[Federal Register Volume 68, Number 169 (Tuesday, September 2, 2003)]
[Rules and Regulations]
[Pages 52083-52085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21870]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-109-AD; Amendment 39-13288; AD 2003-17-13]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106, 
-201, -202, -301, -311, and -315 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Bombardier Model DHC-8-102, -103, -106, -201, -
202, -301, -311, and -315 airplanes. This AD requires replacement of 
the elevator stop bumpers of the horizontal stabilizer with new 
bumpers. The actions specified by this AD are intended to prevent 
damage to the elevator trailing edge due to a broken or missing 
elevator stop bumper, which could result in jamming of the spring tab 
and consequent reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Effective October 7, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 7, 2003.

ADDRESSES: The service information referenced in this AD may be 
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division, 
123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada. This 
information may be examined at the Federal Aviation Administration 
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, New York Aircraft Certification 
Office, 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: Serge Napoleon, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Bombardier Model DHC-8-
102, -103, and -106 airplanes; Model DHC-8-201 and -202 airplanes; and 
Model DHC-8-301, -311, and -315 airplanes; was published as a 
supplemental notice of proposed rulemaking (NPRM) in the Federal 
Register on June 2, 2003 (68 FR 32695). That action proposed to require 
replacement of the elevator stop bumpers of the horizontal stabilizer 
with new bumpers.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.

Request To Provide for Incorporation of Temporary Revisions (TRs) Into 
General Revisions of Maintenance Program Support Manual (PSM)

    One commenter requests that the FAA revise the supplemental NPRM to 
address the issue of the future incorporation of the TRs referenced in 
the supplemental NPRM into the general revisions of the applicable 
PSMs. The commenter states that providing for this eventuality in this 
AD would eliminate the need for operators to request approval from the 
FAA of an alternative method of compliance (AMOC) with this AD in the 
future.
    We concur. Once TRs have been incorporated into the PSM, the TRs 
are voided. Thus, referring to the TRs alone may necessitate that 
operators must apply for an AMOC once the information in the applicable 
TR has been incorporated into the applicable PSM. We have added a new 
paragraph (c) to this AD, and re-identified subsequent paragraphs 
accordingly, to state that, when the information in the applicable TR 
has been included in the general revisions of the applicable PSM, the 
general revisions may be inserted in the PSM, and the applicable TR may 
be removed from the Airworthiness Limitations section of the 
Instructions for Continued Airworthiness.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change previously 
described. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Interim Action

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

Change to Labor Rate Estimate

    Since the issuance of the supplemental NPRM, we have reviewed the 
figures we have used over the past several years to calculate AD costs 
to operators. To account for various inflationary costs in the airline 
industry, we find it necessary to increase the labor rate used in these 
calculations from $60 per work hour to $65 per work hour. The cost 
impact information, below, reflects this increase in the specified 
hourly labor rate.

[[Page 52084]]

Cost Impact

    We estimate that 195 Bombardier Model DHC-8-102, -103, and -106 
airplanes; Model DHC-8-201 and -202 airplanes; and Model DHC-8-301, -
311, and -315 airplanes; of U.S. registry will be affected by this AD, 
that it will take approximately 2 work hours per airplane to accomplish 
the required actions, and that the average labor rate is $65 per work 
hour. Based on these figures, the cost impact of this AD on U.S. 
operators is estimated to be $25,350, or $130 per airplane.
    The cost impact figure discussed above is 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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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

0
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

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-17-13 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-13288. Docket 2001-NM-109-AD.

    Applicability: Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 airplanes; certificated in any category; serial 
numbers 003 and subsequent.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent damage to the elevator trailing edge due to a broken 
or missing elevator stop bumper, which could result in jamming of 
the spring tab and consequent reduced controllability of the 
airplane, accomplish the following:

Revision of Airworthiness Limitation (AWL) Section

    (a) For all airplanes: Within 30 days after the effective date 
of this AD, revise the AWL section of the Instructions for Continued 
Airworthiness by inserting a copy of the following applicable de 
Havilland, Inc., temporary revision into the AWL section:

                                           Table--Temporary Revisions
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                                                                                                          Of
                                                                                                     maintenance
                                                                                                       program
             For model Nos.--                 de Havilland, Inc., TR               Dated               support
                                                                                                        manual
                                                                                                        (PSM)
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DHC-8-102, -103, and -106 airplanes......  AWL-84.....................  December 20, 2002..........        1-8-7
DHC-8-201 and -202 airplanes.............  AWL 2-24...................  December 20, 2002..........       1-82-7
DHC-8-301, -311, -314, and -315 airplanes  AWL 3-91...................  December 20, 2002..........       1-83-7
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    (b) Thereafter, except as provided in paragraphs (d) and (e) of 
this AD, no alternative replacement intervals may be approved for 
the elevator stop bumpers.

Incorporation of TRs Into General Revisions

    (c) When the information in the applicable de Havilland, Inc., 
TR listed in the table in this AD has been included in the general 
revisions of the applicable PSM listed in the table in this AD, the 
general revisions may be inserted in the PSM, and the applicable TR 
may be removed from the AWL section of the Instructions for 
Continued Airworthiness.

Phase-In Replacement

    (d) For elevator stop bumpers that have accumulated more than 
5,000 total flight hours or have more than 30 months total time-in-
service as of the effective date of this AD: Within 6 months or 
1,000 flight hours after the effective date of this AD, whichever 
occurs first, replace the left and right upper and lower elevator 
stop bumpers of the horizontal stabilizer with new bumpers having 
the same part numbers as the existing bumpers, per the procedures 
specified in the applicable Dash 8 (de Havilland, Inc.) Maintenance 
Task Card 2730/22, dated April 25, 2001 (for series 100, 200, and 
300). Repeat the replacement thereafter per the intervals specified 
in the AWL revision required by paragraph (a) of this AD.

Alternative Methods of Compliance

    (e) Per 14 CFR 39.19, the Manager, New York Aircraft 
Certification Office, FAA, is authorized to approve alternative 
methods of compliance for this AD.

Incorporation by Reference

    (f) Unless otherwise specified in this AD, the actions shall be 
done in accordance with de Havilland, Inc., Temporary Revision AWL-
84, dated December 20, 2002, to the Airworthiness Limitations List 
of Maintenance Program Support Manual 1-8-7, and Dash 8 Series 100 
(de Havilland, Inc.) Maintenance Task Card 2730/22, dated April 25, 
2001; or de Havilland, Inc., Temporary Revision AWL 2-24, dated 
December 20, 2002, to the Airworthiness Limitations List of 
Maintenance Program Support Manual 1-82-7, and Dash 8 Series 200 (de 
Havilland, Inc.) Maintenance Task Card 2730/22, dated April 25, 
2001; or de Havilland, Inc., Temporary Revision AWL 3-91, dated 
December 20, 2002, to the Airworthiness Limitations List of 
Maintenance Program Support Manual 1-83-7, and Dash 8 Series 300 (de 
Havilland, Inc.) Maintenance Task Card 2730/22, dated April 25, 
2001; as applicable. This incorporation by reference 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

[[Page 52085]]

obtained from Bombardier, Inc., Bombardier Regional Aircraft 
Division, 123 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, 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.

    Note: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-08R1, effective January 10, 2003.

Effective Date

    (g) This amendment becomes effective on October 7, 2003.

    Issued in Renton, Washington, on August 20, 2003.
Kyle L. Olsen,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-21870 Filed 8-29-03; 8:45 am]
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