[Federal Register Volume 69, Number 152 (Monday, August 9, 2004)]
[Rules and Regulations]
[Pages 48135-48138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17980]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-132-AD; Amendment 39-13769; AD 2004-16-13]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-400, -401, and -
402 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-8-400, -401, and -402 
airplanes. This AD requires an inspection to determine the serial 
number of the spoiler lift dump valves installed on the inboard and 
outboard spoilers, and replacement of certain spoiler lift dump valves. 
This AD also provides for revising the airplane flight manual to 
include performance penalties, which

[[Page 48136]]

allows 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: Effective September 13, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of September 13, 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; 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: Ezra Sasson, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 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-
400, -401, and -402 airplanes was published in the Federal Register on 
March 5, 2004 (69 FR 10375). That action proposed to require an 
inspection to determine the serial number of the spoiler lift dump 
valves installed on the inboard and outboard spoilers, and replacement 
of certain spoiler lift dump valves. That action also proposed to 
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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. The FAA has duly considered the 
comments received.

Support for the Proposed AD

    One commenter supports the proposed AD.

Request To Give Credit for Original Issue of Service Bulletin

    One commenter requests that we give credit for accomplishing the 
proposed actions per the original issue of Bombardier Service Bulletin 
84-27-12, dated September 7, 2001. The commenter states that doing the 
original issue of the service bulletin achieves the same intent as the 
later revision of the service bulletin, which is referenced in the 
proposed AD as the appropriate source of service information for the 
proposed actions, and no additional work is specified in the later 
revision of the service bulletin.
    We concur that actions required by this AD that were done before 
the effective date of this AD per the original issue of Bombardier 
Service Bulletin 84-27-12 are acceptable for compliance with the 
corresponding requirements of this AD.
    In addition, we have become aware that there are two identical 
service bulletins identified as Bombardier Service Bulletin 84-27-12, 
Revision ``A''--one dated December 12, 2001 (as referenced in the 
proposed AD), and one dated October 23, 2003. Bombardier investigated 
this discrepancy and determined that Revision ``A'' of the service 
bulletin, dated December 12, 2001, was sent to Transport Canada Civil 
Aviation (TCCA), which is the airworthiness authority for Canada, for 
review and concurrence at the same time the Canadian airworthiness 
directive was issued. TCCA concurred with Revision ``A'' of the service 
bulletin; however, Bombardier did not receive a written acceptance of 
Revision ``A'' at that time. Thus, Revision ``A'' of the service 
bulletin was on hold and wasn't released until Bombardier requested and 
received a written confirmation of TCCA's acceptance of the service 
bulletin in October 2003. Revision ``A'' of the service bulletin was 
officially released on October 23, 2003. However, we recognize that it 
is possible that members of the public may have copies of Revision 
``A'' of the service bulletin bearing the date December 12, 2001. Thus, 
we find it necessary to provide credit for actions done per Revision 
``A'' of the service bulletin, dated December 12, 2001. Accordingly, we 
have revised paragraphs (a) and (b)(1) and Note 1 of this AD to refer 
to Revision ``A'' of the service bulletin, dated October 23, 2003, as 
the acceptable source of service information for the actions required 
by those paragraphs. We have also added a new paragraph (d), and re-
identified subsequent paragraphs accordingly, to give credit for 
actions done per the original issue of the service bulletin, or 
Revision ``A,'' dated December 12, 2001.

Conclusion

    After careful review of the available data, including the comments 
noted above, we have determined that air safety and the public interest 
require the adoption of the rule with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Cost Impact

    We estimate that 10 airplanes of U.S. registry will be affected by 
this AD.
    It will take approximately 1 work hour per airplane to accomplish 
the required 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 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 will take approximately 2 work hours 
per airplane to accomplish the required replacement, at an average 
labor rate of $65 per work hour. Required parts will be provided by the 
parts manufacturer at no charge. Based on these figures, the cost 
impact of this replacement is estimated to be $130 per airplane.
    Should an operator elect to accomplish the AFM revision that allows 
deferral of the replacement, it will 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, will be $65 per airplane.
    The cost impact figures discussed above are 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.

[[Page 48137]]

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:

2004-16-13 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-13769. 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 October 23, 2003.
    (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 October 
23, 2003.

    Note 1: Bombardier Service Bulletin 84-27-12, Revision ``A,'' 
dated October 23, 2003, 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
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                                            Accelerate--Stop Distance
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Flap 5[deg]...........................  Increase 2%.............  (Figures 5-5-4 and 5-5-5).
Flap 10[deg]..........................  Increase 2%.............  (Figures 5-5-9 and 5-5-10).
Flap 15[deg]..........................  Increase 3%.............  (Figures 5-5-14 and 5-5-15).
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                                                Landing Distance
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Flap 10[deg]..........................  Increase 3%.............  (Figures 5-11-1 and 5-11-4).
Flap 15[deg]..........................  Increase 5%.............  (Figures 5-11-2 and 5-11-4).
Flap 35[deg]..........................  Increase 11%............  (Figures 5-11-3 and 5-11-4).
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    (ii) Within 6 months after the effective date of this AD, do 
paragraph (b)(1) of this AD. 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.

Actions Accomplished per Previous Issues of Service Bulletin

    (d) Actions accomplished before the effective date of this AD 
per Bombardier Service Bulletin 84-27-12, dated September 7, 2001; 
and actions accomplished per Bombardier Service Bulletin 84-27-12, 
Revision ``A,'' dated December 12, 2001; are considered acceptable 
for compliance with the corresponding actions specified in this AD.

Alternative Methods of Compliance

    (e) 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

    (f) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Bombardier Service Bulletin 84-27-12, 
Revision ``A,'' dated October 23, 2003. 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.

[[Page 48138]]

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/code_of_federal_regulations/ibr_locations.html.

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

Effective Date

    (g) This amendment becomes effective on September 13, 2004.

    Issued in Renton, Washington, on July 30, 2004.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-17980 Filed 8-6-04; 8:45 am]
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