Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, -311, and -315 Series Airplanes

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

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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