[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Proposed Rules]
[Pages 32695-32698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13658]


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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: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain 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; that would have required replacement 
of the elevator stop bumpers of the horizontal stabilizer with new 
bumpers. Among other actions, this new action revises the proposed rule 
by incorporating revised replacement intervals for the elevator stop 
bumpers into the applicable airworthiness limitation. 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 June 27, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport

[[Page 32696]]

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 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: 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

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain 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, was published as a notice of proposed rulemaking (NPRM) 
(hereafter referred to as ``the original NPRM'') in the Federal 
Register on December 2, 2002 (67 FR 71503). The original NPRM would 
have required replacement of the elevator stop bumpers of the 
horizontal stabilizer with new bumpers. The original NPRM was prompted 
by 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. That condition, if not corrected, could result in damage 
to the elevator trailing edge, which could result in jamming of the 
spring tab and consequent reduced controllability of the airplane.

Actions Since Issuance of Previous Proposal

    Due consideration has been given to the comments received in 
response to the original NPRM:
    Two commenters request that the service information listed in 
``Table--Bombardier Service Information'' of paragraph (a) of the 
original NPRM be revised. One commenter suggests referencing the 
revision number of the airworthiness limitation (AWL) at which the 
applicable temporary revisions (TR) were incorporated into the 
applicable product support manual (PSM) on a permanent basis. The other 
commenter suggests referencing de Havilland, Inc., task cards. Both 
commenters state that the TRs referenced in the original NPRM have been 
incorporated into the PSM and no longer exist. One commenter states 
that incorporating the AWL will relieve operators from having to 
immediately request approval for an alternative method of compliance.
    The FAA partially agrees. We agree with the commenters that the 
service information specified in the original NPRM needs to be revised. 
We have confirmed with both Transport Canada Civil Aviation (TCCA), 
which is the airworthiness authority for Canada, and the airplane 
manufacturer that, once TRs are incorporated into the PSM of an 
airplane, they are voided and no longer exist. However, we do not agree 
with the commenter to reference the revision number of the AWL. Neither 
TCCA nor we know the revision levels at which the new TRs AWL-84, AWL 
2-24, and AWL 3-91 will be incorporated into the PSM.
    Since the issuance of the original NPRM, TCCA issued Canadian 
airworthiness directive CF-2001-08R1, effective January 10, 2003 
(supersedes Canadian airworthiness directive CF-2001-08 issued on 
February 7, 2001, which was referenced in the original NPRM), in order 
to assure the continued airworthiness of the affected airplanes in 
Canada. The Canadian airworthiness directive requires revising the 
Transport Canada-approved maintenance schedule by incorporating revised 
replacement intervals for the elevator stop bumpers into the applicable 
AWL per the applicable de Havilland, Inc., TRs (which reference de 
Havilland, Inc., Dash 8 Maintenance Task Cards 2730/22) in the 
following table:

[[Page 32697]]



                                           Table.--Temporary Revisions
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                                                                                                          Of
               For model--                   de Havilland, Inc., TR--             Dated--            maintenance
                                                                                                        PSM--
----------------------------------------------------------------------------------------------------------------
DHC-8-102, -103, and -106 airplanes......  AWL-84.....................  December 20, 2002..........       1-8-7
DHC-8-201 and -202 airplanes.............  AWL 2-24...................  December 20, 2002..........      1-82-7
DHC-8-301, -311, and -315 airplanes......  AWL 3-91...................  December 20, 2002..........      1-83-7
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    The life-limit for the elevator stop bumpers specified in these new 
TRs (i.e., 6,000 flight hours or 3 years, whichever occurs first) is 
lower than that specified in the TRs referenced in the original NPRM 
(i.e., 12,000 flight hours or 5 years, whichever occurs first). 
Therefore, we have revised this supplemental NPRM to incorporate the 
applicable TRs, which specify replacement intervals for the elevator 
stop bumpers, into the AWL section of the Instructions for Continued 
Airworthiness.
    In addition, the Canadian airworthiness directive requires a phase-
in schedule for replacement of certain elevator stop bumpers, but does 
not specify service information for accomplishment of the replacement. 
Therefore, this supplemental NPRM would require the replacement of 
those elevator stop bumpers per the Procedures specified in de 
Havilland, Inc., Dash 8 Maintenance Task Cards 2730/22, dated April 25, 
2001 (for series 100, 200, and 300).
    Accomplishment of the actions specified in the applicable TR and 
task card is intended to adequately address the identified unsafe 
condition.

Explanation of Changes to 14 Code of Federal Regulations (CFR) Part 39

    On July 10, 2002, we issued a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs our AD system. The regulation now 
includes material that relates to altered products, special flight 
permits, and alternative methods of compliance (AMOC). Because we have 
now included this material in part 39, only the office authorized to 
approve AMOCs is identified in each individual AD. Therefore, Note 1 
and paragraph (c) of the original NPRM have been removed from this 
supplemental NPRM and paragraph (b) of the original NPRM has been 
revised accordingly.

Conclusion

    Since the AWL change expands the scope of the original NPRM, we 
have determined that it is necessary to reopen the comment period to 
provide additional opportunity for public comment.

Interim Action

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

Cost Impact

    We estimate 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.
    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:

Revision of Airworthiness Limitation (AWL) Section

    (a) For all airplanes: Within 30 days after the effective date 
of this AD, revise the AWL section of the Instructions for Continued 
Airworthiness by inserting a copy of the following applicable de 
Havilland, Inc., temporary revision into the AWL section:

[[Page 32698]]



                                          Table.--Temporary Revisions.
----------------------------------------------------------------------------------------------------------------
                                                                                                  Of maintenance
                                                                                                      program
               For model--                 de Havilland, Inc., TR--             Dated--           support manual
                                                                                                      (PSM)--
----------------------------------------------------------------------------------------------------------------
DHC-8-102, -103, and -106 airplanes.....  AWL-84....................  December 20, 2002.........           1-8-7
DHC-8-201 and -202 airplanes............  AWL 2-24..................  December 20, 2002.........          1-82-7
DHC-8-301, -311, -314, and -315           AWL 3-91..................  December 20, 2002.........          1-83-7
 airplanes.
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    (b) Thereafter, except as provided in paragraphs (c) and (d) of 
this AD, no alternative replacement intervals may be approved for 
the elevator stop bumpers.

Phase-In Replacement

    (c) For elevator stop bumpers that have accumulated more than 
5,000 total flight hours or have more than 30 months total time-in-
service as of the effective date of this AD: Within 6 months or 
1,000 flight hours after the effective date of this AD, whichever 
occurs first, 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 Procedures 
specified in the applicable de Havilland, Inc., Dash 8 Maintenance 
Task Card 2730/22, dated April 25, 2001 (for series 100, 200, and 
300). Repeat the replacement thereafter per the intervals specified 
in the AWL revision required by paragraph (a) of this AD.

Alternative Methods of Compliance

    (d) Per 14 CFR 39.19, the Manager, New York Aircraft 
Certification Office, FAA, is authorized to approved alternative 
methods of compliance for this AD.

    Note: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-08R1, effective January 10, 2003.


    Issued in Renton, Washington, on May 23, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-13658 Filed 5-30-03; 8:45 am]
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