[Federal Register Volume 68, Number 214 (Wednesday, November 5, 2003)]
[Proposed Rules]
[Pages 62545-62548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27847]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-73-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Inc. Model Otter DHC-3 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier Inc. (formerly deHavilland Inc.) Model Otter 
DHC-3 airplanes that have turbine engines

[[Page 62546]]

installed per one of three supplemental type certificates (STC). This 
proposed AD would prohibit you from operating any affected airplane 
with these engine and propeller configurations unless a new STC for an 
elevator servo-tab with a redundant control linkage is installed. This 
proposed AD also allows the option of future installations of one of 
three STCs if a new STC for an elevator servo-tab with a redundant 
control linkage is also installed. This proposed AD is the result of 
reports of the control rod to the servo trim tab system detaching from 
the servo trim tab, which caused the servo trim tab to flutter on 
airplanes with a turbine engine installed. We are issuing this proposed 
AD to prevent a single failure of the elevator servo trim tab system, 
which could cause severe elevator flutter. Such failure could lead to 
possible loss of control of the airplane.

DATES: We must receive any comments on this proposed AD by December 15, 
2003.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
    [sbull] By mail: FAA, Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 2000-CE-73-AD, 901 Locust, Room 
506, Kansas City, Missouri 64106.
    [sbull] By fax: (816) 329-3771.
    [sbull] By e-mail: [email protected]. Comments sent 
electronically must contain ``Docket No. 2000-CE-73-AD'' in the subject 
line. If you send comments electronically as attached electronic files, 
the files must be formatted in Microsoft Word 97 for Windows or ASCII.
    You may get the service information identified in this proposed AD 
from:
    [sbull] For STC No. SA3777NM: A.M. Luton 3025 Eldridge Avenue, 
Bellingham, Washington, 98225; telephone (360) 671-7817; facsimile 
(360) 671-7820.
    [sbull] For STC No. SA09866SC: Texas Turbine Conversions, Inc., 
8955 CR 135, Celina Texas 75009; telephone: (972) 382-4402; facsimile: 
(972) 382-4402.
    [sbull] For STC No. SA09857SC: Canada Turbine Conversions, Inc., 
Lot 16, 105081 Highway 11, Pine Falls MB ROE 1MO, Canada.
    [sbull] For STC No. SA01059SE: American Aeromotives, Inc. (American 
Aeromotives), 3025 Eldridge Avenue, Bellingham, Washington 98225, 
telephone: (360) 671-7817; facsimile: (360) 671-7820.
    You may view the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2000-CE-73-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
    [sbull] For STC No. SA3777NM or STC No. SA01059SE: Richard 
Simonson, Aerospace Engineer, FAA, Seattle Aircraft Certification 
Office (ACO), 1601 Lind Avenue, SW, Renton, Washington 98055; 
telephone: (425) 917-6507; facsimile: (425) 917-6590.
    [sbull] For STC No. SA09866SC: Richard Karanian, Aerospace 
Engineer, Special Certification Office, FAA, Rotorcraft Directorate, 
Special Certification Office, 2601 Meacham Boulevard, Fort Worth, Texas 
76193-0190; telephone: (817) 222-5195; facsimile: (817) 222-5959.
    [sbull] For STC No. SA09857SC: Peter W. Hakala, Aerospace Engineer, 
FAA, Special Certification Office, Rotorcraft Directorate, 2601 Meacham 
Boulevard, Fort Worth, Texas 76193-0190; telephone: (817) 222-5145; 
facsimile: (817) 222-5785.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include ``AD 
Docket No. 2000-CE-73-AD'' in the subject line of your comments. If you 
want us to acknowledge receipt of your mailed comments, send us a self-
addressed, stamped postcard with the docket number written on it. We 
will date-stamp your postcard and mail it back to you.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed AD, we will 
summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend this 
proposed AD in light of those comments and contacts.

