[Federal Register Volume 67, Number 42 (Monday, March 4, 2002)]
[Proposed Rules]
[Pages 9627-9630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5004]



[[Page 9627]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-70-AD]
RIN 2120-AA64


Airworthiness Directives; de Havilland Inc. Models DHC-2 Mk. I, 
DHC-2 Mk. II, and DHC-2 Mk. III Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain de Havilland Inc. (de Havilland) 
Models DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes. This 
proposed AD would require you to modify the elevator tip rib on each 
elevator; repetitively inspect underneath the mass balance weights at 
each elevator tip rib for corrosion; and either remove the corrosion or 
replace a corroded elevator tip rib depending on the corrosion damage. 
This proposed AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for Canada. 
The actions specified by this proposed AD are intended to detect and 
correct corrosion in the mass balance weights at the elevator tip ribs, 
which could result in loss of balance weight during flight and the 
elevator control surface separating from the airplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before March 29, 2002.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 97-CE-70-AD, 901 Locust, 
Room 506, Kansas City, Missouri 64106. You may view any comments at 
this location between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.
    You may get service information that applies to this proposed AD 
from Bombardier Inc., Bombardier Regional Aircraft Division, 123 
Garratt Boulevard, Downsview, Ontario, Canada M3K 1Y5; telephone: (416) 
633-7310. You may also view this information at the Rules Docket at the 
address above.

FOR FURTHER INFORMATION CONTACT: Mr. Jon Hjelm, Aerospace Engineer, New 
York Aircraft Certification Office, 10 Fifth Street, 3rd Floor, Valley 
Stream, New York, 11581-1200, telephone: (516) 256-7523, facsimile: 
(516) 568-2716.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This Proposed AD?

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the rule's docket number and submit your comments to the 
address specified under the caption ADDRESSES. We will consider all 
comments received on or before the closing date. We may amend this 
proposed rule in light of comments received. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this proposed AD action and determining whether we 
need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention To?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed rule that 
might suggest a need to modify the rule. You may view all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
contact we have with the public that concerns the substantive parts of 
this proposed AD.

How Can I Be Sure FAA Receives My Comment?

    If you want FAA to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 97-CE-70-AD.'' We will date stamp and mail the 
postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    Transport Canada, which is the airworthiness authority for Canada, 
notified FAA that an unsafe condition may exist on certain de Havilland 
Models DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes. 
Transport Canada reports incidents of corrosion found in the area of 
the elevator tip rib underneath the mass balance weights on several of 
the above-referenced airplanes.

What Are the Consequences if the Condition Is Not Corrected?

    These conditions, if not detected and corrected, could result in 
loss of balance weight during flight and the elevator control surface 
separating from the airplane.

Is There Service Information That Applies to This Subject?

    De Havilland has issued Beaver Service Bulletin Number 2/50, dated 
May 9, 1997 (applicable to Models DHC-2 Mk. I and DHC-2 Mk. II 
airplanes); and Beaver Service Bulletin Number TB/58, dated May 9, 1997 
(applicable to Model DHC-2 Mk. III airplanes).

What Are the Provisions of This Service Information?

    These service bulletins include procedures for:

--modifying the elevator tip rib on each elevator;
--repetitively inspecting underneath the mass balance weights at the 
elevator tip rib for corrosion; and
--either removing the corrosion or replacing the corroded elevator tip 
rib depending on the corrosion damage.

What Action Did Transport Canada Take?

    Transport Canada classified these service bulletins as mandatory 
and issued AD No. CF-97-06, dated May 28, 1997, in order to ensure the 
continued airworthiness of these airplanes in Canada.

Was This in Accordance With the Bilateral Airworthiness Agreement?

    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, Transport 
Canada has kept FAA informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of This 
Proposed AD

What Has FAA Decided?

    The FAA has examined the findings of Transport Canada; reviewed all 
available information, including the service information referenced 
above; and determined that:

--the unsafe condition referenced in this document exists or could 
develop on other de Havilland Models DHC-2 Mk. I, DHC-2 Mk. II, and 
DHC-2 Mk. III of the same type design that are on the U.S. registry;
--the actions specified in the previously-referenced service

[[Page 9628]]

information should be accomplished on the affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

What Would This Proposed AD Require?

