[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Proposed Rules]
[Pages 46925-46927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23743]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-143-AD]
RIN 2120-AA64
Airworthiness Directives; de Havilland Model DHC-7 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to all de Havilland Model DHC-
7 series airplanes, that currently requires certain structural
inspections, and repair, if necessary. This action would require
certain structural inspection. This proposal is prompted by issuance of
mandatory continuing airworthiness information by a foreign civil
airworthiness authority. The actions specified by the proposed AD are
intended to detect and correct fatigue cracking in certain significant
structural areas, which could reduce the structural integrity of these
airplanes.
DATES: Comments must be received by October 5, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-143-AD, 1061 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 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 Aircraft Certification Office, 10 Fifth Street,
Third Floor, Valley Stream, New York.
FOR FURTHER INFORMATION CONTACT:
Serge Napoleon, Aerospace Engineer, Airframe and Propulsion Branch,
ANE-171, FAA, Engine and Propeller Directorate, New York Aircraft
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New
York 11581; telephone (516) 256-7512; fax (516) 568-2716.
[[Page 46926]]
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 98-NM-143-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. 98-NM-143-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On March 6, 1997, the FAA issued AD 97-06-08, amendment 39-9965 (62
FR 12531, March 17, 1997), applicable to all de Havilland Model DHC-7
series airplanes, to require certain structural inspections, and
repair, if necessary. That action was prompted by a structural re-
evaluation, which identified certain significant structural items to
inspect for fatigue cracking as these airplanes approach and exceed the
manufacturer's original design life. The requirements of that AD are
intended to prevent fatigue cracking in these areas which, if not
detected and corrected in a timely manner, could reduce the structural
integrity of these airplanes.
Actions Since Issuance of Previous Rule
Since the issuance of AD 97-06-08, which identified six significant
structural areas for repetitive structural inspections to detect
fatigue cracking, Transport Canada Aviation (TCA), which is the
airworthiness authority for the Canada, identified a seventh area that
also requires repetitive structural inspections to detect fatigue
cracking. Such cracking, if not detected and corrected in a timely
manner, could reduce the structural integrity of these airplanes.
Explanation of Relevant Service Information
The manufacturer has issued de Havilland Dash 7 Maintenance Manual,
Product Support Manual (PSM) 1-7-2, Chapter 5, Section 5-60-00,
Temporary Revisions (TR) 5-99 and 5-97, both dated December 22, 1997,
which describe procedures for Supplementary Inspection Program (SIP)
tasks for the additional inspection to detect cracks in the fastener
holes located on the left and right wing at stringers 6 and 8.
Accomplishment of this inspection will ensure the continued structural
airworthiness of Model DHC-7 series airplanes. TCA classified these
TR's as mandatory and issued Canadian airworthiness directive CF-94-
19R1, dated January 26, 1998, 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, TCA has kept the FAA informed of the
situation described above. The FAA has examined the findings of TCA,
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 State, the proposed AD would supersede AD 97-06-08 to
continue to require certain structural inspections, and repair, if
necessary. This proposed action also would require an additional
structural inspection to detect cracks in the fastener holes located on
the left and right wing at stringers 6 and 8. The actions would be
required to be accomplished in accordance with the service information
described previously.
Cost Impact
There are approximately 50 airplanes of U.S. registry that would be
affected by this proposed AD.
The inspections that are currently required by AD 97-06-08, and
retained in this AD, take approximately 15 work hours per airplane to
accomplish, at an average labor rate of $60 per work hour. Based on
these figures, the cost impact of the currently required actions on
U.S. operators is estimated to be $45,000, or $900 per airplane, per
inspection cycle.
The new inspection that is proposed in this AD action would take
approximately 3 work hours per airplane to accomplish, at an average
labor rate $60 per work hour. Based on these figures, the cost impact
of the proposed requirements of this AD on U.S. operators is estimated
to be $9,000, or $180 per airplane, per inspection cycle.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the current or 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, Aircraft, Aviation safety, Safety.
