[Federal Register Volume 69, Number 78 (Thursday, April 22, 2004)]
[Rules and Regulations]
[Pages 21701-21703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9017]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-73-AD; Amendment 39-13585; AD 2004-05-01 R1]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising Airworthiness Directive (AD) 2004-05-01, 
which applies to certain Bombardier Inc. (formerly deHavilland Inc.) 
Model Otter DHC-3 airplanes that have turbine engines installed per one 
of three supplemental type certificates (STC). AD 2004-05-01 currently 
prohibits 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. The FAA has since 
evaluated concerns, comments, and technical information related to all 
three STC configurations. Based on that evaluation, we have determined 
that further evaluation is necessary for the STCs owned by Texas 
Turbines Conversions, Inc., and Canada Turbine Conversions, Inc. 
Therefore, we are removing reference to these STCs from the AD, and the 
AD will only apply to those Bombardier Inc. airplanes that incorporate 
STC No. SA3777NM (A.M. Luton installation of Pratt and Whitney PT6A-34/
-135 engine). After further evaluation, we may initiate rulemaking 
action regarding airplanes with the Texas Turbines Conversions, Inc., 
and Canada Turbine Conversions, Inc., STC configurations.

DATES: This AD becomes effective on May 25, 2004.
    On April 20, 2004 (69 FR 9523, March 1, 2004), the Director of the 
Federal Register previously approved the incorporation by reference of 
certain publications listed in the regulation.
    We must receive any comments on this AD by June 29, 2004.

ADDRESSES: Use one of the following to submit comments on this AD:
     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.
     By fax: (816) 329-3771.
     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 AD A.M. 
Luton 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: For Technical Questions Relating to 
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.For Administrative Questions Relating to This 
AD ACTION: Larry Werth, AD Coordinator, FAA, Small Airplane 
Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; 
telephone: (816) 329-4147; facsimile: (816) 329-4149.

SUPPLEMENTARY INFORMATION: Has FAA taken any action to this point? 
Several

[[Page 21702]]

reports of situations where pilots of Bombardier Inc. Model Otter DHC-3 
airplanes with installed turbine engines experienced buffeting of the 
elevators and declared an emergency and safely landed their aircraft 
caused FAA to issue AD 2004-05-01, Amendment 39-13493 (69 FR 9523, 
March 1, 2004). AD 2004-05-01 currently prohibits operation of any 
affected airplane that incorporates STC No. SA3777NM, STC No. 
SA09866SC, or STC No. SA09857SC without incorporation of STC No. 
SA01059SE. These STCs are as follows:
     STC No. SA3777NM (A.M. Luton installation of 
Pratt and Whitney PT6A-34/-135 engine);
     STC No. SA09866SC (Texas Turbines Conversions, 
Inc. installation of Honeywell TPE-331 engine);
     STC No. SA09857SC (Canada Turbine Conversions, 
Inc. installation of Walter M601E-11 engine); and
     STC No. SA01059SE (American Automotives, Inc. to 
incorporate a new elevator servo-tab and redundant control linkage).
    What has happened since AD 2004-05-01 to initiate this AD action? 
The FAA has since received and evaluated concerns, comments, and 
technical information related to all three STC configurations. Based on 
that evaluation, we have determined that further study is necessary for 
the STCs owned by Texas Turbines Conversions, Inc., and Canada Turbine 
Conversions, Inc.

FAA's Determination and Requirements of the AD

    What has FAA decided? Therefore, we have determined that reference 
to the STCs owned by Texas Turbines Conversions, Inc., and Canada 
Turbine Conversions, Inc. should be removed from the AD.
    What does this AD require? This AD revises AD 2004-05-01 by only 
requiring the actions on those Bombardier Inc. Model Otter DHC-3 
airplanes that incorporate STC No. SA3777NM (A.M. Luton installation of 
Pratt and Whitney PT6A-34/-135 engine) and do not have a new elevator 
servo-tab and redundant control linkage installed (American 
Automotives, Inc. STC No. SA01059SE).
    Does this mean the FAA cannot take regulatory action in the future? 
No. Removing the STCs owned by Texas Turbines Conversions, Inc., and 
Canada Turbine Conversions, Inc., from AD 2004-05-01 does not prevent 
us from issuing other regulatory action in the future on airplanes that 
incorporate these STCs.
    It also does not commit us to any future action. We will take 
appropriate regulatory action if (after evaluation of the situation on 
these two STCs) we determine that there is an unsafe condition.
    How does the revision to 14 CFR part 39 affect this 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.

