[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Proposed Rules]
[Pages 34767-34769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16952]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-266-AD]
RIN 2120-AA64
Airworthiness Directives; De Havilland Model DHC-8-100 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes to revise an existing airworthiness
directive (AD), applicable to certain de Havilland Model DHC-8 series
airplanes, that currently requires clearly marking the location and
means of entering the lavatory. That AD was prompted by reports of
passengers mistaking the airstair door operating handle for the means
of gaining access to the lavatory. The actions specified by that AD are
intended to prevent inadvertent opening of the airstair door and
consequent depressurization of the airplane. This action would limit
the applicability of the rule to fewer airplanes.
DATES: Comments must be received by July 29, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-266-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule may be
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division,
Garratt Boulevard, Downsview, Ontario, Canada M3K 1Y5. This information
may be examined at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Marc Goldstein, Aerospace Engineer,
Systems and Equipment Branch, ANE-172, FAA, New York Aircraft
Certification Office, Engine and
[[Page 34768]]
Propeller Directorate, 10 Fifth Street, Third Floor, Valley Stream, New
York 11581; telephone (516) 256-7513; fax (516) 568-2716.
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 notice may be changed in
light of the comments received.
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 notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 95-NM-266-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-103, Attention: Rules
Docket No. 95-NM-266-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On April 22, 1988, the FAA issued AD 88-09-05, amendment 39-5908
(53 FR 15363, April 29, 1988), applicable to certain de Havilland Model
DHC-8-100 series airplanes, to require clearly marking the location and
means of entering the lavatory. That action was prompted by reports of
passengers mistaking the airstair door operating handle for the means
of gaining access to the lavatory. The requirements of that AD are
intended to prevent inadvertent opening of the airstair door and
consequent depressurization of the airplane.
Explanation of Relevant Service Information
Since the issuance of that AD, de Havilland has issued Revision
`B', dated July 1, 1988, and Revision `C', dated September 29, 1995, of
Service Bulletin S.B. 8-11-14. The modification procedures
(Modification 8/0757) specified in these revisions are essentially
identical to Revision `A' of the service bulletin, which was referenced
in AD 88-09-05 as the appropriate source of service information.
However, the effectivity listing in Revisions `B' and `C' has been
revised to eliminate certain airplanes on which Modification 8/0757 was
installed during production; therefore, these airplanes are not
affected by the addressed unsafe condition. The modification clearly
marks the location and means of entering the lavatory.
Transport Canada Aviation, which is the airworthiness authority for
Canada, classified these service bulletins as mandatory and issued
Canadian airworthiness directive CF-87-07R1, dated June 30, 1995, in
order to assure the continued airworthiness of these airplanes in
Canada.
FAA's Conclusions
This airplane model is manufactured in Canada and is 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, the Transport Canada Aviation has
kept the FAA informed of the situation described above. The FAA has
examined the findings of the Transport Canada Aviation, 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 revise AD 88-09-05 to
continue to require clearly marking the location and means of entering
the lavatory. This action would limit the applicability of the existing
AD to fewer airplanes.
Cost Impact
There are approximately 30 de Havilland Model DHC-8-100 series
airplanes of U.S. registry that would be affected by this proposed AD.
Since this proposed AD merely deletes airplanes from the
applicability of the rule, it would add no additional costs, and would
require no additional work to be performed by affected operators. The
current costs associated with this proposed rule are reiterated below
for the convenience of affected operators:
The actions that are currently required by AD 88-09-05, and
retained in this proposal, take approximately 1 work hour per airplane
to accomplish, at an average labor rate of $60 per work hour. Required
parts are supplied by the manufacturer at no cost to the operators.
Based on these figures, the cost impact on U.S. operators of the
actions currently required is estimated to be $1,800, or $60 per
airplane.
Regulatory Impact
The regulations proposed herein would not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
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.
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:
[[Page 34769]]
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing amendment 39-5908 (53 FR
15363, April 29, 1988), and by adding a new airworthiness directive
(AD), to read as follows:
De Havilland, Inc.: Docket 95-NM-266-AD. Revises AD 88-09-05,
Amendment 39-5908.
Applicability: Model DHC-8 series airplanes, serial numbers 3
through 79, inclusive; on which Modification 8/0757 has not been
installed; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent inadvertent opening of the airstair door and
consequent depressurization of the airplane, accomplish the
following:
(a) Within 60 days after June 10, 1988 (the effective date of AD
88-09-05, amendment 39-5908), replace the labels marking the
location and means of opening the lavatory, in accordance with the
Accomplishment Instructions of de Havilland Service Bulletin 8-11-
14, Revision `A', dated July 31, 1987.
Note 2: Replacement accomplished in accordance with de Havilland
Service Bulletin 8-11-14, Revision `B', dated July 1, 1988, or
Revision `C', dated September 29, 1995, is considered acceptable for
compliance with this paragraph.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, New York Aircraft Certification
Office (ACO), FAA, Engine and Propeller Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, New York ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the New York ACO.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Issued in Renton, Washington, on June 27, 1996.
S. R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-16952 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-13-U
