[Federal Register Volume 67, Number 140 (Monday, July 22, 2002)]
[Rules and Regulations]
[Pages 47684-47687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18334]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-124-AD; Amendment 39-12828; AD 2002-14-28]
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.

-----------------------------------------------------------------------

[[Page 47685]]

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 establishes a life 
limit for the front fuselage struts and requires you to repetitively 
replace the front fuselage struts every 15 years or repetitively 
inspect the struts for corrosion or fatigue damage and replace when the 
damage exceeds a certain level. 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 
prevent structural failure of the front fuselage caused by corrosion or 
fatigue damage to the struts that develops over time, which could 
result in reduced or loss of control of the airplane.

EFFECTIVE DATE: This AD becomes effective on September 6, 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. 98-CE-124-AD, 901 Locust, Room 506, Kansas 
City, Missouri 64106.

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 numerous incidents of corrosion of the front 
fuselage struts. Further analysis of the front fuselage struts reveals 
that these parts are not life limited and incur corrosion and fatigue 
damage over time.

What Is The Potential Impact if FAA Took No Action?

    Corrosion damage, if not detected and corrected, could result in 
failure of the front fuselage and possible reduced or loss of control 
of 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 28, 2002 (67 FR 14886). 
The NPRM proposed to establish a life limit for the front fuselage 
struts and would require you to repetitively replace the front fuselage 
struts every 15 years or repetitively inspect the struts for corrosion 
or fatigue damage and replace when the damage exceeds a certain level.

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 354 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 replacement:

----------------------------------------------------------------------------------------------------------------
                                                                                                     Total cost
               Labor cost                        Parts cost             Total cost per airplane        on U.S.
                                                                                                      Operators
----------------------------------------------------------------------------------------------------------------
108 workhours x $60 an hour = $6,480     $2,352 per airplane......  $8,832 per airplane per          $3,126,528
 per airplane.                                                       replacement.
----------------------------------------------------------------------------------------------------------------

Compliance Time of This AD

What Will Be the Compliance Time of This AD?

    The replacement compliance time of this AD is ``initially replace 
upon accumulating 15 years from the date of installation of the front 
fuselage struts or within the next 12 calendar months after the 
effective date of this AD, whichever occurs later, and thereafter at 
intervals not to exceed 15 years.'' If the repetitive inspection option 
is used, then the repetitive compliance time interval will be at 1 and 
5 years depending on the method used (provided certain corrosion or 
damage limits are not exceeded).

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

    The compliance of this AD is presented in calendar time instead of 
hours TIS. The need for establishing a life limit for the front 
fuselage struts as specified in this AD is the result of reports of 
corrosion found in this area on the affected airplanes. Corrosion can 
occur regardless of whether the aircraft is in operation. In order to 
ensure that the unsafe condition specified in this AD does not go 
undetected if the airplane was not in operation for an extended period 
of time, the compliance is presented in calendar time instead of hours 
TIS.

Regulatory Flexibility Determination and Analysis

What Are the Requirements of the Regulatory Flexibility Act?

    The Regulatory Flexibility Act of 1980 was enacted by Congress to 
assure that small entities are not unnecessarily or disproportionately 
burdened by government regulations. This Act establishes ``as principle 
of regulatory issuance that agencies shall endeavor, consistent with 
the objectives of the rule and of applicable statutes, to fit 
regulatory and informational

[[Page 47686]]

requirements to the scale of the businesses, organizations, and 
governmental jurisdictions subject to regulation.'' To achieve this 
principle, the Act requires agencies to solicit and consider flexible 
regulatory proposals and to explain the rationale for their actions. 
The Act covers a wide range of small entities, including small 
businesses, not-for-profit organizations, and small governmental 
jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the determination is that the rule will, 
the Agency must prepare a regulatory flexibility analysis as described 
in the RFA.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the RFA provides that the 
head of the agency may so certify and a regulatory flexibility analysis 
is not required. The certification must include a statement providing 
the factual basis for this determination, and the reasoning should be 
clear.

What Is FAA's Determination?

    The FAA has determined that this AD could have a significant 
economic impact on a substantial number of small entities. However, we 
have determined that we should continue with this action in order to 
address the unsafe condition and ensure aviation safety.
    You may obtain a copy of the complete Regulatory Flexibility 
Analysis (entitled ``Final Regulatory Flexibility Analysis'') that was 
prepared for this AD from the Docket file at the location listed under 
the ADDRESSES section of this document.

