[Federal Register: April 22, 2004 (Volume 69, Number 78)]
[Rules and Regulations]
[Page 21701-21703]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap04-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000-CE-73-AD; Amendment 39-13585; AD 2004-05-01 R1]
RIN 2120-AA64
Airworthiness Directives; Bombardier Inc. Model Otter DHC-3
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is revising Airworthiness Directive (AD) 2004-05-01,
which applies to certain Bombardier Inc. (formerly deHavilland Inc.)
Model Otter DHC-3 airplanes that have turbine engines installed per one
of three supplemental type certificates (STC). AD 2004-05-01 currently
prohibits you from operating any affected airplane with these engine
and propeller configurations unless a new STC for an elevator servo-tab
with a redundant control linkage is installed. The FAA has since
evaluated concerns, comments, and technical information related to all
three STC configurations. Based on that evaluation, we have determined
that further evaluation is necessary for the STCs owned by Texas
Turbines Conversions, Inc., and Canada Turbine Conversions, Inc.
Therefore, we are removing reference to these STCs from the AD, and the
AD will only apply to those Bombardier Inc. airplanes that incorporate
STC No. SA3777NM (A.M. Luton installation of Pratt and Whitney PT6A-34/
-135 engine). After further evaluation, we may initiate rulemaking
action regarding airplanes with the Texas Turbines Conversions, Inc.,
and Canada Turbine Conversions, Inc., STC configurations.
DATES: This AD becomes effective on May 25, 2004.
On April 20, 2004 (69 FR 9523, March 1, 2004), the Director of the
Federal Register previously approved the incorporation by reference of
certain publications listed in the regulation.
We must receive any comments on this AD by June 29, 2004.
ADDRESSES: Use one of the following to submit comments on this AD:
By mail: FAA, Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 2000-CE-73-AD, 901
Locust, Room 506, Kansas City, Missouri 64106.
By fax: (816) 329-3771.
By e-mail: 9-ACE-7-Docket@faa.gov. Comments sent
electronically must contain ``Docket No. 2000-CE-73-AD'' in the subject
line. If you send comments electronically as attached electronic files,
the files must be formatted in Microsoft Word 97 for Windows or ASCII.
You may get the service information identified in this AD A.M.
Luton 3025 Eldridge Avenue, Bellingham, Washington, 98225; telephone
(360) 671-7817; facsimile (360) 671-7820.
You may view the AD docket at FAA, Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 2000-CE-73-AD, 901
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m.
to 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For Technical Questions Relating to
STC No. SA3777NM or STC No. SA01059SE: Richard Simonson, Aerospace
Engineer, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind
Avenue, SW., Renton, Washington 98055; telephone: (425) 917-6507;
facsimile: (425) 917-6590.For Administrative Questions Relating to This
AD ACTION: Larry Werth, AD Coordinator, FAA, Small Airplane
Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106;
telephone: (816) 329-4147; facsimile: (816) 329-4149.
SUPPLEMENTARY INFORMATION: Has FAA taken any action to this point?
Several
[[Page 21702]]
reports of situations where pilots of Bombardier Inc. Model Otter DHC-3
airplanes with installed turbine engines experienced buffeting of the
elevators and declared an emergency and safely landed their aircraft
caused FAA to issue AD 2004-05-01, Amendment 39-13493 (69 FR 9523,
March 1, 2004). AD 2004-05-01 currently prohibits operation of any
affected airplane that incorporates STC No. SA3777NM, STC No.
SA09866SC, or STC No. SA09857SC without incorporation of STC No.
SA01059SE. These STCs are as follows:
STC No. SA3777NM (A.M. Luton installation of
Pratt and Whitney PT6A-34/-135 engine);
STC No. SA09866SC (Texas Turbines Conversions,
Inc. installation of Honeywell TPE-331 engine);
STC No. SA09857SC (Canada Turbine Conversions,
Inc. installation of Walter M601E-11 engine); and
STC No. SA01059SE (American Automotives, Inc. to
incorporate a new elevator servo-tab and redundant control linkage).
What has happened since AD 2004-05-01 to initiate this AD action?
The FAA has since received and evaluated concerns, comments, and
technical information related to all three STC configurations. Based on
that evaluation, we have determined that further study is necessary for
the STCs owned by Texas Turbines Conversions, Inc., and Canada Turbine
Conversions, Inc.
FAA's Determination and Requirements of the AD
What has FAA decided? Therefore, we have determined that reference
to the STCs owned by Texas Turbines Conversions, Inc., and Canada
Turbine Conversions, Inc. should be removed from the AD.
What does this AD require? This AD revises AD 2004-05-01 by only
requiring the actions on those Bombardier Inc. Model Otter DHC-3
airplanes that incorporate STC No. SA3777NM (A.M. Luton installation of
Pratt and Whitney PT6A-34/-135 engine) and do not have a new elevator
servo-tab and redundant control linkage installed (American
Automotives, Inc. STC No. SA01059SE).
Does this mean the FAA cannot take regulatory action in the future?
No. Removing the STCs owned by Texas Turbines Conversions, Inc., and
Canada Turbine Conversions, Inc., from AD 2004-05-01 does not prevent
us from issuing other regulatory action in the future on airplanes that
incorporate these STCs.
It also does not commit us to any future action. We will take
appropriate regulatory action if (after evaluation of the situation on
these two STCs) we determine that there is an unsafe condition.
How does the revision to 14 CFR part 39 affect this 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.
Comments Invited
Will I have the opportunity to comment before you issue the rule?
