[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Proposed Rules]
[Pages 9647-9649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4121]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-12-AD]


Airworthiness Directives; De Havilland Model DHC-8-102, -103, -
106, -301, -311, and -314 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 de Havilland Model DHC-8 
series airplanes. This proposal would require modification of a certain 
battery temperature monitor. This proposal is prompted by reports of 
failure of the battery temperature monitor, which resulted in smoke in 
the flight compartment. The actions specified by the proposed AD are 
intended to prevent failure of the battery monitor, which could result 
in smoke in the flight compartment.

DATES: Comments must be received by April 3, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-12-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9 a.m. and 3 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, Canada M3K 1Y5. 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: Peter Cuneo, Electrical Engineer, ANE-
172, FAA, Engine and Propeller Directorate, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York 11581; telephone (516) 256-7506; fax (516) 568-2716.

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.
    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 95-NM-12-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 [[Page 9648]] FAA, Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-12-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.

Discussion

    Transport Canada Aviation, which is the airworthiness authority for 
Canada, recently notified the FAA that an unsafe condition may exist on 
certain de Havilland Model DHC-8-102, -103, -106, -301, -311, and -314 
series airplanes equipped with Ametek/Weston battery temperature 
monitors having part number (P/N) 522487. Transport Canada Aviation 
advises that reports have been received of failure of the battery 
temperature monitor, which resulted in smoke in the flight compartment. 
The cause has been attributed to the failure of a current-limiting 
resistor in the power supply circuit in the battery temperature 
monitor. This condition, if not corrected, could result in smoke in the 
flight compartment.
    De Havilland has issued Service Bulletin S.B. 8-24-53, dated 
September 7, 1994, which describes procedures for modification of a 
certain battery temperature monitor. This modification involves either 
replacing the Ametek/Weston battery temperature monitor having part 
number (P/N) 522487, with a new monitor having P/N 522487-1; or 
reworking the monitor having P/N 522487, to create a new P/N 522487-1. 
The rework procedure involves replacing a certain resistor (R1) with a 
new resistor; adding a certain diode (CR11) to the circuit board; and 
re-identifying the battery temperature monitor. Transport Canada 
Aviation classified this service bulletin as mandatory and issued 
Canadian airworthiness directive CF-94-22, dated November 24, 1994, in 
order to assure the continued airworthiness of these airplanes in 
Canada.
    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, Transport Canada Aviation has kept 
the FAA informed of the situation described above. The FAA has examined 
the findings of Transport Canada Aviation, 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.
    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 modification of a 
certain battery temperature monitor. The actions would be required to 
be accomplished in accordance with the service bulletin described 
previously.
    As a result of recent communications with the Air Transport 
Association (ATA) of America, the FAA has learned that, in general, 
some operators may misunderstand the legal effect of AD's on airplanes 
that are identified in the applicability provision of the AD, but that 
have been altered or repaired in the area addressed by the AD. The FAA 
points out that all airplanes identified in the applicability provision 
of an AD are legally subject to the AD. If an airplane has been altered 
or repaired in the affected area in such a way as to affect compliance 
with the AD, the owner or operator is required to obtain FAA approval 
for an alternative method of compliance with the AD, in accordance with 
the paragraph of each AD that provides for such approvals. A note has 
been included in this notice to clarify this requirement.
    The FAA estimates that 137 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. The cost of required parts 
would be nominal. Based on these figures, the total cost impact of the 
proposed AD on U.S. operators is estimated to be $8,220, or $60 per 
airplane.
    The total 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.
    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.

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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.
Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

De Havilland, Inc.: Docket 95-NM-12-AD.

    Applicability: Model DHC-8-102, -103, -106, -301, -311, and -314 
series airplanes, serial numbers 003 through 389 inclusive; equipped 
with Ametek/Weston battery temperature monitor having part number 
(P/N) 522487; 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 use the authority 
provided in paragraph (c) to request approval from the FAA. This 
approval may address either no action, if the current configuration 
eliminates the unsafe condition; or different actions necessary to 
address the unsafe condition described in this AD. Such a request 
should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the battery temperature monitor, which 
could result in smoke in the flight compartment, accomplish the 
following:
    (a) Within 6 months after the effective date of this AD, modify 
the battery temperature monitor in accordance with de Havilland 
[[Page 9649]] Service Bulletin S.B. 8-24-53, dated September 7, 
1994.
    (b) As of the effective date of this AD, no person shall install 
an Ametek/Weston battery temperature monitor, P/N 522487, on any 
airplane.
    (c) 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, Standardization Branch, ANM-113, 
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 Manager, 
Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (d) 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.

    Issued in Renton, Washington, on February 14, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-4121 Filed 2-17-95; 8:45 am]
BILLING CODE 4910-13-U