[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Proposed Rules]
[Pages 25041-25043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10253]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-339-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, -103, and -
106 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-
102, -103, and -106 airplanes. This proposal would require repetitive 
detailed inspections of the left and right aileron tab actuator arm 
channels for cracking, and corrective actions if necessary. This 
proposal also provides an optional terminating action for the 
repetitive inspections. This action is necessary to prevent increased 
roll forces due to cracking of the left and right aileron tab actuator 
arms, which could be interpreted by the pilot as a flight control 
problem and might lead to loss of control of the airplane. This action 
is intended to address the identified unsafe condition.

DATES: Comments must be received by June 4, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-339-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-339-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.

FOR FURTHER INFORMATION CONTACT: Richard Beckwith, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Ave., Westbury, NY 11590; 
telephone (516) 228-7306; 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-339-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-339-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-8-102, -103, and -106 airplanes. 
TCCA advises that it has received reports of cracking of the left and 
right aileron tab actuator arm channels, possibly due to oscillation of 
the tab against its stops while the airplane was parked tail into wind. 
This condition, if not corrected, could result in consequent increased 
roll forces, which could be interpreted by the pilot as a flight 
control problem and might lead to loss of control of the airplane.

Explanation of Relevant Service Information

    Bombardier has issued Service Bulletin 8-57-07, Revision `F,' dated 
March 27, 2002, which describes procedures for repetitive detailed 
inspections (referred to in the service bulletin as special 
inspections) of

[[Page 25042]]

certain left and right aileron tab actuator arm channels for cracking; 
and for replacement and/or reinforcement of such aileron tab actuator 
arm channels, which eliminates the need for the repetitive inspections. 
Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition. TCCA 
classified this service bulletin as mandatory and issued Canadian 
airworthiness directive CF-2002-29, dated May 22, 2002, to ensure the 
continued airworthiness of these airplanes in Canada. The service 
bulletin also describes procedures for replacement of the aileron tab 
with a new, improved tab, which eliminates the need for the repetitive 
inspections of the replaced tab. TCCA's AD provides for this action as 
optional.

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 the FAA informed of 
the situation described above. The FAA has 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 service bulletin described previously.

Difference Between Proposed AD and Canadian Airworthiness Directive

    Although the Canadian Airworthiness Directive specifies that 
inspections, repairs, or modifications accomplished per previous issues 
of the service bulletin are acceptable, this proposed AD requires 
actions to be accomplished per revision `F' of the service bulletin. 
Revision `F' of the service bulletin includes additional rework not 
specified in previous issues.

Cost Impact

    The FAA estimates that 30 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish each proposed repetitive inspection, 
and that the average labor rate is $65 per work hour. Based on these 
figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $1,950, or $65 per airplane, per inspection.
    The cost impact figure discussed above is 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-339-
AD.

    Applicability: Model DHC-8-102, -103, and -106 airplanes; serial 
numbers 3 through 119 inclusive; without Bombardier Modification 8/
0864 incorporated; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent increased roll forces due to cracking of the left and 
right aileron tab actuator arm channels, which could be interpreted 
by the pilot as a flight control problem and might lead to loss of 
control of the airplane, accomplish the following:

Inspection and Corrective Actions

    (a) Within 500 flight hours after the effective date of this AD, 
perform a detailed inspection of the left and right aileron tab 
actuator arm channels for cracking, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 8-57-07, 
Revision ``F,'' dated March 27, 2002.

    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.''

    (1) If no cracked actuator arm channel is found, repeat the 
inspection at intervals not to exceed 500 flight hours, until 
paragraph (a)(2) or (b) of this AD has been accomplished.
    (2) If any cracked actuator arm channel is found, prior to 
further flight, accomplish paragraph (a)(2)(i) or (a)(2)(ii) of this 
AD. Accomplishment of paragraph (a)(2)(i) or (a)(2)(ii) terminates 
the repetitive inspections required by paragraph (a)(1) of this AD 
for the repaired or replaced aileron tab only.
    (i) Replace the actuator arm channel with a new actuator arm 
channel; install a reinforcing angle on the new actuator arm 
channel; and replace the balance weight arm with a new balance 
weight arm; in accordance with Part A of the Accomplishment 
Instructions of the service bulletin.
    (ii) Replace the aileron tab with a new, improved aileron tab in 
accordance with Part C of the Accomplishment Instructions of the 
service bulletin.

[[Page 25043]]

Optional Terminating Action

    (b) Reinforcement of both actuator arm channels with reinforcing 
angles and installation of new balance weight arms in accordance 
with Part B of the Accomplishment Instructions of Bombardier Service 
Bulletin 8-57-07, Revision ``F,'' dated March 27, 2002; or 
replacement of the aileron tabs with new, improved tabs in 
accordance with Part C of the Accomplishment Instructions of that 
service bulletin; constitutes terminating action for the repetitive 
inspections required by paragraph (a)(1) of this AD.

Part Installation

    (c) As of the effective date of this AD, no person may install 
any actuator arm channel or any aileron tab on any airplane except 
in accordance with paragraph (a)(2) or (b) of this AD.

Alternative Methods of Compliance

    (d) In accordance with 14 CFR 39.19, the Manager, New York 
Aircraft Certification Office (ACO), 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-2002-29, dated May 22, 2002.


    Issued in Renton, Washington, on April 26, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10253 Filed 5-4-04; 8:45 am]
BILLING CODE 4910-13-P