[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Rules and Regulations]
[Pages 26010-26012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10250]



[[Page 26010]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-38-AD; Amendment 39-13623; AD 2004-03-14 R1]
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; request for comments.

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SUMMARY: This amendment revises an existing airworthiness directive 
(AD), applicable to certain Bombardier Model DHC-8-102, -103, -106, -
201, -202, -301, -311, and -315 series airplanes, that currently 
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. That AD 
also provides for an optional modification of the flex shaft 
installation, which terminates the repetitive inspections. This 
amendment requires that the actions be done per approved service 
information. The actions specified in this AD are intended 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 May 26, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 26, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before June 10, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-38-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. 2004-NM-38-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 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 FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington; at the FAA, New York Aircraft Certification 
Office, 1600 Stewart Avenue, suite 410, Westbury, New York; or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call (202) 741-6030, or go 
to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Jon Hjelm, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New 
York 11590; telephone (516) 228-7323; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: On January 29, 2004, the FAA issued AD 2004-
03-14, amendment 39-13458 (69 FR 6139, February 10, 2004), applicable 
to certain Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 series airplanes, 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 terminates 
the repetitive inspections. That action was prompted by reports of 
discrepancies of the rear spar fittings located between the flex shaft 
of the flap secondary drive and the wing-to-fuselage structure. The 
requirements of that AD are intended to find and fix damage and prevent 
subsequent failure of the rear spar fittings, which could result in 
loss of the wing.

Actions Since Issuance of Previous Rule

    Since the issuance of AD 2004-03-14, we have been advised that 
Bombardier Service Bulletin 8-27-83, Revision `A', dated February 8, 
2002, which was referenced as the appropriate source of service 
information for the actions specified in the existing AD, was not 
approved by Transport Canada Civil Aviation (TCCA), which is the 
airworthiness authority for Canada. Subsequently, Bombardier has issued 
Service Bulletin 8-27-83, Revision `A', dated May 29, 2002; which was 
approved by TCCA. The procedures described in the approved service 
bulletin are almost identical to those described in the earlier version 
of the service bulletin, with the exception of minor editorial changes.

FAA's Findings

    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 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 revises AD 2004-03-14 to continue 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. This AD 
also continues to provide for an optional modification of the flex 
shaft installation, which terminates the repetitive inspections. This 
AD requires that the actions be done per the approved service bulletin 
described previously.

Determination of Rule's Effective Date

    Since this AD action does not contain a substantive change, and 
because we provided notice and opportunity for prior public comment in 
AD 2004-03-14, there would be no interest on the part of the public in 
additional opportunity for comment. Further, this AD has no adverse 
economic impact and imposes no additional burden on any person. 
Therefore, prior notice and public procedures hereon are unnecessary, 
and the amendment may be made 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

[[Page 26011]]

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 additional 
rulemaking action would be needed.
    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 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 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 2004-NM-38-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    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, 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 removing amendment 39-13458 (69 FR 6139, 
February 10, 2004), and by adding a new airworthiness directive (AD), 
amendment 39-13623, to read as follows:

2004-03-14 R1 Bombardier, Inc. (Formerly de Havilland, Inc.): 
Amendment 39-13623. Docket 2004-NM-38-AD. Revises AD 2004-03-14, 
Amendment 39-13458.

    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 
May 29, 2002.
    Compliance: Required as indicated, unless accomplished 
previously. [FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED][EXTRACT][P]*[/P]
    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 March 16, 
2004 (the effective date of AD 2004-03-14, amendment 39-13458), 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 May 29, 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 May 29, 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) Unless otherwise provided in this AD, the actions shall be 
done in accordance with Bombardier Service Bulletin 8-27-83, 
Revision `A', dated May 29, 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; at the FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New 
York; or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 
(202) 741-6030, or go to: http://www.archives.gov/federal--register/

[[Page 26012]]

code--of--federal--regulations/ibr--locations.html.

    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 May 26, 2004.

    Issued in Renton, Washington, on April 23, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10250 Filed 5-10-04; 8:45 am]
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