[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Rules and Regulations]
[Pages 42581-42583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18083]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-391-AD; Amendment 39-13241; AD 2003-14-22 ]
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: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Bombardier Model DHC-8-102, -103, -106, -201, -
202, -301, -311, and -315 airplanes. This AD requires 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: Effective August 22, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 22, 2003.

ADDRESSES: The service information referenced in this AD 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; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

[[Page 42582]]


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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Bombardier Model DHC-8-
102, -103, -106, -201, -202, -301, -311, and -315 airplanes was 
published in the Federal Register on May 23, 2003 (68 FR 28177). That 
action proposed to require modification of the No. 3 electrical 
equipment panel behind the avionics rack, and modification of the No. 2 
propeller de-ice timer.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. We received no comments on the 
proposal or on the determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, we 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. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Revised Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    We estimate that 197 airplanes of U.S. registry will be affected by 
this proposed AD.
    It will take about 4 work hours per airplane to modify the No. 3 
electrical equipment panel behind the avionics rack, at an average 
labor rate of $65 per work hour. The cost for required parts will be 
minimal. Based on these figures, the cost impact of this modification 
on U.S. operators is estimated to be $51,220, or $260 per airplane.
    It will take about 2 work hours per airplane to modify the No. 2 
propeller de-ice timer, at an average labor rate of $65 per work hour. 
The cost for required parts will be minimal. Based on these figures, 
the cost impact of this modification on U.S. operators is estimated to 
be $25,610, or $130 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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 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.
    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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from 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

0
Accordingly, pursuant to 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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-14-22 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-13241. 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.

Incorporation by Reference

    (c) The actions must be done in accordance with Bombardier 
Service Bulletin 8-30-36, dated July 13, 2000; and Bombardier 
Service Bulletin 8-34-200, dated June 26, 2001; as applicable. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Bombardier, Inc., Bombardier 
Regional Aircraft Division, 123 Garratt Boulevard, Downsview, 
Ontario M3K 1Y5, Canada. Copies may be inspected 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; or at the 
Office of the Federal

[[Page 42583]]

Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

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

Effective Date

    (d) This amendment becomes effective on August 22, 2003.

    Issued in Renton, Washington, on July 11, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-18083 Filed 7-17-03; 8:45 am]
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