[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Rules and Regulations]
[Pages 34368-34370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16807]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-268-AD; Amendment 39-9685; AD 96-14-03]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes 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 by 
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 new amendment requires the installation of the 
previously optional terminating modification on certain airplanes.
DATES: Effective August 6, 1996.

    The incorporation by reference of de Havilland Service Bulletin 
S.B. 8-57-24, Revision `A', dated September 26, 1995; and DHC-8 Model 
301 Flight Manual, PSM 1-83-1A, Flight Manual Revision 57, dated 
September 26, 1995; as listed in the regulations, was approved 
previously by the Director of the Federal Register as of February 27, 
1996 (61 FR 5277, February 12, 1996).

ADDRESSES: Service information referenced in this amendment may be 
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division, 
Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada. Copies 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 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 95-26-17, 
amendment 39-9475 (61 FR 5277, February 12, 1996), which is applicable 
to certain de Havilland Model DHC-8-

[[Page 34369]]

301,-311, and-315 series airplanes, was published in the Federal 
Register on April 23, 1996 (61 FR 17855).
    For Model DHC-8-301 series airplanes, the action proposed to 
continue to require modification of the airspeed limitations placard 
and revision of the airplane flight manual (AFM) to specify operating 
at lower airspeeds when the airplane is operating at full flaps.
    For Model DHC-8-311 and-315 series airplanes, the action proposed 
to require that the previously optional terminating modification 
(Modification 8/2066) be installed within two years. Once that 
modification is installed, the currently-required airspeed limitations 
placard and AFM revision may be removed. Additionally, the action 
proposed to require that Modification 8/2066 be installed on certain 
outboard flap assemblies prior to their installation on these 
airplanes.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    There are approximately 18 de Havilland Model DHC-8-301,-311, and-
315 series airplanes of U.S. registry that will 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 required by this new AD (installation of 
the terminating modification) will affect 14 U.S.-registered Model DHC-
8-311 and-315 series airplanes. The required actions will take 
approximately 60 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts will be provided by the 
manufacturer at no cost to operators. Based on these figures, the cost 
impact on U.S. operators of the new 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 the 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 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.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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 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), amendment 39-9685, to read as follows:

96-14-03 de Havilland, Inc.: Amendment 39-9685. 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.
    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, 
accomplish the following:
    (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

[[Page 34370]]

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 2: 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 
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.
    (h) 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. The incorporation by reference of 
these two documents was approved previously by the Director of the 
Federal Register, in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51, as of February 27, 1996 (61 FR 5277, February 12, 1996). Copies 
may be obtained from Bombardier, Inc., Bombardier Regional Aircraft 
Division, Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada. 
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.
    (i) This amendment becomes effective on August 6, 1996.

    Issued in Renton, Washington, on June 26, 1996.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-16807 Filed 7-1-96; 8:45 am]
BILLING CODE 4910-13-U