[Federal Register Volume 69, Number 228 (Monday, November 29, 2004)]
[Rules and Regulations]
[Pages 69274-69277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25674]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18606; Directorate Identifier 2004-CE-17-AD; 
Amendment 39-13877; AD 2004-24-01]
RIN 2120-AA64


Airworthiness Directives; Bombardier Inc. Model (Otter) DHC-3 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for all 
Bombardier Inc. Model (Otter) DHC-3 airplanes that have been modified 
by 524085 BC, Ltd. Supplemental Type Certificate (STC) Number ST01243NY 
or SA01243NY. This AD requires you to

[[Page 69275]]

replace the existing Viking Air Ltd. elevator servo tab assembly with a 
redesigned Viking Air Ltd. elevator servo tab assembly. This AD results 
from mandatory continuing airworthiness information (MCAI) issued by 
the airworthiness authority for Canada. There has been one failure of 
the elevator servo tab assembly. We are issuing this AD to prevent the 
structural failure of the elevator servo tab. This failure could lead 
to loss of control of the airplane.

DATES: This AD becomes effective on December 28, 2004.
    As of December 28, 2004, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: To get the service information identified in this AD, 
contact Bombardier Inc., Regional Aircraft, 123 Garratt Boulevard, 
Downsview, Ontario, Canada M3K 1Y5. To review this service information, 
go to the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call (202) 741-6030.
    To view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2004-18606.

FOR FURTHER INFORMATION CONTACT: David Lawson, Aerospace Engineer, ANE-
171, New York Aircraft Certification Office, 1600 Stewart Ave., Suite 
410, Westbury, NY 11590; telephone: 516-228-7327; facsimile: 516-794-
5531.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? Transport Canada, which is the 
airworthiness authority for Canada, notified FAA that an unsafe 
condition may exist on all Bombardier Inc. Model (Otter) DHC-3 
airplanes that incorporate 524085 BC, Ltd. STC Number ST01243NY or 
SA01243NY. Transport Canada reports one incident of structural failure 
of the elevator servo tab balance assembly.
    What is the potential impact if FAA took no action? Vibration may 
cause structural failure of the elevator servo tab. This failure could 
lead to loss of control of the airplane.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to Bombardier Inc. Model (Otter) DHC-3 
airplanes that incorporate 524085 BC, Ltd. STC Number ST01243NY or 
SA01243NY. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on July 29, 2004 (69 FR 45293-95). 
The NPRM proposed to replace the existing Viking Air Ltd. elevator 
servo tab assembly with a redesigned Viking Air Ltd. elevator servo tab 
assembly.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. The following 
presents the comments received on the proposal and FAA's response to 
each comment:

Comment Issue: Question as to Whether Viking Air Is Authorized for 
Replacement Parts

    What is the commenter's concern? The commenter wants the issuance 
of the Airworthiness Directive to be delayed until it is determined 
whether the manufacture of the parts is authorized through a Canadian 
Parts Design Approval (PDA), a Canadian Approval Limitation Record 
(ALR), or 14 CFR 21.303(a). The commenter claims that the manufacturing 
of these parts should be authorized through a Canadian PDA, not an ALR, 
and that Viking Air is not authorized to manufacture the parts per 14 
CFR 21.303(a).
    What is FAA's response to the concern? The FAA does not agree. 
Viking Air manufactured the parts that are being removed per the AD for 
STC SA01243NY under a Canadian ALR. The modification parts being 
installed per the AD following Viking Air Service Bulletin V3/01 are 
the same parts as in the latest amendment to STC SA01243NY. Viking Air, 
under the Canadian ALR, 22-80 manufactured the parts for STC SA01243NY 
for export to the United States with Transport Canada Civil Aviation 
(TCCA) Export Certificates of Airworthiness. Per the Implementation 
Procedures Agreement (IPA) of the U.S./Canadian Bilateral Aviation 
Safety Agreement (BASA), the FAA accepts TCCA Export Certificates of 
Airworthiness for replacement and modification parts. Civil 
Airworthiness Regulations (CAR)/Airworthiness Manual Chapter 561 covers 
the manufacturing of replacement and modification parts. Regulation 14 
CFR 21.303 ``Replacement and modification parts'' does not apply to 
parts manufactured in Canada for export to the United States under the 
terms of the IPA of the US/Canadian BASA.
    Therefore, FAA has determined that Viking Air does have the 
authority to manufacture parts for the accomplishment of this AD 
action.
    We have made no changes to the final rule based on this comment.

