[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Rules and Regulations]
[Pages 64609-64612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31178]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-299-AD; Amendment 39-10903; AD 98-24-18]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-100 and -300 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Bombardier Model DHC-8-102 and -103 series 
airplanes, that currently requires a one-time inspection to detect 
disbonding of the upper and lower skin panels of the horizontal 
stabilizer, and repair, if necessary. This amendment establishes 
repetitive intervals for the inspection to detect disbonding of the 
upper and lower skin panels of the horizontal stabilizer. This 
amendment also revises the applicability of the existing AD to include 
certain additional airplanes, and to exclude certain other airplanes. 
This amendment is prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The actions specified by this AD are intended to prevent reduced 
strength capability and consequent failure of the horizontal 
stabilizer, which could result in loss of controllability of the 
airplane.

DATES: Effective December 8, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before December 23, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-299-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.

[[Page 64610]]

    The service information referenced in this AD 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, Engine and Propeller 
Directorate, New York Aircraft Certification Office, 10 Fifth Street, 
Third Floor, Valley Stream, New York.

FOR FURTHER INFORMATION CONTACT: Serge Napoleon, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, Engine and Propeller 
Directorate, New York Aircraft Certification Office, 10 Fifth Street, 
Third Floor, Valley Stream, New York 11581; telephone (516) 256-7512; 
fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: On March 5, 1998, the FAA issued AD 98-05-
03, amendment 39-10389 (63 FR 11987, March 12, 1998), applicable to 
certain Bombardier (formerly de Havilland) Model DHC-8-102 and -103 
series airplanes, to require a one-time inspection to detect disbonding 
of the upper and lower skin panels of the horizontal stabilizer, and 
repair, if necessary. That action was prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions required by that AD are intended to prevent 
reduced strength capability and consequent failure of the horizontal 
stabilizer, which can result in loss of controllability of the 
airplane.

Actions Since Issuance of Previous Rule

    Transport Canada Aviation (TCA), which is the airworthiness 
authority for Canada, notified the FAA that, during the one-time 
inspection performed in accordance with AD 98-05-03 and the parallel 
Canadian airworthiness directive CF-98-01, disbonding of doublers and 
stringers from the upper and lower skin of the horizontal stabilizer 
was detected on several Model DHC-8-102 and -103 series airplanes. 
Because these airplanes were close together in serial number, the 
problem of disbonding was attributed to discrepancies in the bonding 
process on a single batch of skin panels installed on certain 
Bombardier Model DHC-8-102 and -103 series airplanes.
    As a result of these findings, TCA issued Canadian airworthiness 
directive CF-98-24, dated August 19, 1998, to require repetitive 
ultrasonic inspections to detect disbonding of the upper and lower skin 
panels of the horizontal stabilizer. During repeat inspections 
performed in accordance with that airworthiness directive, disbonding 
was detected on several airplanes on which no disbonding was detected 
during the initial inspection.
    Based on the information provided by TCA, the FAA has determined 
that the one-time inspection required by AD 98-05-03 may not be 
adequate to detect disbonding of the upper and lower skin panels of the 
horizontal stabilizer and, therefore, may not be providing an adequate 
level of safety for the transport airplane fleet.

FAA's Conclusions

    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, TCA has kept the FAA informed of the 
situation described above. The FAA has examined the findings of TCA, 
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.

Explanation of Requirements of Rule

    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 supersedes AD 98-05-03 to require 
repetitive ultrasonic inspections to detect disbonding of the upper and 
lower skin panels of the horizontal stabilizer, and repair, if 
necessary. In addition, this AD also revises the applicability of the 
existing AD to include certain additional airplanes, and to exclude 
certain other airplanes. This AD also requires that operators report 
inspection results, both positive and negative findings, to Bombardier.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Differences Between This Rule and the Foreign Airworthiness 
Directive

    Operators should note that the parallel Canadian airworthiness 
directive CF-98-24 specifies that any disbonding that is detected that 
is beyond the local disbonding limits specified in de Havilland Product 
Support Manual (PSM) 1-8-7A, part 5, section 55-00-01, dated July 15, 
1996, shall be repaired prior to further flight. However, this AD 
requires that all disbonding, whether it is within or beyond the 
limits, be repaired prior to further flight. This AD also specifies 
that disbonding that exceeds the limits specified in the PSM must be 
repaired in accordance with a method approved by the FAA.