This AD is a final rule that eliminates certain configurations that may
have inadvertently grounded certain airplanes. In order to not
inadvertently ground these airplanes, this action was not preceded by
notice and an opportunity for public comment. It has no adverse
economic impact and imposes no additional burden on any person than
would have been necessary to do AD 2004-05-01.
However, we invite you to submit any written relevant data, views,
or arguments regarding this AD. Send your comments to an address listed
under ADDRESSES. Include ``AD Docket No. 2000-CE-73-AD'' in the subject
line of your comments. If you want us to acknowledge receipt of your
mailed comments, send us a self-addressed, stamped postcard with the
docket number written on it; we will date-stamp your postcard and mail
it back to you. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the rule
that might suggest a need to modify it. If a person contacts us through
a nonwritten communication, and that contact relates to a substantive
part of this 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 the AD in light of those comments.
Regulatory Findings
Will this AD impact various entities? We have determined that this
AD will not have federalism implications under Executive Order 13132.
This 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.
Will this AD involve a significant rule or regulatory action? For
the reasons discussed above, I certify that this 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 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 No. 2000-CE-73-AD'' in your request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under 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. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2004-05-01, Amendment 39-13493 (69 FR 9523, March 1, 2004), and by
adding a new AD to read as follows:
2004-05-01 R1 Bombardier Inc.: Amendment 39-13585; Docket No. 2000-
CE-73-AD; Revises AD 2004-05-01, Amendment 39-13493.
When Does This AD Become Effective?
(a) This AD becomes effective on May 25, 2004.
Are Any Other ADs Affected By This Action?
(b) This AD revises AD 2004-05-01, Amendment 39-13493.
What Airplanes Are Affected by This AD?
(c) This AD affects any Model Otter DHC-3 airplane (all serial
numbers) that:
(1) Has a turbine engine installed per Supplemental Type
Certificate (STC) No. SA3777NM (A.M. Luton installation of Pratt and
Whitney PT6A-34/-135 engine); and
(2) is certificated in any category.
What Is the Unsafe Condition Presented in This AD?
(d) This AD is the result of reports of the control rod to the
servo trim tab system
[[Page 21703]]
detaching from the servo trim tab and causing the servo trim tab to
flutter on airplanes with a turbine engine installed. The actions
specified in this AD are intended to prevent a single failure of the
elevator servo trim tab system, which could cause severe elevator
flutter. Such elevator flutter could lead to possible loss of
control of the airplane.
What Must I Do To Address This Problem?
(e) To address this problem, you must do the following:
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Actions Compliance Procedures
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(1) Do not operate any airplane Within 3 calendar Not Applicable.
that has a turbine engine months after
installed per STC No. SA3777NM April 20, 2004
and DOES NOT have an elevator (the effective
servo-tab and redundant control date of AD 2004-
linkage per STC No. SA01059SE. 05-01) or within
250 hours time-in-
service (TIS)
after April 20,
2004 (the
effective date of
AD 2004-05-01),
whichever occurs
first.
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(2) You may install at the same Before further Follow American
time a turbine engine per STC flight as of Aeromotives, Inc.
No. SA3777NM and a new elevator April 20, 2004 DHC-3 Otter
servo-tab and redundant control (the effective Service Letter
linkage per STC No. SA01059SE. date of AD 2004- No. AAI-DHC3-
05-01). 02.01, Revision
No. IR, dated
April 9, 2002.
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(3) You may operate an affected Within 3 calendar Follow American
airplane installed with a months after Aeromotives, Inc.
turbine engine per STC No. April 20, 2004 DHC-3 Otter
SA3777NM if you install a new (the effective Service Letter
elevator servo-tab and date of AD 2004- No. AAI-DHC3-
redundant control linkage per 05-01) or within 02.01, Revision
STC No. SA01059SE. 250 hours time-in- No. IR, dated
service (TIS) April 9, 2002.
after April 20,
2004 (the
effective date of
AD 2004-05-01),
whichever occurs
first.
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(4) Do not install a turbine As of April 20, Not Applicable.
engine per STC No. SA3777NM, 2004 (the
unless you have installed a new effective date of
elevator servo-tab and AD 2004-05-01).
redundant control linkage per
STC No. SA01059SE.
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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, Seattle Aircraft
Certification Office (ACO), FAA.
(1) For information on any already approved alternative methods
of compliance (AMOCs), contact Richard Simonson, Aerospace Engineer,
FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue,
SW., Renton, Washington 98055; telephone: (425) 917-6507; facsimile:
(425) 917-6590.
(2) AMOCs approved through AD 2004-05-01 are also considered
approved for this AD.
Does This AD Incorporate Any Material by Reference?
(g) You must do the actions required by this AD following the
instructions in American Aeromotives, Inc. DHC-3 Otter Service
Letter No. AAI-DHC3-02.01, Revision No. IR, dated April 9, 2002. On
April 20, 2004 (69 FR 9523, March 1, 2004), the Director of the
Federal Register previously approved the incorporation by reference
of this service letter in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. You may get a copy from American Aeromotives, Inc., 3025
Eldridge Avenue, Bellingham, Washington 98225, telephone: (360) 671-
7817; facsimile: (360) 671-7820. You may review copies at FAA,
Central Region, Office of the Regional Counsel, 901 Locust, Room
506, Kansas City, Missouri 64106; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
Issued in Kansas City, Missouri, on April 15, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-9017 Filed 4-21-04; 8:45 am]
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