[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Proposed Rules]
[Pages 5078-5081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1808]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20222; Directorate Identifier 2004-NM-230-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 airplanes. The subject of this proposed AD is the pilot's 
static system. This proposed AD would require

[[Page 5079]]

revising the airplane flight manual to include applicable procedures to 
follow when the flightcrew receives abnormal indications of airspeed, 
altitude, or vertical airspeed. This proposed AD would also require 
modifying the static system. This proposed AD is prompted by a report 
of a leak in the static pressure system, which could result in loss of 
the static systems and consequent erroneous data displayed on the 
pilot's flight instruments. We are proposing this AD to advise the 
flightcrew of applicable procedures in the event of abnormal 
indications of airspeed, altitude, or vertical airspeed; and to prevent 
leaks in the static system, which could result in the loss of critical 
flight information that could result in reduced controllability of the 
airplane or controlled flight into terrain.

DATES: We must receive comments on this proposed AD by March 3, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
    <bullet> By fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt 
Boulevard, Downsview, Ontario M3K 1Y5, Canada.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This 
docket number is FAA-2005-20222; the directorate identifier for this 
docket is 2004-NM-230-AD.

FOR FURTHER INFORMATION CONTACT: Ezra Sasson, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New 
York 11590; telephone (516) 228-7320; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20222; 
Directorate Identifier 2004-NM-230-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

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 airplanes. TCCA advises that an investigation of an 
incident involving erroneous data displayed on the pilot's flight 
instruments has revealed that a leak in the pilot's side static 
pressure system, downstream of the alternate selector valve, could 
result in the loss of both the pilot's normal and alternate static 
systems. This condition, if not corrected, could result in the display 
of abnormal indications of airspeed, altitude, or vertical airspeed due 
to leaks in the static system and prolonged loss of critical flight 
information that could result in reduced controllability of the 
airplane or controlled flight into terrain.

Relevant Service Information

    Bombardier has issued Service Bulletin 8-34-221, Revision `A,' 
dated September 15, 2003. The service bulletin describes procedures to 
modify the pilot's side static system to prevent leaks in the system. 
For certain airplanes the modification provides increased independence 
of the static pressure source for the pilot's primary and standby 
flight instruments, and for certain other airplanes the modification 
corrects the length of the static system hose.
    TCCA mandated the service bulletin and issued Canadian 
airworthiness directive CF-2003-25, dated October 10, 2003, to ensure 
the continued airworthiness of these airplanes in Canada.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in Canada and are 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, TCCA has kept the FAA informed of 
the situation described above. We have examined TCCA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to provide procedures to the 
flightcrew in the event of abnormal indications of airspeed, altitude, 
or vertical airspeed; and to prevent leaks in the static system, which 
could result in the loss of critical flight information that could 
result in reduced controllability of the airplane or controlled flight 
into terrain. This AD requires accomplishing the actions specified in 
the service information described previously, except as discussed under 
``Differences Between the Proposed AD and Canadian Airworthiness 
Directive.''

Differences Between the Proposed AD and Canadian Airworthiness 
Directive

    This proposed AD advises revising the applicable de Havilland Dash 
8 airplane flight manual to incorporate the text specified in paragraph 
(f) of this

[[Page 5080]]

proposed AD. The Canadian AD does not include such a requirement. In 
Canada, operators are mandated to use the latest flight manual and 
therefore, TCCA is not required to issue an AD to require flight manual 
revisions.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
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                                                                                                                          Number of U.S.-
                  Action                      Work hours     Average labor              Parts                Cost per       registered      Fleet cost
                                                             rate per hour                                   airplane        airplanes
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Revise AFM................................               1             $65  None........................             $65             181         $11,765
Modify static system......................               2              65  100-200.....................         230-330             181   41,630-59,730
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Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106, 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
proposed AD.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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.
    For the reasons discussed above, I certify that the 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. 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 regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Bombardier, Inc. (Formerly de Havilland, Inc.): Docket No. FAA-2005-
20222; Directorate Identifier 2004-NM-230-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by March 3, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-102, -103, -106, -
201, -202, -301, -311, and -315 airplanes, certificated in any 
category; serial numbers 003 through 598 inclusive.

Unsafe Condition

    (d) This AD was prompted by a report of a leak in the static 
pressure system, which could result in loss of the static systems 
and consequent erroneous data displayed on the pilot's flight 
instruments. The subject of this AD is the pilot's static system. We 
are issuing this AD to advise the flightcrew of applicable 
procedures in the event of abnormal indications of airspeed, 
altitude, or vertical airspeed; and to prevent leaks in the static 
system, which could result in the loss of critical flight 
information that could result in reduced controllability of the 
airplane or controlled flight into terrain.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Revision to Airplane Flight Manual

    (f) Within 10 days after the effective date of this AD, revise 
the Normal and Abnormal Procedures sections of the applicable de 
Havilland Dash 8 flight manual to include the following statement in 
paragraph 4.11.1 of 4.11 Pitot--Static and Stall Warning System 
Failures. This may be done by inserting a copy of this AD in the 
applicable flight manual.

``4.11.1 ABNORMAL INDICATIONS OF AIRSPEED, ALTITUDE AND VERTICAL 
AIRSPEED.
    ``1. Appropriate STATIC SOURCE selector--ALTERNATE. If switching 
the STATIC SOURCE selector to ALTERNATE does not correct the 
abnormal indications:
    ``2. Rely on the flight instruments on the opposite side and 
land as soon as practicable.''

    Note 1: When a statement identical to that in paragraph (f) of 
this AD has been included in the general revisions of the applicable 
flight manual, the general revisions may be inserted into the flight 
manual, and the copy of this AD may be removed from the flight 
manual.

Modification of the Static System

    (g) For airplanes having serial numbers 003 through 590 
inclusive: Within 24 months after the effective date of this AD, 
modify the static system in accordance with Part A and Part C of the 
Accomplishment Instructions of Bombardier Service Bulletin 8-34-221, 
Revision `A,' dated September 15, 2003.
    (h) For airplanes having serial numbers 591 through 598 
inclusive: Within 24 months after the effective date of this AD, 
modify the static system in accordance with Part B and Part C of the 
Accomplishment Instructions of Bombardier Service Bulletin 8-34-221, 
Revision `A,' dated September 15, 2003.

Modifications Done According to Previous Issue of Service Bulletin

    (i) Modifications done before the effective date of this AD in 
accordance with Bombardier Service Bulletin 8-34-221, dated May 27, 
2003, are acceptable for compliance with the applicable 
modifications specified in paragraphs (g) and (h) of this AD.

[[Page 5081]]

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, New York Aircraft Certification Office, 
Transport Airplane Directorate, FAA, has the authority to approve 
AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.

Related Information

    (k) Canadian airworthiness directive CF-2003-25, dated October 
10, 2003, also addresses the subject of this AD.

    Issued in Renton, Washington, on January 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-1808 Filed 1-31-05; 8:45 am]
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