[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Proposed Rules]
[Pages 10375-10378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4932]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-132-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-400, -401, and -
402 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Bombardier Model DHC-8-
400, -401, and -402 airplanes. This proposal would require an 
inspection to determine the serial number of the

[[Page 10376]]

spoiler lift dump valves installed on the inboard and outboard 
spoilers, and replacement of certain spoiler lift dump valves. This 
proposal also would provide for revising the airplane flight manual to 
include performance penalties, which would allow the replacement of 
affected spoiler lift dump valves to be deferred. This action is 
necessary to prevent failure of the ground spoilers to deploy on the 
ground, which could result in overrunning the end of the runway in the 
event of a rejected takeoff. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by April 5, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-132-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-132-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule 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 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.

FOR FURTHER INFORMATION CONTACT: Ezra Sasson, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Westbury, New York 11590; 
telephone (516) 228-7320; fax (516) 794-5531.

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 considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, 
discuss a request to change the compliance time and a request to change 
the service bulletin reference as two separate issues.
     For each issue, state what specific change to 
the proposed AD is being requested.
     Include justification (e.g., reasons or data) 
for each request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-132-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-114, Attention: Rules 
Docket No. 2002-NM-132-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified the FAA that an unsafe condition may 
exist on certain Bombardier Model DHC-8-400, -401, and -402 airplanes. 
TCCA advises that, during manufacturing, a venting slot was omitted on 
one batch of the solenoid armatures that operate the spoiler lift dump 
valves. Absence of this venting slot could create a pressure 
differential that prevents the solenoid armature from shuttling and 
supplying hydraulic pressure to the actuator of the spoiler lift dump 
valves. This condition, if not corrected, could cause failure of the 
ground spoilers to deploy on the ground, which could result in 
overrunning the end of the runway in the event of a rejected takeoff.

Explanation of Relevant Service Information

    Bombardier has issued de Havilland Service Bulletin 84-27-12, 
Revision ``A,'' dated December 12, 2001, which describes procedures for 
an inspection to determine the serial number of the spoiler lift dump 
valves installed on the inboard and outboard spoilers. For spoiler lift 
dump valves with serial numbers within a certain range, the service 
bulletin describes procedures for replacing the existing spoiler lift 
dump valve with one that it is outside the affected range of serial 
numbers or one that has been modified. Service Bulletin 84-27-12 refers 
to Parker Service Bulletin 395800-27-229, dated September 11, 2001, as 
an additional source of service information for replacing the spoiler 
dump valves. The Parker service bulletin is included within the de 
Havilland service bulletin.
    Accomplishment of the actions specified in the de Havilland service 
bulletin is intended to adequately address the identified unsafe 
condition. TCCA classified the de Havilland service bulletin as 
mandatory and issued Canadian airworthiness directive CF-2001-44, dated 
December 3, 2001, to ensure the continued airworthiness of these 
airplanes in Canada.

FAA's Conclusions

    These airplane models are manufactured in Canada and are 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, TCCA has kept us informed of the 
situation described above. We have examined the findings of TCCA, 
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 Proposed 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, the proposed AD would require accomplishment of 
the actions specified in the de Havilland service bulletin described 
previously, except as discussed below. This proposed AD also provides 
for revising the airplane flight manual (AFM) to include performance 
penalties, which would allow the

[[Page 10377]]

replacement of affected spoiler lift dump valves to be deferred for a 
certain length of time. Once the spoiler lift dump valves have been 
replaced, these performance penalties may be removed from the AFM.

Difference Between Service Information and Proposed AD

    Although the Parker service bulletin included within the de 
Havilland service bulletin specifies to return affected parts to the 
manufacturer, this proposed AD would not include such a requirement.

Cost Impact

    We estimate that 10 airplanes of U.S. registry would be affected by 
this proposed AD.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed inspection to determine the serial number of the spoiler 
lift dump valves, at an average labor rate of $65 per work hour. Based 
on these figures, the cost impact of this proposed inspection on U.S. 
operators is estimated to be $650, or $65 per airplane.
    For airplanes equipped with spoiler lift dump valves in the 
affected serial number range, it would take approximately 2 work hours 
per airplane to accomplish the proposed replacement, at an average 
labor rate of $65 per work hour. Required parts would be provided by 
the parts manufacturer at no charge. Based on these figures, the cost 
impact of this proposed replacement is estimated to be $130 per 
airplane.
    Should an operator elect to accomplish the AFM revision that allows 
deferral of the replacement, it would take approximately 1 work hour 
per airplane to accomplish, at an average labor rate of $65 per work 
hour. Based on these figures, the cost impact of this AFM revision, if 
accomplished, would be $65 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed 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 proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    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 adding the following new 
airworthiness directive:

Bombardier, Inc. (Formerly de Havilland, Inc.): Docket 2002-NM-132-
AD.