    This proposed AD would require you to modify the elevator tip rib 
on each elevator; repetitively inspect underneath the mass balance 
weights at the elevator rib tip for corrosion; and either remove the 
corrosion or replace the corroded elevator tip rib depending on the 
corrosion damage.

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 160 airplanes in the U.S. 
registry.

What Would Be the Cost Impact of This Proposed AD on Owners/Operators 
of the Affected Airplanes?

    We estimate the following costs to accomplish the proposed 
modification and initial inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                  Total cost per   Total cost on
                  Labor cost                               Parts cost                airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
13 workhours  x  $60 = $780...................  No parts cost required..........            $780  $780  x  160 =
                                                                                                       $124,800.
----------------------------------------------------------------------------------------------------------------

    These figures only take into account the proposed modification and 
initial inspection costs and do not take into account the costs of any 
of the proposed repetitive inspections or the cost to replace any 
elevator tip rib that would be found corroded past a certain extent. We 
have no way of determining the number of repetitive inspections each 
owner/operator would incur over the life of each affected airplane or 
the number of elevator tip ribs that would need to be replaced.

Compliance Time of This Proposed AD

What Would Be the Compliance Time of This Proposed AD?

    The compliance time of this proposed AD is ``within the next 6 
calendar months after the effective date of this AD''.

Why Is the Compliance Time Presented in Calendar Time Instead of Hours 
Time-in-Service (TIS)?

    We have determined that a calendar time compliance is the most 
desirable method because the unsafe condition described in this 
proposed AD is caused by corrosion. Corrosion develops regardless of 
whether the airplane is in service and is not a result of airplane 
operation. Therefore, to ensure that the above-referenced condition is 
detected and corrected on all airplanes within a reasonable period of 
time without inadvertently grounding any airplanes, a compliance 
schedule based upon calendar time instead of hours TIS is proposed.

Regulatory Impact

Would This Proposed AD Impact Various Entities?

    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 proposed rule would not have federalism 
implications under Executive Order 13132.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed 
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) 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 has been placed 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, under 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. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

De Havilland Inc.: Docket No. 97-CE-70-AD.

    (a) What airplanes are affected by this AD? This AD affects 
Models DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes, all 
serial numbers, certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct corrosion in the mass 
balance weights at the elevator tip ribs, which could result in loss 
of balance weight during flight and the elevator control surface 
separating from the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

[[Page 9629]]



