Has FAA taken any action to this point? Several reports of situations where pilots of Bombardier Inc. Model Otter DHC-3 airplanes with installed turbine engines experienced buffeting of the elevators and declared an emergency and safely landed their aircraft caused FAA to issue AD 2004-05-01, Amendment 39-13493 (69 FR 9523, March 1, 2004). AD 2004-05-01 currently prohibits operation of any affected airplane that incorporates STC No. SA3777NM, STC No. SA09866SC, or STC No. SA09857SC without incorporation of STC No. SA01059SE. These STCs are as follows:
STC No. SA3777NM (A.M. Luton installation of Pratt and Whitney PT6A-34/-135 engine);
STC No. SA09866SC (Texas Turbines Conversions, Inc. installation of Honeywell TPE-331 engine);
STC No. SA09857SC (Canada Turbine Conversions, Inc. installation of Walter M601E-11 engine); and
STC No. SA01059SE (American Automotives, Inc. to incorporate a new elevator servo-tab and redundant control linkage).
What has happened since AD 2004-05-01 to initiate this AD action? The FAA has since received and evaluated concerns, comments, and technical information related to all three STC configurations. Based on that evaluation, we have determined that further study is necessary for the STCs owned by Texas Turbines Conversions, Inc., and Canada Turbine Conversions, Inc.
FAA's Determination and Requirements of the AD
What has FAA decided? Therefore, we have determined that reference to the STCs owned by Texas Turbines Conversions, Inc., and Canada Turbine Conversions, Inc. should be removed from the AD.
What does this AD require? This AD revises AD 2004-05-01 by only requiring the actions on those Bombardier Inc. Model Otter DHC-3 airplanes that incorporate STC No. SA3777NM (A.M. Luton installation of Pratt and Whitney PT6A-34/-135 engine) and do not have a new elevator servo-tab and redundant control linkage installed (American Automotives, Inc. STC No. SA01059SE).
Does this mean the FAA cannot take regulatory action in the future? No. Removing the STCs owned by Texas Turbines Conversions, Inc., and Canada Turbine Conversions, Inc., from AD 2004-05-01 does not prevent us from issuing other regulatory action in the future on airplanes that incorporate these STCs.
It also does not commit us to any future action. We will take appropriate regulatory action if (after evaluation of the situation on these two STCs) we determine that there is an unsafe condition.
How does the revision to 14 CFR part 39 affect this AD? On July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs 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.
Comments Invited
Will I have the opportunity to comment before you issue the rule? This AD is a final rule that eliminates certain configurations that may have inadvertently grounded certain airplanes. In order to not inadvertently ground these airplanes, this action was not preceded by notice and an opportunity for public comment. It has no adverse economic impact and imposes no additional burden on any person than would have been necessary to do AD 2004-05-01.
However, we invite you to submit any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include "AD Docket No. 2000-CE-73-AD" in the subject line of your comments. If you want us to acknowledge receipt of your mailed comments, send us a self-addressed, stamped postcard with the docket number written on it; we will date-stamp your postcard and mail it back to you. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rulethat might suggest a need to modify it. If a person contacts us through a nonwritten communication, and that contact relates to a substantive part of this AD, we will summarize the contact and place the summary in the docket. We will consider all comments received by the closing date and may amend the AD in light of those comments.
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 "AD Docket No. 2000-CE-73-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
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
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
39.13 [Amended]
2. The FAA amends 39.13 by removing Airworthiness Directive (AD) 2004-05-01, Amendment 39-13493 (69 FR 9523, March 1, 2004), and by adding a new AD to read as follows: