[Federal Register Volume 69, Number 124 (Tuesday, June 29, 2004)]
[Rules and Regulations]
[Pages 38815-38816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14322]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-331-AD; Amendment 39-13692; AD 2004-13-10]
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, that requires 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: Effective August 3, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 3, 2004.

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, 1600 Stewart Avenue, suite 410, Westbury, New York; 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: 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: 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 April 1, 2004 (69 FR 17113). That 
action proposed to require rework/retrofit of the wardrobe shelf 
assembly.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's 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.

Cost Impact

    The FAA estimates that 18 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 20 work hours per 
airplane to accomplish the required actions, and that the average labor 
rate is $65 per work hour. Required parts will cost approximately 
$1,387 per airplane. Based on these figures, the cost impact of the 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 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:

2004-13-10 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-13692. 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,

[[Page 38816]]

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.

Incorporation by Reference

    (d) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Bombardier Service Bulletin 8-25-311, 
Revision `B,' dated December 15, 2000. 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, 1600 Stewart Avenue, suite 410, 
Westbury, New York; 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.

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

Effective Date

    (e) This amendment becomes effective on August 3, 2004.

    Issued in Renton, Washington, on June 16, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-14322 Filed 6-28-04; 8:45 am]
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