[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Rules and Regulations]
[Pages 26013-26015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10252]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-222-AD; Amendment 39-13621; AD 2004-09-31]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-101, -102, -103, 
-106, -201, -202, -301, -311, and -315 Airplanes on Which Engine Oil 
Coolers Have Been Installed Per LORI, Inc., Supplemental Type 
Certificate (STC) SA8937SW

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-8-101, -102, -103, -106, -
201, -202, -301, -311, and -315 airplanes on which engine oil coolers 
have been installed per LORI, Inc., STC SA8937SW. This amendment 
requires an inspection or a review of the airplane maintenance records 
to determine the part number and serial number of each engine oil 
cooler, and replacement of certain engine oil coolers with reworked 
engine oil coolers. This action is necessary to prevent oil leakage 
from the engine oil coolers, consequent in-

[[Page 26014]]

flight engine shutdown due to low oil pressure, and reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective June 15, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of June 15, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from Honeywell Engines, Systems & Services, LORI, Inc., 6930 
N. Lakewood, Tulsa, Oklahoma 74117. This information may be examined at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; at the FAA, Rotorcraft Directorate, 2601 Meacham Boulevard, 
Fort Worth, Texas; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Jim Rankin, Aerospace Engineer, 
Special Certification Office, ASW-190, 2601 Meacham Boulevard, Fort 
Worth, Texas 76193; telephone (817) 222-5138; fax (817) 222-5785.

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-
101, -102, -103, -106, -201, -202, -301, -311, and -315 airplanes on 
which engine oil coolers have been installed per LORI, Inc., STC 
SA8937SW, was published in the Federal Register on January 26, 2004 (69 
FR 3533). That action proposed to require an inspection or a review of 
the airplane maintenance records to determine the part number and 
serial number of each engine oil cooler, and replacement of certain 
engine oil coolers with reworked engine oil coolers.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the one comment received.

Request To Revise ``AD Title''

    The commenter, Transport Canada Civil Aviation (TCCA), which is the 
airworthiness authority for Canada, requests changing the ``AD title'' 
of the proposed AD from ``Bombardier, Inc. (Formerly de Havilland, 
Inc.)'' to ``LORI, Inc.,'' to clarify that the proposed AD is written 
against supplemental type certificate (STC) SA8937SW, issued to LORI, 
Inc., and is not written against Bombardier airplanes.
    During a teleconference between the commenter and the FAA on 
February 6, 2004, the commenter also expressed concern regarding the 
applicability of the proposed AD. The commenter stated that the 
proposed AD, as written, would compel the issuance of a Canadian 
airworthiness directive because the applicability of our proposed AD 
identifies an airplane with a Canadian State of Design. The commenter 
mentioned that the applicability section may be misleading because the 
intent of the proposed AD is to address an unsafe condition created by 
the installation of the STC; the unsafe condition is not directly 
related to the Bombardier Model DHC-8 airplanes. The United States is 
the State of Design for the STC and Canada is the State of Design for 
the Bombardier airplanes.
    We concur with the commenter's statement that the intent of this 
final rule is to address an unsafe condition created by STC SA8937SW, 
issued to LORI, Inc. We do not concur with the commenter's request to 
change the product identification line (``AD title'') of this final 
rule from ``Bombardier, Inc. (Formerly de Havilland, Inc.)'' to ``LORI, 
Inc.'' The FAA's practice regarding unsafe conditions that result from 
the installation of a particular component in only one particular make 
and model of airplane, in this case Bombardier Model DHC-8 airplanes, 
is to issue an AD that applies to the affected airplane model. In doing 
so, U.S. operators of those airplanes will be notified directly of the 
unsafe condition and the action required to correct it. While we assume 
that operators can identify the airplane models they operate, they may 
not be aware of specific items installed on those airplanes. Therefore, 
specifying the airplane models in the applicability as the subject of 
the AD prevents an operator's ``unknowing failure to comply'' with the 
AD.
    We also recognize that an unsafe condition may exist in an item 
that is installed in many different airplane models. In that case, we 
consider it impractical to issue an AD against each airplane model; in 
fact, many times, the exact models and numbers of airplanes on which 
the item is installed may be unknown. Therefore, in those situations, 
we would issue an AD that would apply to the item and would indicate 
that the item is known to be ``installed on, but not limited to,'' 
various airplane models.
    During the teleconference on February 6, 2004, we mentioned that 
the proposed AD, specifically the applicability section, was written 
per our normal practice. We also advised TCCA that the issuance of the 
proposed AD would not compel them to issue a Canadian airworthiness 
directive, but that they may choose to issue an airworthiness directive 
at their own discretion. We notified TCCA that we will distribute this 
final rule to other civil airworthiness authorities, which eliminates 
the need for issuance of a corresponding Canadian airworthiness 
directive. No change is made to this final rule regarding this issue.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 19 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required inspection or review of the 
airplane maintenance records, and that the average labor rate is $65 
per work hour. Based on these figures, the cost impact of the AD on 
U.S. operators is estimated to be $1,235, or $65 per airplane.
    Should an operator have to replace an engine oil cooler, it will 
take approximately 3 work hours at an average labor rate of $65 per 
work hour. Required parts will be provided at no charge by the part 
manufacturer. Based on these figures, the cost impact of the 
replacement on U.S. operators is estimated to be $195 per engine oil 
cooler.
    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

