[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Rules and Regulations]
[Pages 44028-44030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16306]



[[Page 44028]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-70-AD; Amendment 39-12796; AD 2002-13-08]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain de Havilland Inc. (de Havilland) Models DHC-2 Mk. I, 
DHC-2 Mk. II, and DHC-2 Mk. III airplanes. This AD requires 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 AD is the 
result of mandatory continuing airworthiness information (MCAI) issued 
by the airworthiness authority for Canada. 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.

DATES: This AD becomes effective on August 13, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
August 13, 2002.

ADDRESSES: You may get the service information referenced in this AD 
from Bombardier Inc., Bombardier Regional Aircraft Division, 123 
Garratt Boulevard, Downsview, Ontario, Canada M3K 1Y5; telephone: (416) 
633-7310. You may view this information at the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-70-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106; or at the Office of the Federal Register, 800 
North Capitol Street, NW, suite 700, Washington, DC.

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:

Discussion

What Events Have Caused This 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 Is the Potential Impact if FAA Took no Action?

    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.

Has FAA Taken Any Action to This Point?

    We issued a proposal to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) to include an AD that would apply to 
certain de Havilland Models DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. 
III airplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on March 4, 2002 (67 FR 9627). The 
NPRM proposed to 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.

Was the Public Invited To Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. We did not receive any comments on the proposed rule 
or on our determination of the cost to the public.

FAA's Determination

What Is FAA's Final Determination on This Issue?

    After careful review of all available information related to the 
subject presented above, we have determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. We have determined that these minor 
corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Cost Impact

How Many Airplanes Does This AD Impact?

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

What is the Cost Impact of This AD on Owners/Operators of the Affected 
Airplanes?

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

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

    These figures only take into account the modification and initial 
inspection costs and do not take into account the costs of any of the 
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 
will incur over the life of each affected airplane or the number of 
elevator tip ribs that will need to be replaced.

Compliance Time of This AD

What Will be the Compliance Time of This AD?

    The compliance time of this 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 AD is 
caused by corrosion. Corrosion develops regardless of whether the 
airplane is in service and is not a result of airplane operation.

[[Page 44029]]

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 required.

Regulatory Impact

Does This AD Impact Various Entities?

    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.

Does this AD Involve a Significant Rule or Regulatory Action?

    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 copy of the final 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under 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. FAA amends Sec. 39.13 by adding a new AD to read as follows:
2002-13-08  de Havilland Inc.: Amendment 39-12796; 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:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) For all affected          Within the next 6     In accordance with
 airplanes: cut an access      calendar months       the ACCOMPLISHMENT
 hole and fabricate and        after August 13,      INSTRUCTIONS
 install an access cover and   2002 (the effective   section of either
 ring doubler on the           date of this AD).     de Havilland Beaver
 elevator tip rib of each                            Service Bulletin
 elevator.                                           Number 2/50, 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.
(2) For all affected          Within the next 6     In accordance with
 airplanes: inspect            calendar months       the ACCOMPLISHMENT
 underneath the mass balance   after August 13,      INSTRUCTIONS
 weights at each elevator      2002 (the effective   section of either
 tip rib for corrosion.        date of this AD)      de Havilland Beaver
                               and thereafter at     Service Bulletin
                               intervals not to      Number 2/50, dated
                               exceed 5 years.       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.
(3) For all affected          Prior to further      In accordance with
 airplanes: if corrosion is    flight after any      the ACCOMPLISHMENT
 found (during any             inspection required   INSTRUCTIONS
 inspection required by        in paragraph d(2)     section of either
 paragraph (d)(2) of this      of this AD where      de Havilland Beaver
 AD) that is equal to or       the applicable        Service Bulletin
 less than 0.004 inches        corrosion is found.   Number 2/50, dated
 depth, remove the corrosion.                        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          Prior to further      In accordance with
 airplanes: if corrosion is    flight after any      the ACCOMPLISHMENT
 found (during any             inspection required   INSTRUCTIONS
 inspection required by        in paragraph d(2)     section of either
 paragraph (d)(2) of this      of this AD where      de Havilland Beaver
 AD) that is greater than      the applicable        Service Bulletin
 0.004 inches depth,           corrosion is found.   Number 2/50, dated
 accomplish one of the                               May 9, 1997 (for
 following:.                                         Models DHC-2 Mk. I
(i) use the procedures in                            and DHC-2 Mk. II
 the service bulletin to                             airplanes); or de
 manufacture a new tip rib,                          Havilland Beaver
 part number 2DKC2-TE-77,                            Service Bulletin
 and replace the affected                            Number TB/58, dated
 tip rib with this new tip                           May 9, 1997 (for
 rib; or.                                            Model DHC-2 Mk. III
(ii) replace any affected                            airplanes), as
 elevator tip rib with a                             applicable.
 part number (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..

[[Page 44030]]

 
(5) In addition to that       Prior to further      In accordance with
 required by paragraph         flight after any      the ACCOMPLISHMENT
 (d)(4) of this AD for the     inspection required   INSTRUCTIONS
 affected DHC-2 MK III         in paragraph d(2)     section of de
 airplanes: if corrosion is    of this AD where      Havilland Beaver
 found (during any             the applicable        Service Bulletin
 inspection required by        corrosion is found..  Number TB/58, dated
 paragraph (d)(2) of this                            May 9, 1997.
 AD) that is greater than
 0.004 inches depth on the
 channel, accomplish one of
 the following:.
(i) use the procedures in
 the service bulletin to
 manufacture a new channel
 replacement, part number
 2DKC2TE1020-13, and replace
 the affected channel with
 this 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..
------------------------------------------------------------------------


    Note 1: General maintenance procedures specify that the 
elevators should be rebalanced any time work is done in that area.

    (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 2: 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.

    (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) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with de Havilland Beaver Service Bulletin Number 2/50, dated May 9, 
1997 or de Havilland Beaver Service Bulletin Number TB/58, dated May 
9, 1997. The Director of the Federal Register approved this 
incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. 
You may get copies from Bombardier Inc., Bombardier Regional 
Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario, Canada 
M3K 1Y5. You may view copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, 
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 AD No. 
CF-97-06, dated May 28, 1997.

    (i) When does this amendment become effective? This amendment 
becomes effective on August 13, 2002.

    Issued in Kansas City, Missouri, on June 21, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-16306 Filed 6-28-02; 8:45 am]
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