[Federal Register Volume 65, Number 83 (Friday, April 28, 2000)]
[Proposed Rules]
[Pages 24887-24889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10671]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-90-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-7-100, and DHC-8-
100, -200, and -300 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 all Bombardier Model DHC-7-100, 
and DHC-8-100, -200, and -300 series airplanes. This proposal would 
require a one-time inspection of maintenance records to determine the 
method used during the most recent weight and balance check of the 
airplane and, if necessary, accomplishment of a weight and balance 
check. This proposal is prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The actions specified by the proposed AD are intended to prevent 
unusual handling characteristics and consequent reduced controllability 
during ground operations due to incorrect methods of weighing and 
balancing the airplane.

DATES: Comments must be received by May 30, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-90-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., Canadair, Aerospace Group, P.O. Box 
6087, Centre-ville, Montreal, Quebec H3C 3G9, 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 Aircraft Certification Office, 10 Fifth Street, 
Third Floor, Valley Stream, New York.

FOR FURTHER INFORMATION CONTACT: James E. Delisio, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, Engine and Propeller 
Directorate, New York Aircraft Certification Office, 10 Fifth Street, 
Third Floor, Valley Stream, New York 11581; telephone (516) 256-7521; 
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 2000-NM-90-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. 2000-NM-90-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 all Bombardier Model DHC-7-100, and all Model DHC-8-100, -200, 
and -300

[[Page 24888]]

series airplanes. TCCA advises that it has received reports of 
airplanes having unusual handling characteristics during ground 
operations. Investigation into the occurrences revealed discrepancies 
between the actual center of gravity (CG) of the airplane and the 
recorded CG in the airplane's maintenance records. All of the airplanes 
involved had, since delivery from the manufacturer, accomplished a 
weight and balance check using wing jacks. Further investigation 
conducted by the manufacturer (Bombardier) revealed that, for high wing 
airplanes, the use of wing jacks can result in CG errors as large as 2 
to 3 percent of the mean aerodynamic chord (MAC). Such errors could 
result in unusual handling characteristics and consequent reduced 
controllability during ground operations.

Explanation of Relevant Service Information

    The manufacturer has issued de Havilland Weight and Balance 
Manuals, as follows:
     PSM 1-7-8, Issue 1, dated November 1978 (For Model DHC-7-
100 series airplanes).
     PSM 1-7C-8, Issue 1, dated November 1978 (For Model DHC-7-
101 series airplanes).
     PSM 1-71-8, Issue 2, dated February 1982 (For Model DHC-7-
102 series airplanes).
     PSM 1-71C-8, Issue 1, dated November 1979 (For Model DHC-
7-103 series airplanes).
     PSM 1-8-8, Issue 3, dated March 1996 (For Model DHC-8-100 
series airplanes).
     PSM 1-82-8, Issue 2, dated March 1996 (For Model DHC-8-200 
series airplanes).
     PSM 1-83-8, Issue 3, dated March 1996 (For Model DHC-8-300 
series airplanes).
    The de Havilland Weight and Balance Manuals describe specific 
methods for weighing and balancing the airplane to ensure the proper CG 
for the airplane. The methods involve using platform scales or bottle 
neck jacks at the undercarriage jacking points, and specifically 
recommend NOT using wing jacks. TCCA classified this service 
information as mandatory and issued Canadian airworthiness directive 
CF-98-32R1, dated March 11, 1999, 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 
section 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 a one-time 
inspection of the maintenance records to determine the method used 
during the most recent weight and balance check of the airplane and, if 
necessary, accomplishment of a weight and balance check. The actions 
would be required to be accomplished in accordance with the service 
information described previously.

Differences Between Proposed Rule and Foreign Airworthiness 
Directive

    The proposed AD would differ from the parallel Canadian 
airworthiness directive in that it would require the inspection of the 
maintenance records within 60 days after the effective date of this AD. 
The parallel Canadian airworthiness directive recommends the inspection 
within 1 year after the effective date of that AD. In developing an 
appropriate compliance time for this AD, the FAA considered not only 
TCCA's recommendation, but the degree of urgency associated with 
addressing the subject unsafe condition, and the average utilization of 
the affected fleet. In light of these factors, the FAA finds a 60-day 
compliance time for performing the inspection actions to be warranted, 
in that it represents an appropriate interval of time allowable for 
affected airplanes to continue to operate without compromising safety.

Cost Impact

    The FAA estimates that 207 series airplanes of U.S. registry would 
be affected by this proposed AD, and that it would take approximately 1 
work hour per airplane to accomplish the proposed inspection, at an 
average labor rate of $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$12,420, or $60 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 a substantial direct 
effect 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, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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:

    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 2000-NM-90-AD.


[[Page 24889]]


    Applicability: All Model DHC-7-100 series airplanes and all 
Model DHC-8-100, -200, and -300 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 
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 unusual handling characteristics and consequent 
reduced controllability during ground operations due to incorrect 
methods of weighing and balancing the airplane, accomplish the 
following:
    (a) Within 60 days after the effective date of this AD, perform 
a one-time inspection of maintenance records to determine the method 
used during the most recent weight and balance check of the 
airplane.
    (1) If the maintenance records indicate that platform scales or 
bottle jacks at the undercarriage jacking points were used during 
the most recent weight and balance check, no further action is 
required by this AD.
    (2) If the maintenance records indicate that wing jacks were 
used during the most recent weight and balance check, or if the 
maintenance records do not verify the use of platform scales or 
bottle jacks at the undercarriage jacking points, prior to further 
flight, accomplish a weight and balance check of the airplane in 
accordance with the applicable de Havilland Weight and Balance 
Manual procedures specified in paragraph (a)(2)(i), (a)(2)(ii), 
(a)(2)(iii), (a)(2)(iv), (a)(2)(v), (a)(2)(vi), or (a)(2)(vii), of 
this AD.
    (i) For Model DHC-7-100 series airplanes: Accomplish the actions 
in accordance with de Havilland Weight and Balance Manual PSM 1-7-8, 
Issue 1, dated November 1978.
    (ii) For Model DHC-7-101 series airplanes: Accomplish the 
actions in accordance with de Havilland Weight and Balance Manual 
PSM 1-7C-8, Issue 1, dated November 1978.
    (iii) For Model DHC-7-102 series airplanes: Accomplish the 
actions in accordance with de Havilland Weight and Balance Manual 
PSM 1-71-8, Issue 2, dated February 1982.
    (iv) For Model DHC-7-103 series airplanes: Accomplish the 
actions in accordance with de Havilland Weight and Balance Manual 
PSM 1-71C-8, Issue 1, dated November 1979.
    (v) For Model DHC-8-100 series airplanes: Accomplish the actions 
in accordance with de Havilland Weight and Balance Manual PSM 1-8-8, 
Issue 3, dated March 1996.
    (vi) For Model DHC-8-200 series airplanes: Accomplish the 
actions in accordance with de Havilland Weight and Balance Manual 
PSM 1-82-8, Issue 2, dated March 1996.
    (vii) For Model DHC-8-300 series airplanes: Accomplish the 
actions in accordance with de Havilland Weight and Balance Manual 
PSM 1-83-8, Issue 3, dated March 1996.

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, 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.

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 3: The subject of this AD is addressed in Canadian 
airworthiness directive CF-98-32R1, dated March 11, 1999.


    Issued in Renton, Washington, on April 24, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-10671 Filed 4-27-00; 8:45 am]
BILLING CODE 4910-13-P