[Federal Register Volume 70, Number 44 (Tuesday, March 8, 2005)]
[Proposed Rules]
[Pages 11168-11170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4407]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20481; Directorate Identifier 2004-NM-183-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106, 
-201, -202, -301, -311, and -315 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 airplanes. This proposed AD would require operators to 
install torque tube catchers on the control columns of the flight 
controls. This proposed AD is prompted by the discovery that a single 
malfunction of the torque tube could result in both flight control 
columns being supported by only one self-aligning bearing. We are 
proposing this AD to prevent the torque tube from fouling against the 
underfloor control cables, which could result in reduced 
controllability of the airplane.

DATES: We must receive comments on this proposed AD by April 7, 2005.

ADDRESSES: Use one of the following addresses 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.
     By fax: (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.
    For service information identified in this proposed AD, contact 
Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt 
Boulevard, Downsview, Ontario M3K 1Y5, Canada.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department

[[Page 11169]]

of Transportation, 400 Seventh Street SW., room PL-401, on the plaza 
level of the Nassif Building, Washington, DC. This docket number is 
FAA-2005-20481; the directorate identifier for this docket is 2004-NM-
183-AD.

FOR FURTHER INFORMATION CONTACT: Ezra Sasson, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New 
York 11590; telephone (516) 228-7320; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20481; 
Directorate Identifier 2004-NM-183-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those 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 AD. Using the search function of our 
docket website, anyone can find and read the comments in 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.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified us 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 a single shear failure in the 
torque tube of the control column, inboard of the self-aligning 
bearings on the affected airplanes, could result in the pilot's and co-
pilot's control column being supported by only one self-aligning 
bearing. This condition, if not corrected, could cause the torque tube 
to foul against the underfloor control cables and result in reduced 
controllability of the airplane.

Relevant Service Information

    Bombardier has issued Service Bulletin S.B.8-27-90, dated October 
28, 2003, which describes procedures for installing torque tube 
catchers on the control columns of the flight controls. Accomplishing 
the actions specified in the service information is intended to 
adequately address the unsafe condition. TCCA mandated the service 
information and issued airworthiness directive CF-2004-08, dated April 
20, 2004, to ensure the continued airworthiness of these airplanes in 
Canada.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined TCCA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States. Therefore, we are proposing this AD, 
which would require operators to install torque tube catchers on the 
control columns of the flight controls. The proposed AD would require 
you to use the Bombardier service information described previously to 
perform these actions, except as discussed under ``Difference Between 
the Proposed AD and Canadian AD.''

Difference Between the Proposed AD and Canadian Airworthiness Directive

    While the Canadian airworthiness directive applies to certain Model 
DHC-8-102, -103, -106, -201, -202, -301, -311, -314, and -315 series 
airplanes, this AD applies only to certain Model DHC-8-102, -103, -106, 
-201, -202, -301, -311, and -315 series airplanes. Model DHC-8-314 
series airplanes are not type certificated for operation in the United 
States.

Costs of Compliance

    This proposed AD would affect about 160 airplanes of U.S. registry. 
The proposed actions would take about 9 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts would cost 
about $490 per airplane. Based on these figures, the estimated cost of 
the proposed AD for U.S. operators is $172,000, or $1,075 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD will not have federalism 
implications under Executive Order 13132. This proposed 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.
    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 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 regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES

[[Page 11170]]

section for a location to examine the regulatory evaluation.

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 FAA 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. (Formerly de Havilland, Inc.): Docket No. FAA-2005-
20481; Directorate Identifier 2004-NM-183-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by April 7, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8 102, -103, -106, -
201, -202, -301, -311, and -315 airplanes, serial numbers 003 
through 584 inclusive, certificated in any category.

Unsafe Condition

    (d) This AD is prompted by the discovery that a single 
malfunction of the torque tube could result in both flight control 
columns being supported by only one self-aligning bearing. We are 
issuing this AD to prevent the torque tube from fouling against the 
underfloor control cables, which could result in reduced 
controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Installation

    (f) Within 5,000 flight hours after the effective date of this 
AD, install control column torque tube catchers on the control 
columns of the flight controls by incorporating Modsum 8Q101338 in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin S.B.8-27-90, dated October 28, 2003.

Alternative Methods of Compliance

    (g) The Manager, New York Aircraft Certification Office, has the 
authority to approve alternative methods of compliance for this AD 
if requested using the procedures found in 14 CFR 39.19.

Related Information

    (h) Canadian airworthiness directive CF-2004-08, dated April 20, 
2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on February 24, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-4407 Filed 3-7-05; 8:45 am]
BILLING CODE 4910-13-P