Discussion

    What events have caused this proposed AD? The FAA has received 
several reports of situations where pilots of Bombardier Inc. Model 
Otter DHC-3 airplanes with installed turbine engines have experienced 
buffeting of the elevators. All pilots declared an emergency and safely 
landed their aircraft.
    Investigation found that the control rod to the servo trim tab 
system detached from the servo trim tab and caused the servo trim tab 
to flutter. In all cases, the aircraft had been modified with a Pratt 
and Whitney PT6A-135 or a PT6A-34 turbine engine per STC No. SA3777NM.
    The certification basis for STC SA3777NM includes freedom from 
flutter and control reversal and divergence, required by 14 CFR 
23.629(f)(1). Further review reveals that this requirement was not 
complied with when the STC was issued. Subsequent to the issuance of 
the STC, single failures of the control system for the servo tab began 
causing the servo tab to flutter. The failures were attributed to the 
increased velocity and airflow over the servo tab caused by the turbine 
conversion.
    As a method of compliance with 14 CFR 23.629(f)(1), American 
Aeromotives has identified the installation of STC No. SA01059SE (a new 
elevator servo-tab and redundant control linkage) on aircraft modified 
with a Pratt and Whitney PT6A-34/-135 turbine engine per STC No. 
SA3777NM.
    FAA has inspected affected airplanes with STC No. SA09866SC or STC 
No. SA09857SC installed and confirmed that the same unsafe condition 
exists. At this time, neither of these two STC holders has identified a 
method of compliance with 14 CFR 23.629(f)(1).
    As a method of compliance with 14 CFR 23.629(f)(1), FAA has 
identified the installation of STC No. SA01059SE (a new elevator servo-
tab and redundant control linkage) on aircraft modified with STC No. 
SA09866SC or STC No. SA09857SC.
    What are the consequences if the condition is not corrected? A 
single failure of the elevator servo trim tab system could cause severe 
elevator flutter and lead to possible loss of control of the airplane.
    Is there service information that applies to this subject? American 
Aeromotives has issued Service Letter No. AAI-DHC3-02.01, Revision No: 
IR, dated April 9, 2002.
    What are the provisions of this service information? The service 
letter includes procedures for incorporating STC No. SA01059SE, which 
includes a new elevator servo-tab and redundant control linkage.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have evaluated all pertinent information 
and identified an unsafe condition that is likely to exist or develop 
on other products of this same type design. Therefore, we are proposing 
AD action.

[[Page 62547]]

    What would this proposed AD require? This proposed AD would 
prohibit you from operating any affected airplane that incorporates STC 
No. SA3777NM, STC No. SA09866SC, or STC No. SA09857SC without 
incorporation of STC No. SA01059SE.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs FAA's AD system. This regulation 
now includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 32 airplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected airplanes? We estimate the following costs to 
accomplish this proposed modification (on Model DHC-3 airplanes with a 
turbine engine) for installing STC No. SA01059SE, a new elevator servo-
tab and redundant control linkage. We have no way of determining the 
number of airplanes that may need such modification:

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                Labor cost                   Parts cost                   Total cost per airplane
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20 workhours x $65 per hour = $1,300......       $3,000   $1,300+$3,000 = $4,300.
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Compliance Time of This Proposed AD

    What would be the compliance time of this proposed AD? The 
compliance time of this proposed AD is within 3 calendar months or 250 
hours time-in-service after the effective date of this AD whichever 
occurs first.
    Why is the compliance time of this proposed AD presented in both 
hours TIS and calendar time? A single failure of the elevator servo 
trim tab system is a direct result of airplane operation with a turbine 
engine installed. For example, a single failure of the elevator servo 
trim tab system could occur on an affected airplane within a short 
period of airplane operation while you could operate another affected 
airplane for a considerable amount of time without experiencing a 
single failure of the elevator servo trim tab system. Therefore, to 
assure that a single failure of the elevator servo trim tab system is 
detected and corrected in a timely manner without inadvertently 
grounding any of the affected airplanes, we are using a compliance time 
based upon both hours TIS and calendar time.

Regulatory Findings

    Would this proposed AD impact various entities? We have determined 
that this proposed AD would not have federalism implications under 
Executive Order 13132. This proposed AD 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.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
AD:
    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. 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.
    We prepared a summary of the costs to comply with this proposed AD 
and placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket No. 2000-CE-73-AD'' in your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Bombardier Inc.: Docket No. 2000-CE-73-AD.

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by December 15, 2003.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects any Model Otter DHC-3 airplane (all serial 
numbers) that:
    (1) Has a turbine engine installed per:
    (i) Supplemental Type Certificate (STC) No. SA3777NM (A.M. Luton 
installation of Pratt and Whitney PT6A-34/-135 engine);
    (ii) STC No. SA09866SC (Texas Turbines Conversions, Inc. 
installation of Honeywell TPE-331 engine); or
    (iii) STC No. SA09857SC (Canada Turbine Conversions, Inc. 
installation of Walter M601E-11 engine); and
    (2) Is certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of reports of the control rod to the 
servo trim tab system detached from the servo trim tab causing the 
servo trim tab to flutter on airplanes with a turbine engine 
installed. The actions specified in this AD are intended to prevent 
a single failure of the elevator servo trim tab system causing 
severe elevator flutter. Such failure could lead to possible loss of 
control of the airplane.