Comments Invited

    Will I have the opportunity to comment before you issue the rule? 
This AD is a final rule that eliminates certain configurations that may 
have inadvertently grounded certain airplanes. In order to not 
inadvertently ground these airplanes, this action was not preceded by 
notice and an opportunity for public comment. It has no adverse 
economic impact and imposes no additional burden on any person than 
would have been necessary to do AD 2004-05-01.
    However, we invite you to submit any written relevant data, views, 
or arguments regarding this AD. 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. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of the rule 
that might suggest a need to modify it. If a person contacts us through 
a nonwritten communication, and that contact relates to a substantive 
part of this 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 the AD in light of those comments.

Regulatory Findings

    Will this AD impact various entities? We have determined that this 
AD will not have federalism implications under Executive Order 13132. 
This AD 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.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under 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. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2004-05-01, Amendment 39-13493 (69 FR 9523, March 1, 2004), and by 
adding a new AD to read as follows:

2004-05-01 R1 Bombardier Inc.: Amendment 39-13585; Docket No. 2000-
CE-73-AD; Revises AD 2004-05-01, Amendment 39-13493.

When Does This AD Become Effective?

    (a) This AD becomes effective on May 25, 2004.

Are Any Other ADs Affected By This Action?

    (b) This AD revises AD 2004-05-01, Amendment 39-13493.

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 Supplemental Type 
Certificate (STC) No. SA3777NM (A.M. Luton installation of Pratt and 
Whitney PT6A-34/-135 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

[[Page 21703]]

detaching from the servo trim tab and 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, which could cause severe elevator 
flutter. Such elevator flutter 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 do the following:

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Do not operate any airplane   Within 3 calendar   Not Applicable.
 that has a turbine engine         months after
 installed per STC No. SA3777NM    April 20, 2004
 and DOES NOT have an elevator     (the effective
 servo-tab and redundant control   date of AD 2004-
 linkage per STC No. SA01059SE.    05-01) or within
                                   250 hours time-in-
                                   service (TIS)
                                   after April 20,
                                   2004 (the
                                   effective date of
                                   AD 2004-05-01),
                                   whichever occurs
                                   first.
---------------------------------
(2) You may install at the same   Before further      Follow American
 time a turbine engine per STC     flight as of        Aeromotives, Inc.
 No. SA3777NM and a new elevator   April 20, 2004      DHC-3 Otter
 servo-tab and redundant control   (the effective      Service Letter
 linkage per STC No. SA01059SE.    date of AD 2004-    No. AAI-DHC3-
                                   05-01).             02.01, Revision
                                                       No. IR, dated
                                                       April 9, 2002.
---------------------------------
(3) You may operate an affected   Within 3 calendar   Follow American
 airplane installed with a         months after        Aeromotives, Inc.
 turbine engine per STC No.        April 20, 2004      DHC-3 Otter
 SA3777NM if you install a new     (the effective      Service Letter
 elevator servo-tab and            date of AD 2004-    No. AAI-DHC3-
 redundant control linkage per     05-01) or within    02.01, Revision
 STC No. SA01059SE.                250 hours time-in-  No. IR, dated
                                   service (TIS)       April 9, 2002.
                                   after April 20,
                                   2004 (the
                                   effective date of
                                   AD 2004-05-01),
                                   whichever occurs
                                   first.
---------------------------------
(4) Do not install a turbine      As of April 20,     Not Applicable.
 engine per STC No. SA3777NM,      2004 (the
 unless you have installed a new   effective date of
 elevator servo-tab and            AD 2004-05-01).
 redundant control linkage per
 STC No. SA01059SE.
------------------------------------------------------------------------

May I Request an Alternative Method 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 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Seattle Aircraft 
Certification Office (ACO), FAA.
    (1) For information on any already approved alternative methods 
of compliance (AMOCs), contact 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) AMOCs approved through AD 2004-05-01 are also considered 
approved for this AD.

Does This AD Incorporate Any Material by Reference?

    (g) You must do the actions required by this AD following the 
instructions in American Aeromotives, Inc. DHC-3 Otter Service 
Letter No. AAI-DHC3-02.01, Revision No. IR, dated April 9, 2002. On 
April 20, 2004 (69 FR 9523, March 1, 2004), the Director of the 
Federal Register previously approved the incorporation by reference 
of this service letter in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. You may get a copy from American Aeromotives, Inc., 3025 
Eldridge Avenue, Bellingham, Washington 98225, telephone: (360) 671-
7817; facsimile: (360) 671-7820. You may review copies at FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri 64106; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

    Issued in Kansas City, Missouri, on April 15, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9017 Filed 4-21-04; 8:45 am]
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