[Federal Register Volume 69, Number 27 (Tuesday, February 10, 2004)]
[Rules and Regulations]
[Pages 6139-6140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2583]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-154-AD; Amendment 39-13458; AD 2004-03-14]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

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 series airplanes, that requires repetitive 
inspections for discrepancies of certain rear spar fittings between the 
flex shaft of the flap secondary drive and the wing-to-fuselage 
structure, and corrective action if necessary. This action also 
provides for an optional modification of the flex shaft installation, 
which terminates the repetitive inspections. This action is necessary 
to find and fix damage and prevent subsequent failure of the rear spar 
fittings, which could result in loss of the wing. This action is 
intended to address the identified unsafe condition.

DATES: Effective March 16, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of March 16, 2004.

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, 1600 Stewart Avenue, Westbury, New York; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Jon Hjelm, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Westbury, New York 11581; 
telephone (516) 228-7300; fax (516) 794-5531.

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, -106, -201, -202, -301, -311, and -315 series airplanes was 
published in the Federal Register on November 28, 2003 (68 FR 66765). 
That action proposed to require repetitive inspections for 
discrepancies of certain rear spar fittings between the flex shaft of 
the flap secondary drive and the wing-to-fuselage structure, and 
corrective action if necessary. That action also provides for an 
optional modification of the flex shaft installation, which would 
terminate the repetitive inspections.

Comments

    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

    The FAA estimates that 218 airplanes of U.S. registry will be 
affected by this AD.
    It will take about 16 work hours per rear spar fitting (two 
fittings per airplane) to accomplish the inspection, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the inspection required by this AD on U.S. operators is 
estimated to be $453,440, or $2,080 per airplane, per inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no

[[Page 6140]]

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.
    The optional terminating modification, if done, will take about 16 
work hours, at an average labor rate of $65 per work hour. Required 
parts will cost about $365 per airplane. Based on these figures, we 
estimate the cost of the optional terminating modification to be $1,405 
per airplane.

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:

2004-03-14 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-13458. Docket 2003-NM-154-AD.

    Applicability: Model DHC-8-102, -103, -106, -201, -202, -301, 
-311, and -315 series airplanes; certificated in any category; as 
listed in Bombardier Service Bulletin 8-27-83, Revision ``A'', dated 
February 8, 2002.
    Compliance: Required as indicated, unless accomplished 
previously.
    To find and fix damage and prevent subsequent failure of the 
rear spar fittings between the flex shaft of the flap secondary 
drive and the wing-to-fuselage structure, which could result in loss 
of the wing, accomplish the following:

Repetitive Inspections/Corrective Action

    (a) For airplanes with rear spar fittings having part number (P/
N) 85320053, 85322060, or 85334180: Within 12 months after the 
effective date of this AD; do a detailed inspection for 
discrepancies (chafing, wear damage, cracking) of the rear spar 
fittings located between the flex shaft of the flap secondary drive 
and the wing-to-fuselage structure. Do the inspection as defined in 
Parts III.A., III.B., and III.D. of the Accomplishment Instructions 
of Bombardier Service Bulletin 8-27-83, Revision ``A'', dated 
February 8, 2002; except where the service bulletin specifies to 
report inspection findings, this AD does not require such reporting. 
Do the inspection per the service bulletin, and repeat the 
inspection thereafter at the applicable time specified in Part I.D. 
``Compliance'' of the service bulletin. Any applicable corrective 
action (high frequency eddy current inspection for cracking, 
blending out wear damage, replacement of rear spar fittings) must be 
done at the applicable time specified in Part I.D. ``Compliance'' of 
the service bulletin.

    Note 1: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Optional Terminating Modification

    (b) Modification of the flex shaft of the flap secondary drive 
per Part III.C. of the Accomplishment Instructions of Bombardier 
Service Bulletin 8-27-83, Revision ``A'', dated February 8, 2002, 
terminates the repetitive inspections required by paragraph (a) of 
this AD.

Actions Done per Previous Issue of Service Bulletins

    (c) Accomplishment of the inspections or the modification before 
the effective date of this AD in accordance with Bombardier Service 
Bulletin 8-27-83, dated October 19, 2001, is considered acceptable 
for compliance with the applicable actions specified in this AD.

Alternative Methods of Compliance

    (d) In accordance with 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

    (e) The actions shall be done in accordance with Bombardier 
Service Bulletin 8-27-83, Revision ``A'', dated February 8, 2002. 
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 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, 
1600 Stewart Avenue, Westbury, New York; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

    Note 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-42, dated November 23, 2001.

Effective Date

    (f) This amendment becomes effective on March 16, 2004.

    Issued in Renton, Washington, on January 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2583 Filed 2-9-04; 8:45 am]
BILLING CODE 4910-13-U