[[Page 26015]]

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:

2004-09-31 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-13621. Docket 2003-NM-222-AD.

    Applicability: Model DHC-8-101, -102, -103, -106, -201, -202, -
301, -311, and -315 airplanes on which engine oil coolers have been 
installed per LORI, Inc., Supplemental Type Certificate SA8937SW; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent oil leakage from the engine oil coolers, consequent 
in-flight engine shutdown due to low oil pressure, and reduced 
controllability of the airplane, accomplish the following:

Identification of Part Number and Serial Number and Corrective Actions

    (a) Within 7 days after the effective date of this AD, do a 
review of airplane maintenance records, or a detailed inspection in 
accordance with the Accomplishment Instructions of Honeywell Service 
Bulletin 28E99-79-2036, dated September 23, 2002, to positively 
determine the part numbers (P/N) and serial numbers (S/N) of the 
engine oil coolers.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (1) If neither engine oil cooler has a S/N as listed in Table 1 
of the service bulletin: No further action is required by this 
paragraph.
    (2) If only one engine oil cooler has a S/N as listed in Table 1 
of the service bulletin: Within 90 days after the effective date of 
this AD, remove the affected part and install a part that has been 
reworked per the service bulletin.
    (3) If both engine oil coolers have S/Ns as listed in Table 1 of 
the service bulletin: Before further flight, remove at least one of 
the affected parts and install a part that has been reworked per the 
service bulletin. If only one affected part is replaced with a part 
that has been reworked, within 90 days after the effective date of 
this AD, remove the remaining affected part and install a part that 
has been reworked per the service bulletin.

Parts Installation

    (b) As of the effective date of this AD, no person shall install 
an engine oil cooler having a S/N as listed in Table 1 of Honeywell 
Service Bulletin 28E99-79-2036, dated September 23, 2002.

Special Flight Permit

    (c) Special flight permits with a limitation may be issued in 
accordance with sections 21.197 and 21.199 of the Federal Aviation 
Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a 
location where the requirements of this AD can be accomplished. The 
special flight permits would have a limitation of one affected 
engine oil cooler per airplane.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, Special 
Certification Office, Rotorcraft Directorate, FAA, is authorized to 
approve alternative methods of compliance for this AD.

Incorporation by Reference

    (e) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Honeywell Service Bulletin 28E99-79-2036, 
dated September 23, 2002. 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 
Honeywell Engines, Systems & Services, LORI, Inc., 6930 N. Lakewood, 
Tulsa, Oklahoma 74117. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; at 
the FAA, Rotorcraft Directorate, 2601 Meacham Boulevard, Fort Worth, 
Texas; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Effective Date

    (f) This amendment becomes effective on June 15, 2004.

    Issued in Renton, Washington, on April 28, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10252 Filed 5-10-04; 8:45 am]
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