Examining the Docket
You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to certain Bombardier Model DHC-8-301, -311, and -315 airplanes. That NPRM was published in the Federal Register on March 17, 2005 (70 FR 12981). That NPRM proposed to require replacing the pressure control valve of the Type 1 emergency door.
Comments
We provided the public the opportunity to participate in the development of this AD. We have considered the comments from the single commenter that have been received on the NPRM.
Request To Reference Parts Manufacturer Approval (PMA) Parts
The commenter, Modification and Replacement Parts Association (MARPA), requests that the language in the NPRM be changed to permit installation of PMA equivalent parts.
We infer that MARPA would like the AD to permit installation of any equivalent PMA parts so that it is not necessary for an operator to request approval of an alternative method of compliance (AMOC) in order to install an "equivalent'' PMA part. Whether an alternative part is "equivalent'' in adequately resolving the unsafe condition can only be determined on a case-by-case basis based on a complete understanding of the unsafe condition. We are not currently aware of any such parts. Our policy is that, in order for operators to replace a part with one that is not specified in the AD, they must request an AMOC. This is necessary so that we can make a specific determination that an alternative part is or is not susceptibleto the same unsafe condition.
The AD provides a means of compliance for operators to ensure that the identified unsafe condition is addressed appropriately. For an unsafe condition attributable to a part, the AD normally identifies the replacement parts necessary to obtain that compliance. As stated in section 39.7 of the Federal Aviation Regulations (14 CFR 39.7), "Anyone who operates a product that does not meet the requirements of an applicable airworthiness directive is in violation of this section.'' Unless an operator obtains approval for an AMOC, replacing a part with one not specified by the AD would make the operator subject to an enforcement action and result in a civil penalty. No change to the final rule is necessary in this regard.
Request To Address Defective PMA Parts
MARPA also requests that the NPRM be changed to identify affected defective parts by manufacturer name and part number, as well as by Bombardier part number, so that defective PMA parts are also subject to the proposed AD. MARPA notes that "it is possible that alternative parts approved under Canadian MOT PDA provisions or FAA PMA (14 CFR 21.303(a)) provisions may exist.'' MARPA states that PMA manufacturers are encouraged to identify PMA parts by alternative designations different from the original equipment manufacturer (OEM) parts for which they are approved replacements. Therefore, MARPA asserts that a regulatory loophole is created if a "defective'' PMA part is installed, because only the OEM part will be identified in the manufacturer service information.
We concur with the MARPA's general request that, if we know that an unsafe condition also exists in PMA parts, the AD should address those parts, as well as the original parts. However, as we stated previously, we are not aware of any such parts relating to this AD. MARPA's remarks are timely in that the Transport Airplane Directorate currently is in the process of reviewing this issue as it applies to transport category airplanes. We acknowledge that there may be other ways of addressing this issue to ensure that unsafe PMA parts are identified and addressed. Once we have thoroughly examined all aspects of this issue, including input from industry, and have made a final determination, we will consider whether our policy regarding addressing PMA parts in ADs needs to be revised. We consider that to delay this AD action would be inappropriate, since we have determined that an unsafe condition exists and that replacement of certain parts must be accomplished to ensure continued safety. Therefore, no change has been made to the final rule in this regard.
Addition of New Service Information
Since we issued the NPRM, we have received Revision A of Bombardier Service Bulletin 8-52-60, dated April 28, 2003. This service bulletin was issued to update Material--Price and Availability information and to inform operators that Bombardier Drawing 8Z4036, listed as a reference, was revised to show a new orientation of one bracket and clamp on View C-C. We have revised paragraph (f) of the final rule to reference Revision A of the service bulletin, added a new paragraph (g) to give operators credit for accomplishing the required actions before the effective date of the AD, and re-identified subsequent paragraphs accordingly.
Clarification of AMOC Paragraph
We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD will affect about 13 airplanes of U.S. registry. The requiredactions will take about 6 work hours per airplane, at an average labor rate of $65 per work hour. Required parts will cost about $700 per airplane. Based on these figures, the estimated cost of the AD for U.S. operators is $14,170, or $1,090 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. 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.
We are issuing this rulemaking 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 rulemaking action.
Regulatory Findings
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.
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 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 AD and placed it in the AD docket. 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, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):