[Federal Register Volume 64, Number 161 (Friday, August 20, 1999)]
[Proposed Rules]
[Pages 45474-45476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21689]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-32-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106,
-201, -202, -301, -311, and -315 Series 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 certain Bombardier Model DHC-8-
102, -103, -106, -201, -202, -301, -311, and -315 series airplanes.
This proposed AD would require modification of the wiring of the
emergency lighting system. This proposal is prompted by issuance of
mandatory continuing airworthiness information by a foreign civil
airworthiness authority. The action specified by the proposed AD is
intended to prevent the pilots from having full authority over the
cabin emergency lights, which could result in delayed egress of the
passengers and crew from the cabin during emergency evacuation.
DATES: Comments must be received by September 20, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-32-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 Airplane Division,
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, Engine and Propeller
Directorate, New York Airplane Certification Office, 10 Fifth Street,
Third Floor, Valley Stream, New York.
FOR FURTHER INFORMATION CONTACT: Luciano L. Castracane, Aerospace
Engineer, Systems and Flight Branch, ANE-172, Engine and Propeller
Directorate, New York Airplane Certification Office, 10 Fifth Street,
Third Floor, Valley Stream, New York 11581, telephone (516) 256-7535;
fax (516) 256-2716.
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.
[[Page 45475]]
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 99-NM-32-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. 99-NM-32-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 series airplanes. TCCA advises that installation of
Bombardier Modification 8/2407 on these airplanes gave the pilots full
authority over the emergency lights. If the cockpit switch for the
emergency lights is in the OFF position, the flight attendant cannot
turn the lights on from the cabin location because the pilot switch
overrides the flight attendant's switch. This condition, if not
corrected, could result in delayed egress of the passengers and crew
members from the cabin during an emergency evacuation.
Explanation of Relevant Service Information
Bombardier has issued Service Bulletin S.B. 8-33-40, Revision `B,'
dated October 21, 1998, which describes procedures for modification of
the wiring of the emergency lighting system to allow selection of the
emergency lights to ON from the flight attendant switch in the cabin,
even when the emergency light switch in the cockpit is OFF.
Accomplishment of the action specified in the service bulletin is
intended to adequately address the identified unsafe condition. TCCA
classified this service bulletin as mandatory and issued Canadian
airworthiness directive CF-98-33, dated September 8, 1998, in order to
assure 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
Sec. 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 action specified in the service bulletin described previously.
Differences Between Proposed Rule and Service Bulletin
Operators should note that, although the Canadian airworthiness
directive affects Bombardier Model DHC-8-314 series airplanes,
Bombardier Model DHC-8-314 series airplanes are not type certificated
in the United States. Therefore, the proposed AD does not affect those
airplanes.
Cost Impact
The FAA estimates that 10 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 modification, and that
the average labor rate is $60 per work hour. Required parts would cost
approximately $595 per airplane. Based on these figures, the cost
impact of the proposed AD on U.S. operators is estimated to be $17,950,
or $1,795 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.
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, Airplane, 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:
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 99-NM-32-AD.
Applicability: Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 series airplanes; serial numbers 459 through 501,
excluding serial numbers 462, 464, 467, 469, 478, 479, 481, 482,
487, 489, 490, 491, 493, 495, 498, 499, and 500; 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
[[Page 45476]]
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 the pilots from having full authority over the cabin
emergency lights, which could result in delayed egress of the
passengers and crew from the cabin during an emergency evacuation,
accomplish the following:
Modification
(a) For airplanes on which Bombardier Modification 8/2407 has
been installed during production: Within 12 months after the
effective date of this AD, modify the wiring of the emergency
lighting system in accordance with Bombardier Service Bulletin S.B.
8-33-40, Revision `B,' dated October 21, 1998.
Note 2: Modification of the wiring of the emergency lighting
system accomplished prior to the effective date of this AD in
accordance with Bombardier Service Bulletin S.B. 8-33-40, dated May
8, 1998, or Revision `A,' dated July 28, 1998, is considered
acceptable for compliance with the modification required by
paragraph (a) of this AD.
Alternative Methods of Compliance
(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, International Branch, ANM-116, FAA,
Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the International Branch,
ANM-116.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(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.
Note 4: The subject of this AD is addressed in Canadian
airworthiness directive CF-98-33, dated September 8, 1998.
Issued in Renton, Washington, on August 16, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Airplane Certification
Service.
[FR Doc. 99-21689 Filed 8-19-99; 8:45 am]
BILLING CODE 4910-13-U
