[Federal Register: April 1, 2004 (Volume 69, Number 63)]
[Proposed Rules]
[Page 17113-17115]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap04-33]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-331-AD]
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: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to Bombardier Model DHC-8-102, -103,
-106, -201, -202, -301, -311, and -315 airplanes. This proposal would
require 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: Comments must be received by May 3, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-331-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2001-NM-331-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from
[[Page 17114]]
Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt
Boulevard, Downsview, Ontario M3K 1Y5, Canada. This information may be
examined 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.
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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example,
discuss a request to change the compliance time and a request to change
the service bulletin reference as two separate issues.
For each issue, state what specific change to
the proposed AD is being requested.
Include justification (e.g., reasons or data)
for each request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2001-NM-331-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2001-NM-331-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
Transport Canada Civil Aviation (TCCA), which is the airworthiness
authority for Canada, notified the FAA 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 the retention system
of the upper wardrobe shelf attachments was found to be under strength.
This condition, if not corrected, could result in 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.
Explanation of Relevant Service Information
Bombardier has issued Service Bulletin 8-25-311, Revision `B,'
dated December 15, 2000, which describes procedures for rework/retrofit
of the wardrobe shelf assembly. Accomplishment of the actions specified
in the service bulletin is intended to address the identified unsafe
condition. TCCA classified this service bulletin as mandatory and
issued Canadian airworthiness directive CF-2001-17, effective June 15,
2001, to ensure the continued airworthiness of these airplanes in
Canada.
FAA's Conclusions
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. The FAA has examined the findings of
TCCA, 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.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletin described previously.
Cost Impact
The FAA estimates that 18 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 20 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $65 per work hour. Required parts would cost
approximately $1,387 per airplane. Based on these figures, the cost
impact of the proposed 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 proposed 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 proposed herein 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. Therefore, it
is determined that this proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
[[Page 17115]]
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
Bombardier, Inc. (Formerly de Havilland, Inc.): 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, 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.
Note 1: The subject of this AD is addressed in Canadian
airworthiness directive CF-2001-17, effective June 15, 2001.
Issued in Renton, Washington, on March 24, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-7285 Filed 3-31-04; 8:45 am]
BILLING CODE 4910-13-P