[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Rules and Regulations]
[Pages 5277-5279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2951]



-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-261-AD; Amendment 39-9475; AD 95-26-17]


Airworthiness Directives; de Havilland Model DHC-8-301, -311, and 
-315 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain de Havilland Model DHC-8-301, -311, and -315 
series airplanes. This action requires modification of the airspeed 
limitations placard and revision of the Airplane Flight Manual to 
specify operating at lower airspeeds at full flaps. This action also 
provides for the termination of the requirements of this AD for certain 
airplanes. This amendment is prompted by a report that incorrect rivets 
were installed on the outboard flaps assemblies of these airplanes. The 
actions specified in this AD are intended to prevent structural failure 
of the outboard flaps of the wings due to the installation of incorrect 
rivets in the flap assemblies, which could result in reduced 
controllability of the airplane.

DATES: Effective February 27, 1996. -
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 27, 1996. -
    Comments for inclusion in the Rules Docket must be received on or 
before April 12, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-261-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. -
    The service information referenced in this AD 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, New York Aircraft Certification 
Office, Engine and Propeller Directorate, 10 Fifth Street, Third Floor, 
Valley Stream, New York; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Franco Pieri, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, Engine and Propeller Directorate, 10 Fifth 
Street, Third Floor, Valley Stream, New York 11581; telephone (516) 
256-7526; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: 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-8-301, -
311, and -315 series airplanes. Transport Canada Aviation advises that 
incorrect rivets were installed during manufacture of the outboard flap 
assemblies of these airplanes. Investigation revealed that AD rivets 
were installed on the outboard flaps instead of DD rivets. AD rivets 
are made of a material that is not as strong as that of DD rivets. This 
condition, if not corrected, could result in structural failure of the 
outboard flaps of the wings, and subsequent reduced controllability of 
the airplane. -
    The manufacturer has issued de Havilland Service Bulletin S.B. 8-
57-24, Revision `A', dated September 26, 1995, which describes 
procedures for modification (8/2498) of the airspeed limitations 
placard to specify a lower airspeed at 35 degrees flaps. -
    The service bulletin also describes procedures for modification (8/
2066) of the outboard flaps, which entails drilling out the AD rivets 
and installing new DD rivets on Model DHC-8-311 and -315 series 
airplanes. Following accomplishment of this modification, the service 
bulletin specifies removal of the airspeed limitations placard 
(Modification 8/2498). A corrective modification has not yet been 
developed for Model DHC-8-301 series airplanes. -
    Transport Canada Aviation classified this service bulletin as 
mandatory and issued Canadian airworthiness directive CF-95-05R1, dated 
October 19, 1995, in order to assure the continued airworthiness of 
these airplanes in Canada. In addition, the Canadian airworthiness 
directive requires a revision to the Airplane Flight Manual (AFM), 
which specifies operating at a lower airspeed at full flaps. The 
Canadian airworthiness directive references DHC-8 Model 301 Flight 
Manual, PSM 1-83-1A, Flight Manual Revision 57, dated September 26, 
1995, for accomplishment of the AFM revision for Model DHC-8-301 series 
airplanes. -
    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, 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, this AD is being issued to prevent structural 
failure of the outboard flaps of the wings and subsequent reduced 
controllability of the airplane. This AD requires modification of the 
airspeed limitations placard to indicate that the airplane must be 
flown at reduced airspeed when flying at 35 degrees flaps. This action 
is required to be accomplished in accordance with the service bulletin 
described previously. -
    Additionally, this AD requires a revision to the AFM for all 
airplanes to include information relative to reducing airspeed at 35 
degrees flaps. (The revision for Model DHC-8-301 series airplanes is 
described in DHC-8 Model 301 Flight Manual, PSM 1-83-1A, Flight Manual 
Revision 57, dated September 26, 1995.) -
    For Model DHC-8-311 and -315 series airplanes, this AD also 
provides for termination of the requirements of the AD by modifying the 
outboard flaps (installation of Modification 8/2066). -
    This is considered to be interim action. The FAA is currently 
considering requiring the accomplishment of Modification 8/2066 on the 
applicable airplanes, which will constitute terminating action for the 
requirements of this AD action. However, the planned compliance time 
for accomplishment of this modification is sufficiently long so that 
prior notice and time for public comment will be practicable. -
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days. 