Additional Information

    Are there any changes from the NPRM? The STC holder issued a 
revision to the original type certificate because of a typographical 
error. Both the original and the revised STC (ST01243NY or SA01243NY) 
may be used.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for the 
changes discussed above and minor editorial corrections. We have 
determined that these changes and minor corrections:

--Are consistent with the intent that was proposed in the NPRM for 
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains information relating to this subject in person at 
the DMS Docket Offices between 9 a.m. and 5 p.m. (eastern standard 
time), Monday through Friday, except Federal holidays. The Docket 
Office (telephone 1-800-647-5227) is located on the plaza level of the 
Department of Transportation NASSIF Building at the street address 
stated in ADDRESSES. You may also view the AD docket on the Internet at 
http://dms.dot.gov.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the 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.

[[Page 69276]]

Costs of Compliance

    How many airplanes does this AD impact? We estimate that this AD 
affects 11 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? We estimate the following costs to accomplish the 
modification:

----------------------------------------------------------------------------------------------------------------
                                                                                                     Total cost
                    Labor cost                                 Parts cost              Total cost      of U.S.
                                                                                      per airplane    operators
----------------------------------------------------------------------------------------------------------------
7.5 workhours x $65 per hour = $488..............  $2,630 (The operator may return         $3,118       $34,298
                                                    the original parts to Viking Air
                                                    Ltd. for credit.).
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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 
``Docket No. FAA-2004-18606; Directorate Identifier 2004-CE-17-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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2004-24-01 Bombardier Inc.: Amendment 39-13877; Docket No. FAA-2004-
18606; Directorate Identifier 2004-CE-17-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on December 28, 2004.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models and serial 
numbers that are certificated in any category: All Bombardier Inc. 
Model (Otter) DHC-3 airplanes incorporating 524085 BC, Ltd. 
Supplemental Type Certificate Number ST01243NY or SA01243NY.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of one incident of structural failure 
of the elevator servo tab balance assembly. The actions specified in 
this AD are intended to prevent the structural failure of the 
elevator servo tab, which could lead to loss of control of the 
airplane.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Perform the following     Replace the elevator  Follow Viking Air
 actions:                      servo tab assembly    Ltd. Service
(i) Remove the existing        within 300 hours      Bulletin V3/01,
 elevator sevo tab assembly,   time-in-service       dated March 6,
 consisting of the following   (TIS) after           2002.
 part numbers (P/N): C3TE13-   December 28, 2004
 12, VALTOC1136-2, and NAS40-  (the effective date
 2A-LT;.                       of this AD).
(ii) Install the redesigned
 elevator servo tab
 assembly, P/N V3TE1137-1..
(2) Balance the servo tab     After installation    Follow Viking Air
 assembly to achieve a nose    of the redesigned     Ltd. Service
 heavy static moment within    servo tab assembly,   Bulletin V3/01,
 the limits set by Viking      balance prior to      dated March 6,
 Air Ltd. Service Bulletin     further flight.       2002.
 V3/01, dated March 6, 2002.
(3) Do not install any of     The part numbers      Not applicable.
 the following part numbers    should not be
 as part of the servo tab      installed as of
 assembly:                     December 28, 2004
(i) P/N C3TE13-12;..........   (the effective date
(ii) P/N VALTOC1136-2;......   of this AD).
(iii) P/N NAS40-2A-LT.......
------------------------------------------------------------------------

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, New York Aircraft 
Certification Office (ACO), FAA. For information on any already 
approved alternative methods of compliance, contact David Lawson, 
Aerospace Engineer, ANE-171, New York Aircraft Certification Office, 
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone: 516-
228-7327; facsimile: 516-794-5531.

[[Page 69277]]

Is There Other Information That Relates to This Subject?

    (g) Transport Canada Airworthiness Directive Number CF-2002-48, 
dated November 21, 2002, and Viking Air Ltd. Service Bulletin Number 
V3/01, dated March 6, 2002, also address the subject of this AD.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in Viking Air Ltd. Service Bulletin Number V3/01, dated 
March 6, 2002. The Director of the Federal Register approved the 
incorporation by reference of this service bulletin in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this 
service information, contact Bombardier Inc., Regional Aircraft, 123 
Garratt Boulevard, Downsview, Ontario, Canada M3K 1Y5. To review 
copies of this service information, go to the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call 
(202) 741-6030. To view the AD docket, go to the Docket Management 
Facility; U.S. Department of Transportation, 400 Seventh Street, 
SW., Nassif Building, Room PL-401, Washington, DC 20590-001 or on 
the Internet at http://dms.dot.gov. The docket number is FAA-2004-
18606.

    Issued in Kansas City, Missouri, on November 15, 2004.
Scott L. Sedgwick,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-25674 Filed 11-26-04; 8:45 am]
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