[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Proposed Rules]
[Pages 16164-16167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6241]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20730; Directorate Identifier 2004-NM-68-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-101, -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 supersede an existing airworthiness 
directive (AD) that applies to all Bombardier Model DHC-8-101, -102, -
103, -106, -201, -202, -301, -311, and -315 airplanes. The existing AD 
currently requires installation of a placard on the instrument panel of 
the cockpit to advise the flightcrew that positioning of the power 
levers below the flight idle stop during flight is prohibited. 
Additionally, the existing AD requires eventual installation of an FAA-
approved system that would prevent such positioning of the power levers 
during flight. Installation of that system terminates the requirement 
for installation of a placard. This proposed AD would require operators 
who have incorporated a certain Bombardier service bulletin to perform 
repetitive operational checks of the beta lockout system and to revise 
the Airworthiness Limitations document. This proposed AD is prompted by 
in-service issues reported by operators who incorporated Bombardier 
Service Bulletin 8-76-24 as an alternative method of compliance to the 
existing AD. We are proposing this AD to prevent the inadvertent 
activation of ground beta mode during flight, which could lead to 
engine overspeed, engine damage or failure, and consequent reduced 
controllability of the airplane.

DATES: We must receive comments on this proposed AD by April 29, 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.
     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 at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, on 
the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20730; the directorate identifier for this docket is 
2004-NM-68-AD.

FOR FURTHER INFORMATION CONTACT: Richard Fiesel, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, Federal Aviation 
Administration, New York Aircraft Certification Office, 1600 Stewart 
Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228-7304; 
fax (516) 794-5531.

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-2005-20730; 
Directorate Identifier 2004-NM-68-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 received 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 Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual

[[Page 16165]]

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

    On January 20, 2000, we issued AD 2000-02-13, amendment 39-11531 
(65 FR 4095, January 26, 2000), for all Bombardier Model DHC-8-101, -
102, -103, -106, -201, -202, -301, -311, and -315 airplanes. That AD 
requires installation of a placard on the instrument panel of the 
cockpit to advise the flightcrew that positioning of the power levers 
below the flight idle stop during flight is prohibited. Additionally, 
that AD requires eventual installation of a system that will prevent 
such positioning of the power levers during flight. Installation of 
that system terminates the requirement for installation of a placard. 
That AD was prompted by reports of operation of the airplane with the 
power levers positioned below the flight idle stop during flight. The 
actions specified by that AD are intended to prevent such positioning 
of the power levers below the flight idle stop during flight, which 
could cause engine overspeed, possible engine damage or failure, and 
consequent reduced controllability of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2000-02-13, Bombardier has reevaluated Service 
Bulletin 8-76-24, which was provided as part of the alternative method 
of compliance (AMOC) to AD 2000-02-13. As a result of this 
reevaluation, Bombardier issued an Airworthiness Limitation (AWL), 
outlined in Bombardier Q100/200/300 All Operator Message 759, dated 
February 9, 2004, that applies to Bombardier Model DHC-8-101, -102, -
103, -106, -201, -202, -301, -311, and -315 airplanes with a beta 
lockout system installed. The new AWL introduces de Havilland, Inc., 
Dash 8 Maintenance Task Card 6120-10, dated November 21, 2003 (for 
series 100, 200, and 300 airplanes).

Relevant Service Information

    Bombardier has issued temporary revisions (TRs) to the applicable 
Bombardier DHC-8 Program Support Manual (PSM), as listed in the 
following TR table. The TRs specify that de Havilland, Inc., Dash 8 
Maintenance Task Card 6120/10, operational check of beta lockout ground 
logic, dated November 21, 2003, be done at repetitive intervals not to 
exceed 500 flight hours for series 100, 200, and 300 airplanes, as 
listed in the following Task Card table.

