[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Rules and Regulations]
[Pages 48854-48857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12841]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20730; Directorate Identifier 2004-NM-68-AD; 
Amendment 39-14172; AD 2005-13-35]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-100, DHC-8-200, 
and DHC-8-300 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all Bombardier Model DHC-8-100, DHC-8-200, and 
DHC-8-300 series airplanes. That AD currently requires installation of 
a placard on the instrument panel of the cockpit to advise the 
flightcrew that positioning of the power levers below the flight idle 
stop during flight is prohibited. Additionally, the existing AD 
requires eventual installation of an FAA-approved system that would 
prevent such positioning of the power levers during flight. 
Installation of that system terminates the requirement for installation 
of a placard. This new AD requires operators who have incorporated a 
certain Bombardier service bulletin to perform repetitive operational 
checks of the beta lockout system and to revise the Airworthiness 
Limitations document. This AD is prompted by in-service issues reported 
by operators who incorporated Bombardier Service Bulletin 8-76-24 as an 
alternative method of compliance to the existing AD. We are issuing 
this AD to prevent the inadvertent activation of ground beta mode 
during flight, which could lead to engine overspeed, engine damage or 
failure, and consequent reduced controllability of the airplane.

DATES: This AD becomes effective September 26, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of 
September 26, 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-2005-20730; the directorate 
identifier for this docket is 2004-NM-68-AD.

FOR FURTHER INFORMATION CONTACT: Richard Fiesel, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, Federal Aviation 
Administration, New York Aircraft Certification Office, 1600 Stewart 
Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228-7304; 
fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) with an AD to supersede 
AD 2000-02-13, amendment 39-11531 (65 FR 4095, January 26, 2000). The 
existing AD applies to all Bombardier Model DHC-8-101, -102, -103, -
106, -201, -202, -301, -311, and -315 airplanes. The proposed AD was 
published in the Federal Register on March 30, 2005 (70 FR 16164), to 
continue to require installation of a placard on the instrument panel 
of the cockpit and eventual installation of an FAA-approved system to 
prevent positioning of the power levers below the flight idle stop. The 
proposed AD would also require operators who have incorporated a 
certain Bombardier service bulletin to perform repetitive operational 
checks of the beta lockout system and to revise the Airworthiness 
Limitations document.

Comments

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

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.

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

[[Page 48855]]

burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 185 Bombardier Model DHC-8-101, -102, -103, -
106, -201, -202, -301, -311, and -315 airplanes of U.S. registry.
    The installation of a placard that is required by AD 2000-02-13, 
and retained in this AD, requires about 1 work hour per airplane, at an 
average labor rate of $65 per work hour. No parts are required. Based 
on these figures, the cost impact of the placard installation on U.S. 
operators is estimated to be $12,025, or $65 per airplane.
    The installation of the preventative system that is required by AD 
2000-02-13, and retained in this AD, requires about 123 work hours per 
airplane, at an average labor rate of $65 per work hour. We estimate 
that required parts will cost approximately $12,000 per airplane. Based 
on these figures, the cost impact of the installation of the 
preventative system on U.S. operators is estimated to be $3,699,075, or 
$19,995 per airplane.
    The operational check of the beta lockout system will take about 1 
work hour per airplane, per check cycle, at an average labor rate of 
$65 per work hour. No parts are required. Based on these figures, the 
estimated cost of the new operational check specified in this AD for 
U.S. operators is $12,025, or $65 per airplane, per check cycle.
    The revision of the Airworthiness Limitations document would take 
about 1 work hour per airplane, at an average labor rate of $65 per 
work hour. Based on these figures, the estimated cost of the revision 
specified in the AD for U.S. operators is $12,025, or $65 per airplane.

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 removing amendment 39-11531 (65 FR 
4095, January 26, 2000) and by adding the following new airworthiness 
directive (AD):

2005-13-35 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-14172. Docket No. FAA-2005-20730; Directorate Identifier 2004-NM-
68-AD.

Effective Date

    (a) This AD becomes effective September 26, 2005.

Affected ADs

    (b) This AD supersedes AD 2000-02-13, amendment 39-11531.

Applicability

    (c) This AD applies to all Bombardier Model DHC-8-100, DHC-8-
200, and DHC-8-300 series airplanes; certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered or repaired in the areas 
addressed by these inspections, the operator may not be able to 
accomplish the inspections described in the revision. In this 
situation, to comply with 14 CFR 91.403 (c), the operator must 
request approval for an alternative method of compliance in 
accordance with paragraph (l)(1) of this AD. The request should 
include a description of changes to the required inspections that 
will ensure the continued damage tolerance of the affected 
structure. The FAA has provided guidance for this determination in 
Advisory Circular (AC) 25-1529.