What Must I Do To Address This Problem?

    (e) To address this problem, you must accomplish the following:

[[Page 62548]]



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             Actions                             Compliance                              Procedures
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(1) Do not operate any airplane    As of 3 calendar months or 250 hours    Not Applicable.
 that has a turbine engine          time-in-service after the effective
 installed per: STC No. SA3777NM,   date of this AD, whichever comes
 SA09866SC, or SA09857SC and DOES   first.
 NOT have a new elevator servo-
 tab and redundant control
 linkage per STC No. SA01059SE.
(2) You may install at the same    Prior to further flight as of the       Per STC No. SA3777NM and American
 time a turbine engine per STC      effective date of this AD.              Aeromotives, Inc. DHC-3 Otter
 No. SA3777NM, SA09866SC, or                                                Service Letter No. AAI-DHC3-02.01,
 SA09857SC and a new elevator                                               Revision No. IR, dated April 9,
 servo-tab and redundant control                                            2002.
 linkage per STC No. SA01059SE.
(3) You may operate an affected    Within 3 calendar months or 250 hours   Per American Aeromotives, Inc. DHC-3
 airplane installed with a          time-in-service after the effective     Otter Service Letter No. AAI-DHC3-
 turbine engin per STC No.          date of this AD, whichever occurs       02.01, Revision No. IR, dated April
 SA3777NM, SA09866SC, or            first.                                  9, 2002.
 SA09857SC if you install a new
 elevator servo-tab and redundant
 control linkage per STC No.
 SA01059SE.
(4) Do not install a turbine       As of the effective date of this AD.    Not Applicable.
 engine per STC No. SA3777NM,
 SA09866SC or SA09857SC, unless
 you have installed a new
 elevator servo-tab and redundant
 control linkage per STC No.
 SA01059SE.
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What About Alternative Methods of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.13. Send your request to the Manager, Seattle Aircraft 
Certification Office (ACO), FAA. For information on any already 
approved alternative methods of compliance, contact:
    (1) For STC No. SA3777NM or STC No. SA01059SE: Richard Simonson, 
Aerospace Engineer, FAA, Seattle Aircraft Certification Office 
(ACO), 1601 Lind Avenue, SW, Renton, Washington 98055; telephone: 
(425) 917-6507; facsimile: (425) 917-6590.
    (2) For STC No. SA09866SC: Richard Karanian, Aerospace Engineer, 
Special Certification Office, FAA, Rotorcraft Directorate, Special 
Certification Office, 2601 Meacham Boulevard, Fort Worth, Texas 
76193-0190; telephone: (817) 222-5195; facsimile: (817) 222-5959.
    (3) For STC No. SA09857SC: Peter W. Hakala, Aerospace Engineer, 
FAA, Special Certification Office, Rotorcraft Directorate, 2601 
Meacham Boulevard, Fort Worth, Texas 76193-0190; telephone: (817) 
222-5145; facsimile: (817) 222-5785.

How Do I Get Copies of the Documents Referenced in This AD?

    (g) You may get copies of the documents referenced in this AD 
from (for STC No. SA3777NM) A.M. Luton, 3025 Eldridge Avenue, 
Bellingham, Washington, 98225; telephone (360) 671-7817; facsimile 
(360) 671-7820 (for STC No. SA09866SC) Texas Turbine Conversions, 
Inc., 8955 CR 135, Celina Texas 75009; telephone: (972) 382-4402; 
facsimile: (972) 382-4402; (for STC No. SA09857SC) Canada Turbine 
Conversions, Inc., Lot 16, 105081 Highway 11, Pine Falls MB ROE 1MO, 
Canada; and (for STC No. SA01059SE) American Aeromotives, Inc., 3025 
Eldridge Avenue, Bellingham, Washington 98225, telephone: (360) 671-
7817; facsimile: (360) 671-7820. You may view these documents at 
FAA, Central Region, Office of the Regional Counsel, 901 Locust, 
Room 506, Kansas City, Missouri 64106.

    Issued in Kansas City, Missouri, on October 29, 2003.
Dorenda D. Baker,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-27847 Filed 11-4-03; 8:45 am]
BILLING CODE 4910-13-P