                                                   Table--TRs
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             DHC-8 Model                     TR Number                 Date                  PSM
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-101, -102, -103, and -106 airplanes  AWL-86................  March 17, 2003........  1-8-7
-201 and -202 airplanes.............  AWL 2-26..............  March 17, 2003........  1-82-7
-301, -311, and -315 airplanes......  AWL 3-93..............  March 17, 2003........  1-83-7
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                                                Table--Task Cards
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                                             de Havilland, Inc., Task
               DHC-8 Model                             Card                                Date
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-101, -102, -103, and 106 airplanes......  Dash 8 Series 100             November 21, 2003.
                                            Maintenance Task Card 6120/
                                            10.
-201 and -202 airplanes..................  Dash 8 Series 200             November 21, 2003.
                                            Maintenance Task Card 6120/
                                            10.
-301, -311, and -315 airplanes...........  Dash 8 Series 300             November 21, 2003.
                                            Maintenance Task Card 6120/
                                            10.
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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 
Sec.  21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. We have reviewed all 
available information and determined that AD action is necessary for 
airplanes of this type design that are certificated for operation in 
the United States.
    Therefore, we are proposing this AD, which would supersede AD 2000-
02-13, to continue to require installation of a placard on the 
instrument panel of the cockpit to advise the flightcrew that 
positioning of the power levers below the flight idle stop during 
flight is prohibited. Additionally, this proposed AD continues to 
require eventual installation of an FAA-approved system that would 
prevent such positioning of the power levers during flight. This 
proposed AD would also require operators to perform initial and 
repetitive operational checks of the beta lockout system and to revise 
the Airworthiness Limitations document.
    Transport Canada, which is the airworthiness authority for Canada, 
has been advised of the actions proposed by this airworthiness 
directive and is in agreement with the proposed actions.

Explanation of Action Taken by the FAA

    The manufacturer has revised the Airworthiness Limitations document 
to include new operational checks of the beta lockout system. The TCCA 
has not issued a corresponding airworthiness directive, although 
accomplishment of the operational checks contained in the document 
described previously may be considered mandatory for operators of these 
aircraft in Canada.
    This proposed AD, however, would require revising the applicable 
Airworthiness Limitations document to require the operational checks. 
To require compliance with those actions, we must issue an 
airworthiness directive.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2000-02-13 and 
add additional requirements. Since AD 2000-02-13 was issued, the AD 
format has been revised, and certain paragraphs

[[Page 16166]]

have been rearranged. As a result, the corresponding paragraph 
identifiers have changed in this proposed AD, as listed in the 
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                             Corresponding  requirement
       Requirement in AD 2000-02-13             in  this proposed AD
------------------------------------------------------------------------
Paragraph (a).............................  Paragraph (f).
Paragraph (b).............................  Paragraph (g).
Paragraph (c).............................  Paragraph (h).
------------------------------------------------------------------------

    We have also revised the applicability of the existing AD to 
identify model designations as published in the most recent type 
certificate data sheet for the affected models.

Costs of Compliance

    This proposed AD would affect about 185 Bombardier Model DHC-8-101, 
-102, -103, -106, -201, -202, -301, -311, and -315 airplanes of U.S. 
registry.
    The installation of a placard that is required by AD 2000-02-13, 
and retained in this proposed AD, requires about 1 work hour per 
airplane, at an average labor rate of $65 per work hour. No parts are 
required. Based on these figures, the cost impact of the placard 
installation on U.S. operators is estimated to be $12,025, or $65 per 
airplane.
    The installation of the preventative system that is required by AD 
2000-02-13, and retained in this proposed AD, requires about 123 work 
hours per airplane, at an average labor rate of $65 per work hour. We 
estimate that required parts would cost approximately $12,000 per 
airplane. Based on these figures, the cost impact of the installation 
of the preventative system on U.S. operators is estimated to be 
$3,699,075, or $19,995 per airplane.
    The proposed operational check of the beta lockout system would 
take about 1 work hour per airplane, per check cycle, at an average 
labor rate of $65 per work hour. No parts are required. Based on these 
figures, the estimated cost of the new operational check specified in 
this proposed AD for U.S. operators is $12,025, or $65 per airplane, 
per check cycle.
    The proposed revision of the Airworthiness Limitations document 
would take about 1 work hour per airplane, at an average labor rate $65 
per work hour. Based on these figures, the estimated cost of the 
revision specified in the proposed AD for U.S. operators is $12,025, or 
$65 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 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.
    For the reasons discussed above, I certify that the proposed 
regulation:
    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 regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES 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 removing amendment 39-11531 (65 FR 
4095, January 26, 2000) and adding the following new airworthiness 
directive (AD):

Bombardier Inc. (Formerly de Havilland, Inc.): Docket No. FAA-2005-
20730; Directorate Identifier 2004-NM-68-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by April 29, 2005.

Affected ADs

    (b) This AD supersedes AD 2000-02-13, amendment 39-11531 (65 FR 
4095, January 26, 2000).
    Applicability: (c) This AD applies to all Bombardier Model DHC-
8-101, -102, -103, -106, -201, -202, -301, -311, and -315 airplanes; 
certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered or repaired in the areas 
addressed by these inspections, the operator may not be able to 
accomplish the inspections described in the revision. In this 
situation, to comply with 14 CFR 91.403 (c), the operator must 
request approval for an alternative method of compliance in 
accordance with paragraph (l)(1) of this AD. The request should 
include a description of changes to the required inspections that 
will ensure the continued damage tolerance of the affected 
structure. The FAA has provided guidance for this determination in 
Advisory Circular (AC) 25-1529.

