[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Rules and Regulations]
[Pages 32998-33000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11057]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20727; Directorate Identifier 2004-NM-148-AD; 
Amendment 39-14113; AD 2005-11-11]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier Model DHC-8-400, -401, and -402 series airplanes. 
This AD requires repetitive inspections to detect discrepancies of the 
attachment fittings of the outboard flap front spar at flap track 
Number 4 and Number 5 locations, and corrective actions if necessary. 
This AD also requires eventual replacement of the attachment fittings 
as terminating action for the repetitive inspections. This AD is 
prompted by the discovery of several airplanes that have loose flap 
front spar attachment fittings at flap track Number 4 and Number 5 
locations. We are issuing this AD to prevent the attachment fittings 
from becoming detached, and consequent loss of control of the airplane.

DATES: This AD becomes effective July 12, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of July 
12, 2005.

ADDRESSES: For service information identified in this AD, contact 
Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt 
Boulevard, Downsview, Ontario M3K 1Y5, Canada.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility 
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
Washington, DC. This docket number is FAA-2005-20727; the directorate 
identifier for this docket is 2004-NM-148-AD.

FOR FURTHER INFORMATION CONTACT: David A. Lawson, 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) 228-7327; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Bombardier Model DHC-8-400, -401, and -402 
series airplanes. That action, published in the Federal Register on 
March 30, 2005 (70 FR 16170), proposed to require repetitive 
inspections to detect discrepancies of the attachment fittings of the 
outboard flap front spar at flap track Number 4 and Number 5 locations, 
and corrective actions if necessary. The proposed AD also would require 
eventual replacement of the attachment fittings as terminating action 
for the repetitive inspections.

Explanation of Change to Applicability

    We have revised the applicability of the proposed AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comment that was 
submitted on the proposed AD. The commenter supports the proposed AD.

Conclusion

    We have carefully reviewed the available data, including the 
comment that has been submitted, and determined that air safety and the 
public interest require adopting the AD with the change described 
previously. We have determined that this change will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.

[[Page 32999]]



                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 Number of U.S.-
             Action                Work hours     Average labor       Parts         Cost per       registered                  Fleet hours
                                                  rate per hour                     airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspections (per inspection                   1             $65              $0             $65              22  $1,430 per inspection cycle.
 cycle).
Permanent repair...............              20              65               0           1,300              22  $28,600.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-11-11 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-14113. Docket No. FAA-2005-20727; Directorate Identifier 2004-NM-
148-AD.

Effective Date

    (a) This AD becomes effective July 12, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-400, -401 and -402 
series airplanes, certificated in any category; serial numbers 4001, 
and 4003 through 4093 inclusive.

Unsafe Condition

    (d) This AD was prompted by the discovery of several airplanes 
that have loose flap front spar attachment fittings at flap track 
Number 4 and Number 5 locations. We are issuing this AD to prevent 
the attachment fittings from becoming detached, and consequent loss 
of control of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Service Bulletin Reference

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A84-57-06, Revision ``B,'' dated March 9, 2004.

Inspections of Flap Track Number 4

    (g) For any front spar attachment fitting at the flap track 
Number 4 location on which Bombardier Repair Drawing (RD) RD8/4-57-
228, Issue 1, dated October 27, 2003; in combination with Bombardier 
RD8/4-57-173, Issue 2, dated June 17, 2003; or Bombardier RD8/4-57-
180, Issue 2, dated September 22, 2003; or Bombardier RD8/4-57-226, 
Issue 2, dated November 11, 2003; has not been done prior to the 
effective date of this AD: Within 400 flight hours after the 
effective date of this AD, do a general visual inspection to detect 
discrepancies of the front spar attachment fittings at the flap 
track Number 4 location on both the left and right outboard flap 
assemblies. Do the inspection in accordance with the service 
bulletin. Repeat the inspection thereafter at intervals not to 
exceed 800 flight hours until the terminating action required by 
paragraph (j) of this AD is done.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Inspections of Flap Track Number 5

    (h) Within 400 flight hours after the effective date of this AD, 
do a general visual inspection to detect discrepancies of the front 
spar attachment fittings at the flap track Number 5 location on both 
the left and right outboard flap assemblies. Do the inspection in 
accordance with the service bulletin. Repeat the inspection 
thereafter at intervals not to exceed 800 flight hours until the 
terminating action required by paragraph (j) of this AD is done.