[[Page 46927]]
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 removing amendment 39-9965 (62 FR
12531, March 17, 1997), and by adding a new airworthiness directive
(AD), to read as follows:
De Havilland Inc.: Docket 98-NM-143-AD. Supersedes AD 97-06-08,
Amendment 39-9965.
Applicability: All Model DHC-7 series airplanes, 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 (f) 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 ensure the continued structural integrity of these airplanes,
accomplish the following:
Restatement of Requirements of AD 97-06-08, Amendment 39-9965
(a) Within 6 months after April 21, 1997 (the effective date of
AD 97-06-08, amendment 39-9965), incorporate into the FAA-approved
maintenance inspection program the inspections and inspection
intervals defined in DHC-7 Maintenance Manual (PSM 1-7-2), Chapter
5, Section 5-06-00, Temporary Revision (TR 5-84), dated June 15,
1994; and inspect the significant structural items prior to the
thresholds specified in TR 5-84 of PSM 1-7-2. Repeat the inspections
thereafter at the intervals specified in TR 5-84 of PSM 1-7-2.
(b) Prior to further flight, repair any discrepancies detected
during any inspection required by paragraph (a) of this AD in
accordance with one of the following:
(1) The DHC-7 Maintenance Manual; or
(2) The DHC-7 Structural Repair Manual; or
(3) Other data meeting the certification basis of the airplane
which is approved by the Manager, New York Aircraft Certification
Office (ACO), FAA, Engine and Propeller Directorate; or
(4) Data meeting the certification basis of the airplane which
is approved by Transport Canada Aviation.
New Requirements of This AD
(c) Incorporate into the FAA-approved maintenance inspection
program the inspections and inspection intervals defined in the DHC-
7 Maintenance Manual PSM 1-7-2, Supplementary Inspection Program
(SIP), Chapter 5, Section 5-60-00, Temporary Revision (TR 5-99),
dated December 22, 1997, at the applicable time specified in
paragraph (c)(1) or (c)(2) of this AD; and inspect the significant
structural items prior to the thresholds specified in TR 5-99 of PSM
1-7-2. Thereafter, repeat the inspection at the intervals specified
in TR 5-99 of PSM 1-7-2.
(1) For airplanes that have accumulated 38,000 or more total
flight cycles as of the effective date of this AD: Incorporate
within 2,000 flight cycles after the effective date of this AD.
(2) For airplanes that have accumulated less than 38,000 total
flight cycles as of the effective date of this AD: Incorporate prior
to the accumulation of 40,000 total flight cycles.
(d) Incorporate into the FAA-approved maintenance inspection
program the inspections and inspection intervals as defined in the
DHC-7 Maintenance Manual, Chapter 5, Section 5-60-00, (PSM 1-7-2),
Supplementary Inspection Program (SIP), Temporary Revision TR 5-97,
dated December 22, 1997, at the applicable time specified in
paragraph (d)(1) or (d)(2) of this AD; and inspect the significant
structural items prior to the thresholds specified in TR 5-97 of PSM
1-7-2. Thereafter, repeat the inspection at the intervals specified
in TR 5-99 of PSM 1-7-2.
(1) For airplanes that have accumulated 19,000 or more total
flight cycles as of the effective date of this AD: Incorporate
within 1,000 flight cycles after the effective date of this AD.
(2) For airplanes that have accumulated less than 19,000 total
flight cycles as of the effective date of this AD: Incorporate prior
to the accumulation of 20,000 total flight cycles.
(e) All inspection results, positive or negative, must be
reported to de Havilland in accordance with ``Introduction,''
paragraph 5, of DHC-7 Maintenance Manual (PSM 1-7-2), Chapter 5,
Section 5-60-00, Temporary Revision (TR 5-84), dated June 15, 1994.
Information collection requirements contained in this regulation
have been approved by the Office of Management and Budget (OMB)
under the provisions of the Paperwork Reduction Act of 1980 (44
U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120-
0056.
(f) 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 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the New York ACO.
(g) 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 3: The subject of this AD is addressed in Canadian
airworthiness directive CF-94-19R1, dated January 26, 1998.
Issued in Renton, Washington, on August 28, 1998.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-23743 Filed 9-2-98; 8:45 am]
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