[Federal Register Volume 69, Number 124 (Tuesday, June 29, 2004)]
[Rules and Regulations]
[Pages 38812-38813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14319]



[[Page 38812]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-297-AD; Amendment 39-13691; AD 2004-13-09]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-301, -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-8-301, -311, and -315 
airplanes. This AD requires determining the modification number of the 
angle of attack (AOA) sensor vanes; testing the movement of the 
affected vanes to evaluate sticking against both the upper and the 
lower vane travel end stops; and corrective action, if necessary. This 
action is necessary to prevent an incorrect AOA indication to the stall 
warning system in flight, which could result in an inadvertent stall 
and consequent loss of control of the airplane. This action is intended 
to address the identified unsafe condition.

DATES: Effective August 3, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 3, 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 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: Ezra Sasson, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, New York Aircraft 
Certification Office, FAA, 1600 Stewart Avenue, suite 410, Westbury, 
New York 11590; telephone (516) 228-7320; 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-
301, -311, and -315 airplanes was published in the Federal Register on 
April 26, 2004 (69 FR 22461). That action proposed to require 
determining the modification number of the angle of attack (AOA) sensor 
vanes; testing the movement of the affected vanes to evaluate sticking 
against both the upper and the lower vane travel end stops; and 
corrective action, if necessary.

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

    We have determined that air safety and the public interest require 
the adoption of the rule as proposed.

Cost Impact

    We estimate that 57 airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 1 work hour per airplane to 
accomplish the proposed inspection to determining the modification 
letter, and that the average labor rate is $65 per work hour. Based on 
these figures, the cost impact of the AD on U.S. operators is estimated 
to be $3,705, or $65 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:

2004-13-09 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-13691. Docket 2002-NM-297-AD.

    Applicability: Model DHC-8-301, -311, and -315 airplanes, serial 
numbers 100 through 583, inclusive; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent an incorrect angle of attack (AOA) indication to the 
stall warning system in flight, which could result in an inadvertent 
stall and consequent loss of control of the airplane, accomplish the 
following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Bombardier Alert Service Bulletin A8-
27-94, Revision `A', dated February 5, 2002.

    Note 1: Bombardier Alert Service Bulletin A8-27-94, Revision 
`A', references Rosemount Aerospace Alert Service Bulletin 0861CAB-
27A-07, dated September 28, 2001, as an additional source of service 
information for testing the AOA sensors. The Rosemount service 
bulletin is included in the Bombardier service bulletin.


[[Page 38813]]



Inspection to Determine Modification

    (b) Within 1,000 flight hours or 18 months after the effective 
date of this AD, whichever occurs first, inspect the right and left 
AOA sensor vanes to determine whether modification (MOD) `J' has 
been incorporated. Instead of inspecting the sensors, a review of 
airplane maintenance records is acceptable if the MOD level of the 
sensor can be positively determined from that review. If MOD `J' has 
been incorporated in both sensors, no further action is required by 
this paragraph.

Movement Tests

    (c) For any AOA sensor vane that does not have MOD `J' 
installed: Prior to further flight following the inspection required 
by paragraph (b) of this AD, do a movement test of the AOA sensor 
vane per the service bulletin.
    (d) If the result of the movement test in paragraph (c) of this 
AD is less than 110 grams, repeat the movement test prior to the 
accumulation of 5,000 flight hours or 24 months after accomplishing 
the initial test, whichever occurs first. Do the test per the 
service bulletin.

Corrective Action

    (e) If the result of any movement test in paragraph (c) or 
paragraph (d) of this AD is 110 grams or more, replace the AOA 
sensor vane with a reworked MOD `J' sensor vane, per the service 
bulletin, at the applicable time in paragraph (e)(1), (e)(2), or 
(e)(3) of this AD.
    (1) If the result of the movement test in paragraph (c) of this 
AD is between 110 and 169 grams inclusive, replace the sensor vane 
at the earlier of 1,000 flight hours, or 18 months after 
accomplishing the movement test in paragraph (c) of this AD.
    (2) If the result of any repeat movement test in paragraph (d) 
of this AD is between 110 and 169 grams inclusive, replace the 
sensor vane at the earlier of 1,000 flight hours or 6 months after 
accomplishing the movement test in paragraph (d) of this AD.
    (3) If the result of the movement test is 170 grams or more, 
replace the sensor vane within 5 days after the accomplishing the 
movement test in paragraph (c) or paragraph (d) of this AD.

Parts Installation

    (f) As of the effective date of this AD, no person may install a 
sensor vane, part number 861CAB, on any airplane unless MOD ``J'' 
has been incorporated.

Reporting and Parts Modification

    (g) Although the Rosemount service bulletin contains procedures 
for sending test findings to the manufacturer, and for sending 
removed parts to the manufacturer for modification, this AD does not 
require those actions.

Actions Accomplished Per Previous Release of Service Bulletin

    (h) Actions accomplished before the effective date of this AD 
per Bombardier Alert Service Bulletin A8-27-94, dated October 25, 
2001, are considered acceptable for compliance with the 
corresponding action specified in this AD.

Alternative Methods of Compliance

    (i) 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

    (j) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Bombardier Alert Service Bulletin A8-27-94, 
Revision ``A'', dated February 5, 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, 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.

    Note 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-46, dated December 3, 2001.

Effective Date

    (k) This amendment becomes effective on August 3, 2004.

    Issued in Renton, Washington, on June 16, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-14319 Filed 6-28-04; 8:45 am]
BILLING CODE 4910-13-P