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) could 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, 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:

2002-14-28  de Havilland Inc.: Amendment 39-12828; Docket No. 98-CE-
124-AD.
    (a) What airplanes are affected by this AD? This AD affects all 
serial numbers of Models DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. 
III airplanes that are 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 prevent structural failure of the front 
fuselage caused by corrosion or fatigue damage to the struts that 
develops over time, which could result in reduced or loss of control 
of 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) Replace each front        Initially replace     In accordance with
 fuselage strut with a new     upon accumulating     the applicable
 strut. Part numbers for       15 years on each      maintenance manual,
 existing and replacement      front fuselage        as specified in de
 front fuselage struts parts   strut or within the   Havilland Parts
 are presented in paragraph    next 12 calendar      Service Manual 1-2-
 (e) of this AD.               months after          2, Part 5,
                               September 6, 2002     Temporary Revision
                               (the effective date   2-22; and de
                               of this AD),          Havilland Parts
                               whichever occurs      Service Manual 1-2T-
                               later. Repetitively   2, Part 5,
                               replace thereafter    Temporary Revision
                               upon accumulating     2T-6, both dated
                               15 years on each      August 3, 1998.
                               front fuselage
                               strut.
------------------------------------------------------------------------

[[Page 47687]]

 
(2) As an alternative method  Initially inspect     For the detailed
 of compliance to the          upon accumulating     inspection, use an
 replacements in paragraph     15 years on each      inspection light,
 (d)(1) of this AD, you may    front fuselage        inspection mirror,
 repetitively inspect each     strut or within the   and 10X magnifying
 front fuselage strut, as      next 12 calendar      glass. For the
 follows:.                     months after          ultrasonic
(i) perform a detailed         September 6, 2002     inspection, use FAA-
 inspection of each front      (the effective date   approved procedures
 fuselage strut and all        of this AD),          that follow a
 fittings attached to the      whichever occurs      similar calibration
 frame for damage              later. Accomplish     and measures strut
 (corrosion, cracks, dents).   the repetitive        thickness to that
 When fatigue damage is        detailed inspection   detailed in
 found, you must replace the   thereafter at         Bombardier Service
 damaged strut. After each     intervals not to      Bulletin 2/49,
 inspection, clean the drain   exceed 12 months      Revision C.
 holes around the bottom end   and the ultrasonic
 fitting and protect the       thickness
 tube with an appropriate      measurement at
 corrosion preventive spray.   intervals not to
 Part numbers for existing     exceed 5 years.
 and replacement front         Accomplish the
 fuselage struts parts are     corrosion
 presented in paragraph (e)    prevention work
 of this AD.                   prior to further
(ii) perform an ultrasonic     flight after each
 thickness measurement of      inspection.
 all surface on each front     Accomplish the
 fuselage strut. When          replacement prior
 minimum thickness is below    to further flight
 0.030 inches, you must        after damage is
 replace the affected strut.   found or the
 Part numbers for existing     thickness is found
 and replacement front         below 0.030 inches.
 fuselage struts parts are     Then, after
 presented in paragraph (e)    replacement either
 of this AD.                   replace with a new
                               strut at 15-year
                               intervals
                               thereafter or
                               repetitively
                               inspect as
                               prescribed above
                               beginning at 15
                               years after each
                               replacement.
------------------------------------------------------------------------
(3) Do not install, on any    As of September 6,    Not Applicable.
 affected airplane, any        2002 (the effective
 front fuselage strut unless   date of this AD.
 it has a part number
 specified in the
 Replacement Part Number
 column of the chart
 presented in paragraph (e)
 of this AD.
------------------------------------------------------------------------

    (e) What part number front fuselage struts should I use for 
replacements? The following charts presents the part numbers for 
existing parts and replacement parts for the front fuselage strut 
replacements:

----------------------------------------------------------------------------------------------------------------
        Installed part No.          Replacement part No.                        Description
----------------------------------------------------------------------------------------------------------------
C2FS209 or C2FS3281A.............  C2FS3281A              Strut Assembly Front Fuselage, Left.
C2FS210 or C2FS3282A.............  C2FS3282A              Strut Assembly Front Fuselage, Right.
----------------------------------------------------------------------------------------------------------------

    (f) 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 (f) 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.

    (g) Where can I get information about any already-approved 
alternative methods of compliance? Contact Jon Hjelm, Aerospace 
Engineer, FAA, New York Aircraft Certification Office, 10 Fifth 
Street, Third Floor, Valley Stream, New York 11581; telephone: (516) 
256-7523; facsimile: (516) 256-2716.
    (h) 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.
    (i) How do I get copies of the documents referenced in this AD? 
You may direct technical questions to or get copies of the documents 
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 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 CF-
98-37R1, dated August 20, 1999.

    (j) When does this amendment become effective? This amendment 
becomes effective on September 6, 2002.

    Issued in Kansas City, Missouri, on July 15, 2002.
Dorenda D. Baker,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-18334 Filed 7-19-02; 8:45 am]
BILLING CODE 4910-13-P