[Federal Register Volume 68, Number 100 (Friday, May 23, 2003)]
[Proposed Rules]
[Pages 28177-28179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12964]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-391-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106, 
-201, -202, -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 Model DHC-8-
102, -103, -106, -201, -202, -301, -311, and -315 airplanes. This 
proposal would require modification of the No. 3 electrical equipment 
panel behind the avionics rack, and modification of the No. 2 propeller 
de-ice timer. This action is necessary to prevent incorrect altitude 
information transmitted by the Mode S transponder and simultaneous loss 
of the Traffic Alert and Collision Avoidance System (TCAS), and 
increasing the possibility of an air traffic conflict. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by June 23, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-391-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

[[Page 28178]]

via fax or the Internet must contain ``Docket No. 2001-NM-391-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 or 2000 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 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.

FOR FURTHER INFORMATION CONTACT: Douglas G. Wagner, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York 11581; telephone (516) 256-7506; 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-391-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-391-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified the FAA that an unsafe condition may 
exist on certain Bombardier Model DHC-8-102, -103, -106, -201, -202, -
301, -311, and -315 airplanes. TCCA advises of two reports of chafing 
of the wire bundle containing altitude encoding information on the No. 
2 propeller de-ice timer. This condition, if not corrected, could 
result in incorrect altitude information transmitted by the Mode S 
transponder and simultaneous loss of the Traffic Alert and Collision 
Avoidance System (TCAS), and increasing the possibility of an air 
traffic conflict.

Explanation of Relevant Service Information

    Bombardier has issued Service Bulletin 8-34-200, dated June 26, 
2001, which describes procedures for modifying the No. 3 electrical 
equipment panel behind the avionics rack. The modification includes 
changing the spacer lengths for the installation of the propeller timer 
units and the main harness run, and securing the wiring and harness in 
close proximity by installing 5 tie wraps to avoid fouling conditions.
    Bombardier also has issued Service Bulletin 8-30-36, dated July 13, 
2000, which describes procedures for modification of the No. 2 
propeller de-ice timer to ensure adequate clearance from adjacent wire 
runs. The modification involves replacing the existing spacers that 
support the No. 2 propeller de-ice timer with shorter spacers. This 
will increase the gap between the timer and the avionics cable and 
prevent fouling conditions.
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition. TCCA 
classified these service bulletins as mandatory and issued Canadian 
airworthiness directive CF-2001-38, dated October 11, 2001, to ensure 
the continued airworthiness of these airplanes in Canada.

FAA's Conclusions

    This airplane model is manufactured in Canada and is 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 above. 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 bulletins described previously. 
The actions would be required to be accomplished in accordance with the 
service bulletins described previously.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. Because we have now included this material in part 39, we 
no longer need to include it in each individual AD.

Cost Impact

    The FAA estimates that 197 Model DHC-8-102, -103, -106, -201, -202, 
-301, -311, and -315 airplanes of U.S. registry would be affected by 
this proposed AD.
    It would take approximately 4 work hours per airplane to accomplish 
the proposed modification of the No. 3 electrical equipment panel 
behind the avionics rack, at an average labor rate of $60 per work 
hour. The cost for required parts would be minimal. Based on these 
figures, the cost impact of this proposed modification on U.S. 
operators is estimated to be $47,280, or $240 per airplane.

[[Page 28179]]

    It would take approximately 2 work hours per airplane to accomplish 
the proposed modification of the No. 2 propeller de-ice timer, at an 
average labor rate of $60 per work hour. The cost for required parts 
would be minimal. Based on these figures, the cost impact of this 
proposed modification on U.S. operators is estimated to be $23,640, or 
$120 per airplane.
    The cost impact figures discussed above are 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-391-
AD.

    Applicability: Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 airplanes; certificated in any category; having serial 
numbers 003 through 559 inclusive.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent incorrect altitude information transmitted by the 
Mode S transponder and simultaneous loss of the Traffic Alert and 
Collision Avoidance System (TCAS), and increasing the possibility of 
an air traffic conflict, accomplish the following:

Modifications

    (a) Within 6 months after the effective date of this AD, 
accomplish the actions specified in paragraphs (a)(1) and (a)(2) of 
this AD.
    (1) Modify the No. 3 electrical equipment panel behind the 
avionics rack (including changing the spacer lengths for the 
installation of the propeller timer units and the main harness run, 
and securing the wiring and harness in close proximity by installing 
5 tie wraps to avoid fouling conditions) per Bombardier Service 
Bulletin 8-34-200, dated June 26, 2001.
    (2) Modify the No. 2 propeller de-ice timer (including replacing 
the existing spacers that support the timer with shorter spacers) 
per Bombardier Service Bulletin 8-30-36, dated July 13, 2000.

Alternative Methods of Compliance

    (b) In accordance with 14 CFR 39.19, the Manager, New York 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance for this AD.

    Note 1: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-38, dated October 11, 2001.


    Issued in Renton, Washington, on May 19, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-12964 Filed 5-22-03; 8:45 am]
BILLING CODE 4910-13-P