[[Page 5278]]


Comments Invited -

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed. -
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket. -
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-261-AD.'' The postcard will be date stamped and 
returned to the commenter. -
    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment. -
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39 -

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment -

    Accordingly, pursuant to 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 USC 106(g), 40101, 40113, 44701.


Sec. 39.13  [Amended] -

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

95-26-17  De Havilland, Inc.: Amendment 39-9475. Docket 95-NM-261-
AD.

    -Applicability: Model DHC-8-301, -311, and -315 series 
airplanes; as listed in de Havilland Service Bulletin S.B. 8-57-24, 
Revision `A', dated September 26, 1995; 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 (e) of this AD 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 structural failure of the outboard flaps of the wings 
and subsequent reduced controllability of the airplane, accomplish 
the following: -
    (a) Within 30 days after the effective date of this AD, 
accomplish the modification of the airspeed limitation placards 
(Modification 8/2498) in accordance with de Havilland Service 
Bulletin S.B. 8-57-24, Revision `A', dated September 26, 1995. -
    (b) Prior to further flight following accomplishment of the 
modification required by paragraph (a) of this AD, revise the 
Limitations Section of the FAA-approved Airplane Flight Manual (AFM) 
by accomplishing either paragraph (b)(1) or (b)(2) of this AD, as 
applicable; and operate the airplane in accordance with those 
limitations. -
    (1) For Model DHC-8-301 series airplanes: Include the 
information specified in DHC-8 Model 301 Flight Manual, PSM 1-83-1A, 
Flight Manual Revision 57, dated September 26, 1995, which specifies 
a lower airspeed limitation at full flaps. This may be accomplished 
by inserting a copy of Flight Manual Revision 57 into the AFM. -
    (2) For Model DHC-8-311 and -315 series airplanes: Include the 
following statement in section 2, paragraph 2.4.1.2., of the AFM. 
This may be accomplished by inserting a copy of this AD in the AFM.

``Flap extended speed (VFE): Flaps 35 degrees 130 knots IAS'' -

    (c) For Model DHC-8-311 and -315 series airplanes: 
Accomplishment of Modification 8/2066 in accordance with de 
Havilland Service Bulletin S.B. 8-57-24, Revision `A', dated 
September 26, 1995, constitutes terminating action for the 
requirements of this AD. Following accomplishment of Modification 8/
2066, the airspeed limitations placard (Modification 8/2498) 
required by paragraph (a) of this AD and the AFM limitation required 
by paragraph (b) of this AD may be removed. -
    (d) As of the effective date of this AD, Modification 8/2498 
must be accomplished in accordance with de Havilland Service 
Bulletin S.B. 8-57-24, Revision `A', dated September 26, 1995, prior 
to installation of any outboard flap assembly having a part number 
and serial number that is listed in de Havilland Service Bulletin 
S.B. 8-57-24, Revision `A', dated September 26, 1995.

    -Note 2: For Model DHC-8-311 and -315 series airplanes: 
Accomplishment of Modification 8/2066 in accordance with de 
Havilland Service Bulletin S.B. 8-57-24, Revision `A', dated 
September 26, 1995, is considered acceptable for compliance with the 
requirements of paragraph (d) of this AD.

    -(e) 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, New York Aircraft Certification 
Office (ACO), FAA, Engine and Propeller Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, New York ACO.

    -Note: 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York ACO. -

    (f) 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 

[[Page 5279]]
a location where the requirements of this AD can be accomplished. -
    (g) The modifications shall be done in accordance with de 
Havilland Service Bulletin S.B. 8-57-24, Revision `A', dated 
September 26, 1995. The AFM revision may be done in accordance with 
DHC-8 Model 301 Flight Manual, PSM 1-83-1A, Flight Manual Revision 
57, dated September 26, 1995, for Model DHC-8-301 series airplanes. 
The incorporation by reference of these documents was approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies may be obtained from Bombardier, 
Inc., Bombardier Regional Aircraft Division, Garratt Boulevard, 
Downsview, Ontario, Canada M3K 1Y5. Copies may be inspected at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, New York Aircraft Certification Office, 
Engine and Propeller Directorate, 10 Fifth Street, Third Floor, 
Valley Stream, New York; or at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC. -
    (h) This amendment becomes effective on February 27, 1996.

    Issued in Renton, Washington, on December 22, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-2951 Filed 2-9-96; 8:45 am]
BILLING CODE 4910-13-U