[Federal Register Volume 61, Number 79 (Tuesday, April 23, 1996)]
[Proposed Rules]
[Pages 17855-17857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9933]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-268-AD]


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain de Havilland Model 
DHC-8-301, -311, and -315 series airplanes, that currently requires 
modification of the airspeed limitations placard and revision of the 
Airplane Flight Manual to specify operating at lower airspeeds when the 
airplane is operating at full flaps. That action also provides for the 
optional termination of the requirements of the AD for certain 
airplanes. That action was prompted by a report that incorrect rivets 
were installed on the outboard flaps assemblies of these airplanes. The 
actions specified in that 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. This action would require installation 
of the terminating modification on certain airplanes.

DATES: Comments must be received by June 3, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-268-AD, 1601 Lind Avenue SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 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 M3K 1Y5, Canada. 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.

FOR FURTHER INFORMATION CONTACT: Franco Pieri, Aerospace Engineer, 
Airframe 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:

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

[[Page 17856]]

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-268-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 FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-268-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On December 22, 1995, the FAA issued AD 95-26-17, amendment 39-9475 
(61 FR 5277, February 12, 1996), applicable to certain de Havilland 
Model DCH-8-301, -311, and -315 series airplanes, to require 
modification of the airspeed limitations placard to indicate that the 
airplane must be flown at reduced airspeed when flying at 35 degrees 
flaps. Additionally, that AD requires a revision to the FAA-approved 
Airplane Flight Manual (AFM) for all airplanes to include information 
relative to reducing airspeed at 35 degrees flaps. For Model DHC-8-311 
and -315 series airplanes, that AD also provides for an optional 
termination action for the requirements of the AD by modifying the 
outboard flaps (installation of Modification 8/2066).
    That action was prompted by a report that incorrect rivets were 
installed on the outboard flaps assemblies of these airplanes. The 
actions specified in that 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.
    In the preamble to AD 95-26-17, the FAA indicated that it regarded 
the requirements of that AD to be interim action, and that it was 
considering additional rulemaking to mandate the optional terminating 
action that was provided in that AD. This notice follows from the FAA's 
decision to mandate that terminating action.

Description of Pertinent Service Information

    De Havilland has issued Service Bulletin S.B. 8-57-24, Revision 
`A,' dated September 26, 1995, which describes installation of 
Modification 8/2066 at the outboard flaps. That modification entails 
drilling out the suspect rivets and installing new DD rivets. The 
modification positively addresses the previously identified unsafe 
condition associated with the suspect rivets, and accomplishment of it 
eliminates the need for the airspeed limitations placard (which was the 
subject of AD 95-26-17). This modification, however, is applicable only 
to Model DHC-8-311 and -315 series airplanes; a corrective modification 
has not yet been developed for Model DHC-8-301 series airplanes.
    Transport Canada classified the de Havilland 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.

Description of the Proposed Requirements

    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 supersede AD 95-26-17.
    For Model DHC-8-301 series airplanes, it would continue to require 
modification of the airspeed limitations placard and revision of the 
AFM to specify operating at lower airspeeds when the airplane is 
operating at full flaps. -
    For Model DHC-8-311 and -315 series airplanes, it would require 
that the terminating modification (Modification 8/2066) be installed on 
within two years. The modification would be required to be accomplished 
in accordance with the service bulletin described previously. Once the 
modification is installed, the currently-required placard and AFM 
revision may be removed. Additionally, this proposal would require that 
Modification 8/2066 be installed on certain outboard flap assemblies 
prior to their installation on these airplanes. -
    The FAA has determined that long term continued operational safety 
will be better assured by design changes to remove the source of the 
problem, rather than by special operating procedures. Long term special 
operating procedures may not be providing the degree of safety 
assurance necessary for the transport airplane fleet. This, coupled 
with a better understanding of the human factors associated with 
numerous continual special procedures, has led the FAA to consider 
placing less emphasis on special procedures and more emphasis on design 
improvements. The proposed modification requirement of this AD action 
is in consonance with these considerations.

Cost Impact -

    There are approximately 18 de Havilland Model DHC-8-301, -311, and 
-315 series airplanes of U.S. registry would be affected by this 
proposed AD. -
    The actions that are currently required by AD 95-26-17 
(modification of the airspeed limitations placard and revision of the 
Airplane Flight Manual) affect all 18 U.S.-registered airplanes. Those 
actions take approximately .5 work hour per airplane to accomplish, at 
an average labor rate of $60 per work hour. The cost of required parts 
is negligible. Based on these figures, the cost impact on U.S. 
operators of the actions currently required is estimated to be $540, or 
$30 per airplane. -
    The new actions that are proposed in this AD action (installation 
of the terminating modification) would affect 14 U.S.-registered Model 
DHC-8-311 and -315 series airplanes. The proposed actions would take 
approximately 60 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would be provided by 
the manufacturer at no cost to operators. Based on these figures, the 
cost impact on U.S. operators of the proposed requirements of this AD 
is estimated to be $50,400, or $3,600 per airplane. -
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of

[[Page 17857]]

the current or proposed requirements of this AD action, and that no 
operator would accomplish those actions in the future if this AD were 
not adopted.

Regulatory Impact -

    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. 106(g), 40113, 44701.


Sec. 39.13  [Amended] -

    2. Section 39.13 is amended by removing amendment 39-9475 (61 FR 
5277, February 12, 1996), and by adding a new airworthiness directive 
(AD), to read as follows:

    De Havilland, Inc.: Docket 95-NM-268-AD. Supersedes AD 95-26-17, 
amendment 39-9475.

    -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 
otherwise 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 request approval for an 
alternative method of compliance in accordance with paragraph (f) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it. -
    Compliance: Required as indicated, unless accomplished 
previously. -
    (a) Within 30 days after February 27, 1996 (the effective date 
of AD 95-26-17, amendment 39-9475, 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: Within 2 
years after the effective date of this AD, install Modification 8/
2066 in accordance with de Havilland Service Bulletin S.B. 8-57-24, 
Revision `A', dated September 26, 1995. Such installation 
constitutes terminating action for the requirements of paragraphs 
(a) and (b) 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) Except as required by paragraph (e) of this AD: As of 
February 27, 1996 (the effective date of AD 95-26-17, amendment 39-
9475), 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. -
    (e) For Model DHC-8-311 and -315 series airplanes: As of two 
years after the effective date of this AD, prior to the 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, install Modification 8/2066 
on the affected flap assembly in accordance with that service 
bulletin. Installation of this modification terminates the 
requirements specified in paragraphs (a), (b), and (d) of this AD. -
    (f) 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. -

    (g) Special flight permits may be issued in accordance with 
Secs. 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 April 17, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-9933 Filed 4-22-96; 8:45 am]
BILLING CODE 4910-13-U