Unsafe Condition

    (d) This AD was prompted by in-service issues reported by 
operators who incorporated a certain Bombardier service bulletin as 
an alternative method of compliance to AD 2000-02-13. We are issuing 
this AD to prevent the inadvertent activation of ground beta mode 
during flight, which could lead to engine overspeed, engine damage 
or failure, and consequent 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.

Requirements of AD 2000-02-13

Installation of Placard

    (f) Within 30 days after March 1, 2000 (the effective date of AD 
2000-02-13), install a placard in a prominent location on the 
instrument panel of the cockpit that states:
    ``Positioning of the power levers below the flight idle stop 
during flight is prohibited. Such positioning may lead to loss of 
airplane control, or may result in an engine overspeed condition and 
consequent loss of engine power.''

[[Page 16167]]

Installation of System Preventing Excessive Lowering of Power Levers in 
Flight

    (g) Within 2 years after March 1, 2000, install a system that 
would prevent positioning the power levers below the flight idle 
stop during flight, in accordance with a method approved by the 
Manager, New York Aircraft Certification Office (ACO), FAA. 
Following accomplishment of that installation, the placard required 
by paragraph (f) of this AD may be removed.
    (h) In the event that the system required by paragraph (g) of 
this AD malfunctions, or if the use of an override (if installed) is 
necessary, the airplane may be operated for three days to a location 
where required maintenance/repair can be performed, provided the 
system required by paragraph (g) of this AD has been properly 
deactivated and placarded for flightcrew awareness, in accordance 
with the FAA-approved Master Minimum Equipment List (MMEL).

New Requirements

Operational Checks of the Beta Lockout System

    (i) For airplanes that have been modified in accordance with 
Bombardier Service Bulletin 8-76-24: Within 50 flight hours after 
the effective date of this AD, perform an operational check of the 
beta lockout system in accordance with the applicable de Havilland, 
Inc., Dash 8 task card listed in Table 1 of this AD. Thereafter 
repeat the operational check at intervals specified in the 
applicable de Havilland, Inc., temporary revision (TR) listed in 
Table 2 of this AD.

                                              Table 1.--Task Cards
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               DHC-8 Model                 de Havilland, Inc., task card                    Date
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-101, -102, -103, and -106 airplanes....  Dash 8 Series 100 Maintenance    November 21, 2003.
                                           Task Card 6120/10.
-201 and -202 airplanes.................  Dash 8 Series 200 Maintenance    November 21, 2003.
                                           Task Card 6120/10.
-301, -311, and -315 airplanes..........  Dash 8 Series 300 Maintenance    November 21, 2003.
                                           Task Card 6120/10.
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Revision of Airworthiness Limitations (AWL) Section

    (j) Within 30 days after the effective date of this AD, revise 
the AWL section of the applicable Instructions for Continued 
Airworthiness by incorporating the contents of the applicable de 
Havilland, Inc., TR listed in Table 2 of this AD into the AWL 
section of the applicable Bombardier DHC-8 Maintenance Program 
Support Manual (PSM).

                                                  Table 2.--TRs
----------------------------------------------------------------------------------------------------------------
              DHC-8 Model                 de Havilland, Inc., TR             Dated                 For PSM
----------------------------------------------------------------------------------------------------------------
-101, -102, -103, and -106 airplanes..  AWL-86...................  March 17, 2003..........  1-8-7
-201 and -202 airplanes...............  AWL 2-26.................  March 17, 2003..........  1-82-7
-301, -311, and -315 airplanes........  AWL 3-93.................  March 17, 2003..........  1-83-7
----------------------------------------------------------------------------------------------------------------

    (k) When the information in the applicable de Havilland, Inc., 
TR identified in Table 2 of this AD has been included in the general 
revisions of the applicable PSM identified in Table 2 of this AD, 
the general revisions may be inserted in the PSM, and the applicable 
TR may be removed from the AWL section of the Instruction for 
Continued Airworthiness.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, New York ACO has the authority to approve 
AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.
    (2) AMOCS approved previously in accordance with AD 2000-02-13 
are acceptable for the corresponding requirements of this AD.

Related Information

    (m) None.

    Issued in Renton, Washington, on March 17, 2005.
Jeffery E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6241 Filed 3-29-05; 8:45 am]
BILLING CODE 4910-13-P