Explanation of Applicability

    Operators should note that AD 98-05-03 and parallel Canadian 
airworthiness directive CF-98-01, dated February 19, 1998, are 
applicable to Model DHC-8-102 and -103 series airplanes having serial 
numbers 003 through 050 inclusive. Since the issuance of AD 98-05-03, 
TCA has advised the FAA that the serial numbers of the airplanes may 
differ from the Canadian Aviation Products (CAP) serial number of the 
horizontal stabilizer. Therefore, it may be necessary for operators to 
check the data plate located on the left side of the horizontal 
stabilizer to determine the serial number of the horizontal stabilizer. 
Also, the applicability of Canadian airworthiness directive CF-98-24 
includes additional airplanes. For these reasons, this AD (and parallel 
Canadian airworthiness directive CF-98-24) is applicable to Model DHC-
8-100 and -300 series airplanes equipped with a CAP horizontal 
stabilizer having serial numbers CAP 003 through CAP 214 inclusive.

Determination of Rule's Effective Date

    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.

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

[[Page 64611]]

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 98-NM-299-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    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, 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 39-10389 (63 FR 
11987, March 12, 1998), and by adding a new airworthiness directive 
(AD), amendment 39-10903, to read as follows:

98-24-18  Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-10903. Docket 98-NM-299-AD. Supersedes AD 98-05-03, Amendment 39-
10389.

    Applicability: Model DHC-8-100 and -300 series airplanes, 
equipped with Canadian Aviation Products (CAP) horizontal 
stabilizers having Serial Numbers CAP 003 through CAP 214 inclusive, 
certificated in any category.

    Note 1: It may be necessary to check the data plate on the left 
side of the horizontal stabilizer to determine the serial number of 
the horizontal stabilizer, because the serial number of the 
horizontal stabilizer may not be the same as the airplane serial 
number.
    Note 2: 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 request approval for an 
alternative method of compliance in accordance with paragraph (f)(1) 
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 reduced strength capability and consequent failure of 
the horizontal stabilizer, which could result in loss of 
controllability of the airplane, accomplish the following:

Restatement of Requirements of AD 98-05-03

    Note 3: Accomplishment of the actions required by paragraph (a) 
of this AD is not intended to supersede the ongoing requirements of 
the Airworthiness Limitation identified in the Maintenance Review 
Board (MRB) report as Task 5500/01.

    (a) For Model DHC-8-102 and -103 series airplanes having Serial 
Numbers 003 through 050 inclusive: Perform a one-time ultrasonic 
bond inspection to detect disbonding of the upper and lower skin 
panels of the horizontal stabilizer, at the time specified in 
paragraph (a)(1) or (a)(2) of this AD, as applicable; in accordance 
with de Havilland Product Support Manual (PSM) 1-8-7A, part 5, 
section 55-00-01, dated July 15, 1996.
    (1) For airplanes having Serial Numbers 010 through 040 
inclusive: Inspect within 20 flight cycles or 7 days after March 17, 
1998 (the effective date of AD 98-05-03, amendment 39-10389), 
whichever occurs first.
    (2) For airplanes having Serial Numbers 003 through 009 
inclusive and 041 through 050 inclusive: Inspect within 60 flight 
cycles or 7 days after March 17, 1998, whichever occurs first.
    (b) If any disbonding is found during the inspection required by 
paragraph (a) of this AD: Prior to further flight, accomplish the 
actions specified by paragraph (b)(1), (b)(2), or (b)(3) of this AD, 
as applicable.
    (1) If the disbonding is below (smaller than) the limits 
specified in the PSM, no further action is required by this 
paragraph.
    (2) If the disbonding is within the limits specified in the PSM, 
repair the disbonded area in accordance with the DHC-8 Structural 
Repair Manual PSM 1-8-3.
    (3) If the disbonding exceeds the limits specified in the PSM or 
if a repair is not provided by the PSM, repair the disbonded area in 
accordance with a method approved by the Manager, New York Aircraft 
Certification Office (ACO), FAA, Engine and Propeller Directorate.

    Note 4: Where differences between this AD and the parallel 
Canadian airworthiness directive exist, this AD prevails.

    (c) Within 2 days after performing the inspection required by 
paragraph (a) of this AD: Submit a report of inspection findings, 
regardless of the results, to the Manager, New York ACO, FAA, Engine 
and Propeller Directorate, 10 Fifth Street, Third Floor, Valley 
Stream, New York 11581; fax (516) 568-2716. The report must include 
the airplane serial number, the stringer number, and the extent 
(length or surface area) of disbonding. For inspections performed 
after the effective date of this AD, reports also must include the 
horizontal stabilizer CAP number. (Operators may follow the 
guidelines provided in Figure 2 of de Havilland PSM 1-8-7A for 
reporting requirements.) Information collection requirements 
contained in this regulation have been approved by the Office of 
Management and Budget (OMB) under the provisions of the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been 
assigned OMB Control Number 2120-0056.

