[Federal Register Volume 69, Number 145 (Thursday, July 29, 2004)]
[Proposed Rules]
[Pages 45293-45295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17285]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18606; Directorate Identifier 2004-CE-17-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 all Bombardier Inc. Model (Otter) DHC-3 airplanes that have been 
modified by 524085 BC, Ltd. Supplemental Type Certificate (STC) Number 
ST01243NY. This proposed AD would require you to replace the existing 
Viking Air Ltd. elevator servo tab assembly with a redesigned Viking 
Air Ltd. elevator servo tab assembly. This proposed AD is the result of 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Canada. There has been one failure of the 
elevator servo tab assembly. We are issuing this proposed AD to prevent 
the structural failure of the elevator servo tab. This failure could 
lead to loss of control of the airplane.

DATES: We must receive any comments on this proposed AD by September 
21, 2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     DOT Docket web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You may get the service information identified in this proposed AD 
from Bombardier Inc., Regional Aircraft, 123 Garratt Boulevard, 
Downsview, Ontario, Canada M3K 1Y5.
    You may view the comments to this proposed AD in the AD docket on 
the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: David Lawson, Aerospace Engineer, ANE-
171, New York Aircraft Certification Office, 1600 Stewart Ave., Suite 
410, Westbury, NY 11590; telephone: 516-228-7327; facsimile: 516-794-
5531.

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 the 
docket number, ``FAA-2004-18606; Directorate Identifier, 2004-CE-17-
AD'' at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket web site, anyone 
can find and read the comments received into any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA-2004-18606. You may review the DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.
    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.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5227) is located on 
the plaza level of the Department of Transportation NASSIF Building at 
the street address stated in ADDRESSES. You may also view the AD docket 
on the Internet at http://dms.dot.gov. The comments will be available 
in the AD docket shortly after the DMS receives them.

Discussion

    What events have caused this proposed AD? Transport Canada, which 
is the airworthiness authority for Canada, recently notified FAA that 
an unsafe condition may exist on certain Bombardier Inc. Model (Otter) 
DHC-3 airplanes that incorporate 524085 BC, Ltd. STC Number ST01243NY. 
Transport Canada reports one incident of structural failure of the 
elevator servo tab balance assembly.
    What is the potential impact if FAA took no action? Vibration may 
cause structural failure of the elevator servo

[[Page 45294]]

tab. This failure could lead to loss of control of the airplane.
    Is there service information that applies to this subject? Viking 
has issued Service Bulletin Number V3/01, dated March 6, 2002.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

    --Removing the existing elevator servo tab assembly;
    --Installing the new elevator servo tab assembly (PN V3TE1137-1); 
and
    --Balancing the elevator servo tab assembly.

    What action did Transport Canada take? Transport Canada classified 
this service bulletin as mandatory and issued Canadian AD Number CF-
2002-48, dated November 21, 2002, to ensure the continued airworthiness 
of these airplanes in Canada.
    Did Transport Canada inform the United States under the bilateral 
airworthiness agreement? These Bombardier Inc. Model (Otter) DHC-3 
airplanes 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.
    Under this bilateral airworthiness agreement, Transport Canada has 
kept us informed of the situation described above.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have examined Transport Canada's findings, 
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.
    Since the unsafe condition described previously is likely to exist 
or develop on other Bombardier Inc. Model (Otter) DHC-3 airplanes of 
the same type design that are registered in the United States, we are 
proposing AD action to prevent structural failure of the elevator servo 
tab. This failure could lead to loss of control of the airplane.
    What would this proposed AD require? This proposed AD would require 
you to incorporate the actions in the previously-referenced service 
bulletin.
    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 11 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:

----------------------------------------------------------------------------------------------------------------
                                                                                  Total cost per   Total cost on
                  Labor cost                               Parts cost                airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
7.5 workhours x $65 per hour = $488...........  $2,630 (The operator may return           $3,118         $34,298
                                                 the original parts to Viking
                                                 Air Ltd. for credit.).
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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 FAA-2004-18606; Directorate Identifier 2004-CE-17-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. FAA-2004-18606; Directorate Identifier 
2004-CE-17-AD

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

    (a) We must receive comments on This proposed airworthiness 
directive (AD) by September 21, 2004.

What Other ADs Are Affected By This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models and serial 
numbers that are certificated in any category: All Bombardier Inc. 
Model (Otter) DHC-3 airplanes incorporating 524085 BC, Ltd. 
Supplemental Type Certificate Number ST01243NY.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of one incident of structural failure 
of the elevator servo tab balance assembly. The actions specified in 
this AD are intended to prevent the structural failure of the 
elevator servo tab, which could lead to loss of control of the 
airplane.

What Must I Do To Address This Problem?

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

[[Page 45295]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Replace the elevator      Replace the elevator  Follow Viking Air
 servo tab assembly,           servo tab assembly    Ltd. Service
 consisting of the following   within 300 hours      Bulletin V3/01,
 Part Numbers (P/N), with      time-in-service       dated March 6,
 the redesigned elevator       (TIS) after the       2002.
 servo tab assembly, P/N       effective date of
 V3TE1137-1:                   this AD.
(i) P/N C3TE13-12...........
(ii) P/N VALTOC1136-2.......
(iii) P/N NAS40-2A-LT.......
(2) Balance the servo tab     After installation    Follow Viking Air
 assembly to achieve a nose    of the redesigned     Ltd. Service
 heavy static moment within    servo tab assembly,   Bulletin V3/01,
 the limits set by Viking      balance prior to      dated March 6,
 Air Ltd. Service Bulletin     further flight.       2002.
 V3/01, dated March 6, 2002
(3) Do not install any of     The part numbers      Not applicable.
 the following part numbers:   should not be
(i) P/N C3TE13-12...........   installed as of the
(ii) P/N VALTOC1136-2.......   effective date of
(iii) P/N NAS40-2A-LT.......   this AD.
------------------------------------------------------------------------

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, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact David Lawson, Aerospace 
Engineer, ANE-171, New York Aircraft Certification Office, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone: 516-228-
7327; facsimile: 516-794-5531.

May I Get Copies of the Documents Referenced in This AD?

    (g) You may get copies of the documents referenced in this AD 
from Bombardier Inc., Regional Aircraft, 123 Garratt Boulevard, 
Downsview, Ontario, Canada M3K 1Y5. You may view the AD docket at 
the Docket Management Facility; U.S. Department of Transportation, 
400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, 
DC, or on the Internet at http://dms.dot.gov.

Is There Other Information That Relates to This Subject?

    (h) Transport Canada Airworthiness Directive Number CF-2002-48, 
dated November 21, 2002, and Viking Air Ltd. Service Bulletin Number 
V3/01, dated March 6, 2002, also address the subject of this AD.

    Issued in Kansas City, Missouri, on July 22, 2004.
Dorenda D. Baker,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-17285 Filed 7-28-04; 8:45 am]
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