------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) For all affected airplanes:   Within the next 6   In accordance with
 cut an access hole and install    calendar months     the
 an access cover and ring          after the           ACCOMPLISHMENT
 doubler on the elevator tip rib   effective date of   INSTRUCTIONS
 of each elevator.                 this AD.            section of either
                                                       de Havilland
                                                       Beaver Service
                                                       Bulletin Number 2/
                                                       50, dated May 9,
                                                       1997 (for Models
                                                       DHC-2 Mk. I and
                                                       DHC-2 Mk. II
                                                       airplanes); or de
                                                       Havilland Beaver
                                                       fabricate and
                                                       Service Bulletin
                                                       Number TB/58,
                                                       dated May 9, 1997
                                                       (for Model DHC-2
                                                       Mk. III
                                                       airplanes), as
                                                       applicable.
(2) For all affected airplanes:   Within the next 6   In accordance with
 inspect underneath the mass       calendar months     the
 balance weights at each           after the           ACCOMPLISHMENT
 elevator tip rib for corrosion.   effective date of   INSTRUCTIONS
                                   this AD and         section of either
                                   thereafter at       de Havilland
                                   intervals not to    Beaver Service
                                   exceed 5 years.     Bulletin Number 2/
                                                       50, dated May 9,
                                                       1997 (for Models
                                                       DHC-2 Mk. I and
                                                       DHC-2 II
                                                       airplanes); or de
                                                       Havilland Beaver
                                                       Service Bulletin
                                                       Number TB/58,
                                                       dated May 9, 1997
                                                       (for Model DHC-2
                                                       Mk. III
                                                       airplanes), as
                                                       applicable.
(3) For all affected airplanes:   Prior to further    In accordance with
 if corrosion is found (during     flight after any    the
 any inspection required by        inspection          ACCOMPLISHMENT
 paragraph (d)(2) of this AD)      required in         INSTRUCTIONS
 that is equal to or less than     paragraph d(2) of   section of either
 0.004 inches depth, remove the    this AD where the   de Havilland
 corrosion.                        applicable          Beaver Service
                                   corrosion is        Bulletin Number 2/
                                   found.              50, dated May 9,
                                                       1997 (for Models
                                                       DHC-2 Mk. I and
                                                       DHC-2 Mk. II
                                                       airplanes); or de
                                                       Havilland Beaver
                                                       Service Bulletin
                                                       Number TB/58,
                                                       dated May 9, 1997
                                                       (for Model DHC-2
                                                       Mk. III
                                                       airplanes), as
                                                       applicable.
(4) For all affected airplanes:   Prior to further    In accordance with
 if corrosion is found (during     flight after any    the
 any inspection required by        inspection          ACCOMPLISHMENT
 paragraph (d)(2) of this AD)      required in         INSTRUCTIONS
 that is greater than 0.004        paragraph d(2) of   section of either
 inches depth, accomplish one of   this AD where the   de Havilland
 the following:                    applicable          Beaver Service
                                   corrosion is        Bulletin Number 2/
                                   found.              50, dated May 9,
                                                       1997 (for Models
                                                       DHC-2 Mk. I and
                                                       DHC-2 Mk. II
                                                       airplanes); or de
                                                       Havilland Beaver
                                                       Service Bulletin
                                                       Number TB/58,
                                                       dated May 9, 1997
                                                       (for Model DHC-2
                                                       Mk. III
                                                       airplanes), as
                                                       applicable.
    (i) use the procedures in       ................
     the service bulletin to
     manufacture a new tip rib,
     part number 2DKC2-TE-77,
     and replace the affected
     tip rib with this new tip
     rib; or.
    (ii) replace any affected       ................
     elevator tip rib with a
     part number (P/N) C2-TE-
     103AND elevator tip rib.
     You may obtain a P/N C2-TE-
     103AND elevator tip rib.
     You may obtain a P/N C2-TE-
     103AND elevator tip rib
     from Viking Air Limited,
     9574 Hampden Road, Sidney,
     BC, Canada VL8 SV5.
(5) In addition to the above for  Prior to further    In accordance with
 the affected DHC-2 MK III         flight after any    the
 airplanes: if corrosion is        inspection          ACCOMPLISHMENT
 found (during any inspection      required in         INSTRUCTIONS
 required by paragraph (d)(2) of   paragraph d(2) of   section of de
 this AD) that is greater than     this AD where the   Havilland Beaver
 0.004 inches depth on the         applicable          Service Bulletin
 channel, accomplish one of the    corrosion is        Number TB/58,
 following:                        found.              dated May 9,
                                                       1997.
    (i) use the procedures in       ................
     the service bulletin to
     manufacture a new channel
     replacement, part number
     2DKC2TE1020-13, and replace
     the affected channel with
     new channel; or.
    (ii) replace the channel        ................
     with a part number (P/N) C2-
     TE-89ND channel. You may
     obtain a P/N C2-TE-89ND
     channel from Viking Air
     Limited, 9574 Hampden Road,
     Sidney, BC, Canada VL8 SV5.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, New York Aircraft Certification Office (ACO), 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, New York ACO.

    Note 1: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 (e) 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.


[[Page 9630]]


    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Mr. Jon Hjelm, Aerospace 
Engineer, New York Aircraft Certification Office, 10 Fifth Street, 
3rd Floor, Valley Stream, New York, 11581-1200, telephone: (516) 
256-7523, facsimile: (516) 568-2716.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents referenced in this AD from 
Bombardier Inc., Bombardier Regional Aircraft Division, 123 Garratt 
Boulevard, Downsview, Ontario, Canada M3K 1Y5. You may view these 
documents at FAA, Central Region, Office of the Regional Counsel, 
901 Locust, Room 506, Kansas City, Missouri 64106.

    Note 2: The subject of this AD is addressed in Canadian AD No. 
CF-97-06, dated May 28, 1997.


    Issued in Kansas City, Missouri, on February 21, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-5004 Filed 3-1-02; 8:45 am]
BILLING CODE 4910-13-P