[Federal Register Volume 67, Number 3 (Friday, January 4, 2002)]
[Rules and Regulations]
[Pages 495-497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-241-AD; Amendment 39-12589; AD 2001-26-23]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-100, -200, and -
300 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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[[Page 496]]

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Bombardier Model DHC-8-100, -200, and -300 series 
airplanes, that requires replacement of the observer's seat latch 
assembly with a new, improved seat latch assembly. This action is 
necessary to prevent the observer's seat from separating from its 
attachment points in the event of an accident or emergency landing, due 
to an understrength seat latch assembly. This action is intended to 
address the identified unsafe condition.

DATES: Effective February 8, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 8, 2002.

ADDRESSES: The service information referenced in this AD may be 
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division, 
123 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, 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: Serge Napoleon, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York 11581; telephone (516) 256-7512; 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 certain Bombardier Model DHC-8-
100, -200, and -300 series airplanes was published in the Federal 
Register on September 25, 2001 (66 FR 48991). That action proposed to 
require replacement of the observer's seat latch assembly with a new, 
approved seat latch assembly.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Explanation of Change to Applicability Statement

    In the applicability statement of the proposed rule, the FAA 
inadvertently included Model DHC-8-314 airplanes. This model is not 
listed on the type certificate data sheet and has been removed from the 
applicability statement of this final rule.

Conclusion

    After careful review of the available data, the FAA has determined 
that air safety and the public interest require the adoption of the 
rule with the change described previously. The FAA has determined that 
this change will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Cost Impact

    The FAA estimates that 35 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 4 work hours per 
airplane to accomplish the required replacement, and that the average 
labor rate is $60 per work hour. Required parts will cost approximately 
$1,372 per airplane. Based on these figures, the cost impact of the 
replacement required by this AD on U.S. operators is estimated to be 
$56,420, or $1,612 per airplane.
    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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    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:

2001-26-23  Bombardier, Inc. (Formerly de Havilland, Inc.): 
Amendment 39-12589. Docket 2001-NM-241-AD.

    Applicability: Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 airplanes; certificated in any category; serial 
numbers 408, 413, 434 through 507 inclusive; excluding serial 
numbers 452, 464, 490, and 506.

    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 the observer's seat from separating from its 
attachment points in the event of an accident or emergency landing, 
accomplish the following:

Replacement

    (a) Within 12 months after the effective date of this AD, 
replace the observer's seat latch assembly by incorporating ModSum

[[Page 497]]

8Q100890 (including removing and discarding existing latch and 
installing serrated plate, shim, and new latch assembly), in 
accordance with Bombardier Service Bulletin 8-25-307, dated November 
13, 2000.

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. 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.

Incorporation by Reference

    (d) The replacement shall be done in accordance with Bombardier 
Service Bulletin 8-25-307, dated November 13, 2000. 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, 123 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, 
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.

    Note 3: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-18, dated May 4, 2001.

Effective Date

    (e) This amendment becomes effective on February 8, 2002.


    Issued in Renton, Washington, on December 26, 2001.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-6 Filed 1-3-02; 8:45 am]
BILLING CODE 4910-13-U