    Applicability: Model DHC-8-400, -401, and -402 airplanes; serial 
numbers 4005, 4006, 4008 through 4015 inclusive, and 4018 through 
4052 inclusive; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the ground spoilers to deploy on the 
ground, which could result in overrunning the end of the runway in 
the event of a rejected takeoff, accomplish the following:

Inspection to Determine Serial Number

    (a) Within 45 days after the effective date of this AD, perform 
a one-time inspection of the spoiler lift dump valves on the inboard 
and outboard spoilers to determine the serial number, per Bombardier 
Service Bulletin 84-27-12, Revision ``A,'' dated December 12, 2001.
    (1) For any spoiler lift dump valve with a serial number from 
5164 through 5264 inclusive or 5267 through 5279 inclusive, 
accomplish paragraph (b) of this AD.
    (2) For any spoiler lift dump valve with a serial number outside 
the ranges specified in paragraph (a)(1) of this AD, no further 
action is required by this paragraph.

Replacement of Spoiler Lift Dump Valves

    (b) For any spoiler lift dump valve with a serial number from 
5164 through 5264 inclusive or 5267 through 5279 inclusive: 
Accomplish paragraph (b)(1) or (b)(2) of this AD.
    (1) Except as provided by paragraph (b)(2) of this AD: Before 
further flight after the inspection required by paragraph (a) of 
this AD, replace the affected spoiler lift dump valve with a new or 
serviceable valve that has a serial number outside the range 
specified in paragraph (a)(1) of this AD, or with a valve having a 
serial number with the suffix ``A,'' which indicates that the valve 
has been modified to correct the defect. Do this replacement per 
Bombardier Service Bulletin 84-27-12, Revision ``A,'' dated December 
12, 2001.

    Note 1: Bombardier Service Bulletin 84-27-12, Revision ``A,'' 
dated December 12, 2001, refers to Parker Service Bulletin 395800-
27-229, dated September 11, 2001, as an additional source of service 
information for accomplishing the replacement of the spoiler lift 
dump valves. The Parker service bulletin is included within the 
Bombardier service bulletin.

    (2) Do paragraphs (b)(2)(i) and (b)(2)(ii) of this AD.
    (i) Before further flight after the inspection required by 
paragraph (a) of this AD, revise the Limitations section of the de 
Havilland DHC-8-400 airplane flight manual (AFM) to include the 
information on performance penalties included in Table 1 of this AD. 
This may be accomplished by inserting a copy of this AD into the 
AFM.

       Table 1.--Performance Penalty for Suspect Lift Dump Valves
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                        Accelerate--Stop Distance
------------------------------------------------------------------------
Flap 5...........  Increase 2%.......  (Figures 5-5-4 and
                                                       5-5-5)
Flap 10..........  Increase 2%.......  (Figures 5-5-9 and
                                                       5-5-10)
Flap 15..........  Increase 3%.......  (Figures 5-5-14
                                                       and 5-5-15)
---------------------------------
                            Landing Distance
------------------------------------------------------------------------
Flap 10..........  Increase 3%.......  (Figures 5-11-1
                                                       and 5-11-4)
Flap 15..........  Increase 5%.......  (Figures 5-11-2
                                                       and 5-11-4)
Flap 35..........  Increase 11%......  (Figures 5-11-3
                                                       and 5-11-4)
------------------------------------------------------------------------

    (ii) Within 6 months after the effective date of this AD, do 
paragraph (b)(1) of this AD.

[[Page 10378]]

Once the requirements of paragraph (b)(1) of this AD have been 
accomplished, the AFM revision required by paragraph (b)(2)(i) of 
this AD may be removed from the AFM.

Parts Installation

    (c) As of the effective date of this AD, no person may install a 
spoiler lift dump valve having a serial number listed in paragraph 
(a)(1) of this AD, unless the valve's serial number includes a 
suffix of ``A'' to indicate that it has been modified to remove the 
defect that is the subject of 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.

    Note 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-44, dated December 3, 2001.


    Issued in Renton, Washington, on February 20, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4932 Filed 3-4-04; 8:45 am]
BILLING CODE 4910-13-P