[Federal Register Volume 67, Number 231 (Monday, December 2, 2002)]
[Proposed Rules]
[Pages 71503-71505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30347]



[[Page 71503]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-109-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, -103, and -
106 Airplanes; Model DHC-8-201 and -202 Airplanes; and Model DHC-8-301, 
-311, and -315 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 certain Bombardier airplanes. This 
proposal would require replacement of the elevator stop bumpers of the 
horizontal stabilizer with new bumpers. This action is necessary to 
prevent damage to the elevator trailing edge due to a broken or missing 
elevator stop bumper, which could result in jamming of the spring tab 
and consequent reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by January 2, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-109-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-109-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule 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 11581.

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:

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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-109-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. 2001-NM-109-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The FAA has received a report indicating that an elevator trim 
problem was detected on a Model DHC-8-100 series airplane due to a 
broken or missing elevator stop bumper. Investigation revealed that the 
damaged elevator was bent into the elevator spring tab, which resulted 
in the trim problem. Further investigation revealed that a broken or 
missing elevator stop bumper could lead to elevator over-travel and 
damage to the elevator trailing edge if the elevator impacts the top 
portion of the rudder. The damaged elevator could then cause the spring 
tab to jam.
    As a result of these findings, we informed Transport Canada Civil 
Aviation (TCCA), which is the airworthiness authority for Canada, that 
an unsafe condition may exist on Bombardier Model DHC-8 series 
airplanes. The subject components on certain Bombardier Model DHC-8-200 
and -300 series airplanes are identical to those on the affected Model 
DHC-8-100 series airplane. Therefore, all of these airplanes may be 
subject to the same unsafe condition.

Explanation of Relevant Service Information

    Bombardier has issued service information that describes procedures 
for replacing the left and right upper and lower elevator stop bumpers. 
The following table lists the service information for the specified 
airplane models:

------------------------------------------------------------------------
                                                     de Havilland Inc.
                                                    Temporary Revisions
                                                  (TRs), Task Nos. 2730/
                                                  22, all dated November
   Model DHC-8 series         Product support         6, 2000, of the
       airplanes--           manuals (PSMs)--          Airworthiness
                                                     Limitations Lists
                                                    (AWLs) of the DHC-8
                                                    Maintenance Program
                                                         Manual--
------------------------------------------------------------------------
-100....................  PSM 1-8-7.............  TR AWL-77
-200....................  PSM 1-82-7............  TR AWL 2-20
-300....................  PSM 1-83-7............  TR AWL 3-84
------------------------------------------------------------------------


[[Page 71504]]

    Accomplishment of the actions specified in the service information 
is intended to adequately address the identified unsafe condition.
    TCCA classified this service information as mandatory and issued 
Canadian airworthiness directive CF-2001-08, dated February 7, 2001, 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 previously. 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 accomplishment of 
the actions specified in the service information described previously, 
except as discussed below.

Differences Between the Proposed Rule and Canadian AD/Service 
Information

    Operators should note the following differences:
    [sbull] Although the Canadian airworthiness directive includes 
Bombardier Model DHC-8-314 airplanes, the applicability of this 
proposed rule does not include that airplane model, because it is not 
included on the most recent type certificate data sheet for the 
affected models. In addition, TCCA has confirmed that Model DHC-8-314 
airplanes are not certified for operation in the United States.
    [sbull] The Canadian airworthiness directive only specifies 
``replacing'' the elevator stop bumpers, and the procedures in the 
previously referenced TRs only specify ``discarding'' the bumpers. 
However, we have determined that it is necessary for this proposed rule 
to require replacement of the elevator stop bumpers with new bumpers. 
After contacting TCCA regarding this, they have agreed that it is 
appropriate to specify replacement with a new bumper, provided that it 
has the same part number as the existing bumper. Paragraph (a) of this 
proposed rule specifies such replacement action.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Cost Impact

    The FAA estimates that 195 Bombardier Model DHC-8-102, -103, and -
106 airplanes; Model DHC-8-201 and -202 airplanes; and Model DHC-8-301, 
-311, and -315 airplanes; of U.S. registry would be affected by this 
proposed AD, that it would take approximately 2 work hours per airplane 
to accomplish the proposed actions, and that the average labor rate is 
$60 per work hour. Based on these figures, the cost impact of the 
proposed AD on U.S. operators is estimated to be $23,400, or $120 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. 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 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 2001-NM-109-
AD.

    Applicability: Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 airplanes; certificated in any category; serial 
numbers 003 and subsequent.

    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 damage to the elevator trailing edge due to a broken 
or missing elevator stop bumper, which could result in jamming of 
the spring tab and consequent reduced controllability of the 
airplane, accomplish the following:

Replacement

    (a) At the time specified in paragraph (a)(1) or (a)(2) of this 
AD, as applicable, and thereafter at intervals not to exceed 12,000 
flight hours or 5 years since the last replacement, whichever occurs 
earlier, replace the left and right upper and lower elevator stop 
bumpers of the horizontal stabilizer with new bumpers having the 
same part numbers as the existing bumpers, per the applicable 
service information listed in the following table:

[[Page 71505]]



------------------------------------------------------------------------
                                                     de Havilland Inc.
                                                    temporary revisions
                                                  (TRs), task Nos. 2730/
                                                  22, all dated November
   Model DHC-8 series         Product support         6, 2000, of the
      airplaines--           manuals (PSMs)--      airplanes limitations
                                                    lists (AWLs) of the
                                                     DHC-8 maintenance
                                                     program manual--
------------------------------------------------------------------------
-100....................  PSM 1-8-7.............  TR AWL-77
-200....................  PSM 1-82-7............  TR AWL 2-20
-300....................  PSM 1-83-7............  TR AWL 3-84
------------------------------------------------------------------------

    (1) For airplanes that have accumulated 11,000 total flight 
hours or fewer as of the effective date of this AD: Prior to the 
accumulation of 12,000 total flight hours or within 5 years after 
the effective date of this AD, whichever occurs earlier.
    (2) For airplanes that have accumulated more than 11,000 total 
flight hours as of the effective date of this AD: Within 1,000 
flight hours or 6 months after the effective date of this AD, 
whichever occurs earlier.

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.

    Note 3: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-08, dated February 7, 2001.


    Issued in Renton, Washington, on November 20, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-30347 Filed 11-29-02; 8:45 am]
BILLING CODE 4910-13-P