service.
[FR Doc. 99-21689 Filed 8-19-99; 8:45 am]
BILLING CODE 4910-13-U