New Requirements of This AD

    (d) For Model DHC-8-100 and -300 series airplanes equipped with 
CAP horizontal stabilizers having serial numbers CAP 003 through CAP 
214 inclusive: Perform an ultrasonic bond inspection to detect 
disbonding of the upper and lower skin panels of the horizontal 
stabilizer, in accordance with de Havilland Product Support Manual 
(PSM) 1-8-7A, part 5, section 55-00-01, dated July 15, 1996; at the 
time specified in paragraph (d)(1) or (d)(2) of this AD, as 
applicable.
    (1) For Model DHC-8-100 and -300 series airplanes equipped with 
CAP horizontal stabilizers having serial numbers CAP 003 through CAP 
050 inclusive: Inspect within 1 month after the effective date of 
this AD, unless accomplished within 1 month prior to the effective 
date of this AD.

[[Page 64612]]

    (i) If no disbonding is detected, repeat the inspection one time 
within 14 months after the most recent inspection, but no earlier 
than 12 months after the most recent inspection. Thereafter, repeat 
the inspection at intervals not to exceed 2 years after the most 
recent inspection.
    (ii) If any disbonding is detected, prior to further flight, 
accomplish the actions specified by paragraph (b)(1), (b)(2), or 
(b)(3) of this AD, as applicable. Repair of the disbonded area in 
accordance with the DHC-8 Structural Repair Manual PSM 1-8-3 
constitutes terminating action for the repetitive inspection 
requirements specified in paragraph (d)(1)(i) of this AD.
    (2) For Model DHC-8-100 and -300 series airplanes equipped with 
CAP horizontal stabilizers having serial numbers CAP 051 through CAP 
214 inclusive: Inspect at the next regularly scheduled maintenance 
period, but no later than 90 days after the effective date of this 
AD, unless the inspection was accomplished within 10 months prior to 
the effective date of this AD.
    (i) If no disbonding is detected, repeat the inspection 
thereafter at intervals not to exceed 2 years. For airplanes that 
were inspected within 10 months prior to the effective date of this 
AD, repeat the inspection at an interval not to exceed 2 years after 
the most recent inspection, and thereafter at intervals not to 
exceed 2 years.
    (ii) If any disbonding is detected, prior to further flight, 
accomplish the actions specified by paragraph (b)(1), (b)(2), or 
(b)(3) of this AD, as applicable. Repair of the disbonded area in 
accordance with the DHC-8 Structural Repair Manual PSM 1-8-3 
constitutes terminating action for the repetitive inspection 
requirements specified in paragraphs (d)(2)(i) of this AD for the 
repaired area.
    (e) For any inspection performed in accordance with paragraph 
(d) of this AD, submit a report of inspection findings, regardless 
of the results, to Bombardier Aerospace Regional Aircraft Technical 
Services, phone (416) 375-4000, fax (416) 375-4539. Submit the 
report at the time specified in paragraph (e)(1), (e)(2), or (e)(3) 
of this AD, as applicable. The report must include the airplane 
serial number, horizontal stabilizer CAP number, and the extent 
(length or surface area) of disbonding. (Operators may follow the 
guidelines provided in Figure 2 of de Havilland PSM 1-8-7A for 
reporting requirements.) Information collection requirements 
contained in this regulation have been approved by the OMB under the 
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.) and have been assigned OMB Control Number 2120-0056.
    (1) For any inspection performed after the effective date of 
this AD: Submit a report within 7 days after the inspection.
    (2) For inspections performed within 1 month prior to the 
effective date of this AD, as specified in paragraph (d)(1) of this 
AD: Submit a report within 7 days after the effective date of this 
AD.
    (3) For inspections performed within 10 months prior to the 
effective date of this AD, as specified in paragraph (d)(2) of this 
AD: Submit a report within 7 days after the effective date of this 
AD.
    (f)(1) 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 ACO. 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.
    (f)(2) Alternative methods of compliance, approved previously in 
accordance with AD 98-05-03, amendment 39-10389, are approved as 
alternative methods of compliance with this AD.

    Note 5: 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.

    Note 6: The subject of this AD is addressed in Canadian 
airworthiness directive CF-98-24, dated August 19, 1998.

    (h) This amendment becomes effective on December 8, 1998.

    Issued in Renton, Washington, on November 16, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-31178 Filed 11-20-98; 8:45 am]
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