[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Proposed Rules]
[Pages 17113-17115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7285]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-331-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).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to Bombardier Model DHC-8-102, -103, 
-106, -201, -202, -301, -311, and -315 airplanes. This proposal would 
require rework/retrofit of the wardrobe shelf assembly. This action is 
necessary to prevent the wardrobe shelf and attached equipment 
separating from the attachment in the event of a hard landing, which 
could impede the egress of passengers in the event of an emergency 
evacuation. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by May 3, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-331-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-331-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

[[Page 17114]]

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, 1600 Stewart Avenue, suite 410, Westbury, New York.

FOR FURTHER INFORMATION CONTACT: Leung Lee, Aerospace Engineer, Systems 
and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification 
Office, 1600 Stewart Avenue, Westbury, Suite 410, New York 11590; 
telephone (516) 228-7309; fax (516) 794-5531.

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:
     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.
     For each issue, state what specific change to 
the proposed AD is being requested.
     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-331-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-331-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 that the retention system 
of the upper wardrobe shelf attachments was found to be under strength. 
This condition, if not corrected, could result in the wardrobe shelf 
and attached equipment separating from the attachment in the event of a 
hard landing, which could impede the egress of passengers in the event 
of an emergency evacuation.

Explanation of Relevant Service Information

    Bombardier has issued Service Bulletin 8-25-311, Revision `B,' 
dated December 15, 2000, which describes procedures for rework/retrofit 
of the wardrobe shelf assembly. Accomplishment of the actions specified 
in the service bulletin is intended to address the identified unsafe 
condition. TCCA classified this service bulletin as mandatory and 
issued Canadian airworthiness directive CF-2001-17, effective June 15, 
2001, to ensure 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 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 bulletin described previously.

Cost Impact

    The FAA estimates that 18 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 20 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Required parts would cost 
approximately $1,387 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be $48,366, 
or $2,687 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.

[[Page 17115]]

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-331-
AD.

    Applicability: Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 airplanes, serial numbers 452, 464, 490, 506, 508 
through 531 inclusive, and 535; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the wardrobe shelf and attached equipment separating 
from the attachment in the event of a hard landing, which could 
impede the egress of passengers in the event of an emergency 
evacuation, accomplish the following:

Rework/Retrofit

    (a) Within 12 months after the effective date of this AD, 
rework/retrofit the wardrobe shelf assembly per the Accomplishment 
Instructions of Bombardier Service Bulletin 8-25-311, Revision `B,' 
dated December 15, 2000.
    (b) Rework/retrofit of the wardrobe shelf assembly accomplished 
before the effective date of this AD per Bombardier Service Bulletin 
8-25-311, dated December 14, 1999; or Revision `A,' dated February 
8, 2000; is acceptable for compliance with the requirements of 
paragraph (a) of this AD.

Alternative Methods of Compliance

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

    Note 1: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-17, effective June 15, 2001.


    Issued in Renton, Washington, on March 24, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-7285 Filed 3-31-04; 8:45 am]
BILLING CODE 4910-13-P