Unsafe Condition

    (d) This AD was prompted by in-service issues reported by 
operators who incorporated a certain Bombardier service bulletin as 
an alternative method of compliance to AD 2000-02-13. We are issuing 
this AD to prevent the inadvertent activation of ground beta mode 
during flight, which could lead to engine overspeed, engine damage 
or failure, and consequent reduced controllability 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.

Requirements of AD 2000-02-13

Installation of Placard

    (f) Within 30 days after March 1, 2000 (the effective date of AD 
2000-02-13), install a placard in a prominent location on the 
instrument panel of the cockpit that states:

    ``Positioning of the power levers below the flight idle stop 
during flight is prohibited. Such positioning may lead to loss of 
airplane control, or may result in an engine overspeed condition and 
consequent loss of engine power.''

Installation of System Preventing Excessive Lowering of Power 
Levers in Flight

    (g) Within 2 years after March 1, 2000, install a system that 
would prevent positioning the power levers below the flight idle 
stop during flight, in accordance with a method approved by the 
Manager, New York Aircraft Certification Office (ACO), FAA. 
Following accomplishment of that installation, the placard required 
by paragraph (f) of this AD may be removed.
    (h) In the event that the system required by paragraph (g) of 
this AD malfunctions, or if the use of an override (if installed) is 
necessary, the airplane may be operated for three days to a location 
where required maintenance/repair can be performed, provided the 
system required by paragraph (g) of this AD has been properly 
deactivated and placarded for flightcrew awareness, in accordance 
with the FAA-approved Master Minimum Equipment List (MMEL).

[[Page 48856]]

New Requirements of This AD

Operational Checks of the Beta Lockout System

    (i) For airplanes that have been modified in accordance with 
Bombardier Service Bulletin 8-76-24: Within 50 flight hours after 
the effective date of this AD, perform an operational check of the 
beta lockout system in accordance with the applicable de Havilland 
Dash 8 task card listed in Table 1 of this AD. Thereafter repeat the 
operational check at intervals specified in the applicable de 
Havilland temporary revision (TR) listed in Table 2 of this AD.

                                              Table 1.--Task Cards
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               DHC-8 model                     de Havilland task card                       Date
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-101, -102, -103, and -106 airplanes....  Dash 8 Series 100 Maintenance     November 21, 2003.
                                           Task Card 6120/10.
-201 and -202 airplanes.................  Dash 8 Series 200 Maintenance     November 21, 2003.
                                           Task Card 6120/10.
-301, -311, and -315 airplanes..........  Dash 8 Series 300 Maintenance     November 21, 2003.
                                           Task Card 6120/10.
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Revision of Airworthiness Limitations (AWL) Section

    (j) Within 30 days after the effective date of this AD, revise 
the AWL section of the applicable Instructions for Continued 
Airworthiness by incorporating the contents of the applicable de 
Havilland TR listed in Table 2 of this AD into the AWL section of 
the applicable Bombardier DHC-8 Maintenance Program Support Manual 
(PSM).

                                                  Table 2.--TRs
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              DHC-8 model                      de Havilland TR                    Dated                For PSM
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-101, -102, -103, and -106 airplanes...  AWL-86....................  March 17, 2003................        1-8-7
-201 and -202 airplanes................  AWL 2-26..................  March 17, 2003................       1-82-7
-301, -311, and -315 airplanes.........  AWL 3-93..................  March 17, 2003................       1-83-7
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    (k) When the information in the applicable de Havilland TR 
identified in Table 2 of this AD has been included in the general 
revisions of the applicable PSM identified in Table 2 of this AD, 
the general revisions may be inserted in the PSM, and the applicable 
TR may be removed from the AWL section of the Instruction for 
Continued Airworthiness.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, New York ACO has the authority to approve 
AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.
    (2) AMOCS approved previously in accordance with AD 2000-02-13 
are acceptable for the corresponding requirements of this AD.

Materials Incorporated by Reference

    (m) You must use the documents listed in Table 3 of this AD to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. 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 3.--Material Incorporated by Reference
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                                                                                 To de Havilland program support
    de Havilland service information                      Dated                              manual
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Dash 8 Series 100 Maintenance Task Card   November 21, 2003...................  1-8-7TC.
 6120/10.
Dash 8 Series 200 Maintenance Task Card   November 21, 2003...................  1-82-7TC.
 6120/10.
Dash 8 Series 300 Maintenance Task Card   November 21, 2003...................  1-83-7TC.
 6120/10.
Temporary Revision AWL-86...............  March 17, 2003......................  1-8-7.
Temporary Revision AWL 2-26.............  March 17, 2003......................  1-82-7.
Temporary Revision AWL 3-93.............  March 17, 2003......................  1-83-7.
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[[Page 48857]]

    Issued in Renton, Washington, on June 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12841 Filed 8-19-05; 8:45 am]
BILLING CODE 4910-13-P