Corrective Actions

    (i) If any discrepancy is found during any inspection required 
by paragraph (g) or (h) of this AD, before further flight, repair 
the discrepancy in accordance with the service bulletin. Where the 
service bulletin says to contact the manufacturer for repair 
instructions, before further flight, repair in accordance with a 
method approved by either the Manager, New York Aircraft 
Certification Office (ACO), FAA; or Transport Canada Civil Aviation 
(TCCA) (or its delegated agent).

Terminating Action--Permanent Repair

    (j) Within 4,000 flight hours after the effective date of this 
AD, do the permanent repair required by paragraphs (j)(1) and (j)(2) 
of this AD. Completing the permanent repair

[[Page 33000]]

constitutes terminating action for the requirements of this AD.
    (1) Modify the attachment of the front fittings of flap track 
Number 4 on both the left and right outboard flap assemblies in 
accordance with Bombardier RD8/4-57-226, Issue 2, dated November 11, 
2003. Fittings on which the repairs specified in Bombardier RD8/4-
57-173, Issue 2, dated June 17, 2003; or Bombardier RD8/4-57-180, 
Issue 2, dated September 22, 2003; have been done do not require 
that Bombardier RD8/4-57-226 be incorporated at those fitting 
locations.
    (2) Modify the attachment of the front fittings of flap track 
Number 5 on both the left and right outboard flap assemblies in 
accordance with Bombardier Modification Summary Package IS4Q5750002, 
Revision D, dated December 1, 2003.

Inspections Accomplished According to Previous Issue of Service 
Bulletin

    (k) Inspections accomplished before the effective date of this 
AD in accordance with Bombardier Alert Service Bulletin A84-57-06, 
dated November 5, 2003; or Revision ``A,'' dated December 16, 2003; 
are acceptable for compliance with the inspections required by this 
AD.

No Reporting Requirement

    (l) Although the service bulletin specifies to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

Alternative Methods of Compliance (AMOCs)

    (m) The Manager, New York Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

Related Information

    (n) Canadian airworthiness directive CF-2004-11, dated June 28, 
2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (o) You must use the service documents listed in Table 1 of this 
AD to perform the actions that are required by this AD, unless the 
AD specifies otherwise. (Only page 2 of Bombardier Modification 
Summary Package IS4Q5750002, contains the issue date of the 
document; no other page of the document contains this information. 
Only page 1 of Bombardier Repair Drawing RD8/4-57-226, Issue 2, 
contains the issue date of the document; no other page of this 
document contains this information.) The Director of the Federal 
Register approves the incorporation by reference of these documents 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get copies 
of the service information, contact Bombardier, Inc., Bombardier 
Regional Aircraft Division, 123 Garratt Boulevard, Downsview, 
Ontario M3K 1Y5, Canada. To view the AD docket, go to the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., room PL-401, Nassif Building, Washington, DC. To review 
copies of the service information, go to the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

                                  Table 1.--Material Incorporated by Reference
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             Service document                   Revision/issue level                       Date
----------------------------------------------------------------------------------------------------------------
Bombardier Alert Service Bulletin A84-57-  B............................  March 9, 2004.
 06.
Bombardier Modification Summary Package    D............................  December 1, 2003.
 IS4Q5750002.
Bombardier Repair Drawing RD8/4-57-226...  2............................  November 11, 2003.
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    Issued in Renton, Washington, on May 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-11057 Filed 6-6-05; 8:45 am]
BILLING CODE 4910-13-P