[Federal Register Volume 72, Number 111 (Monday, June 11, 2007)]
[Proposed Rules]
[Pages 32027-32030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11199]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28371; Directorate Identifier 2007-NM-040-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106, 
-201, -202, -301, -311, and -315 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    [A] roll spoiler cable failure could result in an unacceptable 
amount of roll spoiler deflection, which could result in reduced 
controllability of the aircraft.


[[Page 32028]]


The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by July 11, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Management Facility between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this proposed AD, the regulatory evaluation, any 
comments received, and other information. The street address for the 
Docket Office (telephone (800) 647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

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:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. This streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-
28371; Directorate Identifier 2007-NM-040-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2006-13, dated June 6, 2006 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    It has been identified that a roll spoiler cable failure could 
result in an unacceptable amount of roll spoiler deflection, which 
could result in reduced controllability of the aircraft. To address 
this condition, Modsum 8Q100898 has been issued to introduce a 
spoiler cable disconnect sensing device. This modification has been 
installed in production on aircraft serial numbers 562 and 
subsequent. An associated operational check has also been introduced 
(See Note 1 [of the MCAI]).
    In addition, Modsum 8Q101443 has been issued to address a 
potential spoiler cable interference condition on aircraft serial 
numbers 003 through 123, 125 through 130, 132 through 136, 138 and 
139, which do not yet have a spoiler cable tension regulator 
(Mod[ification] 8/0708) installed.
    Following incorporation of the spoiler cable disconnect sensing 
device on several aircraft, it was noted that, in the event of a 
spoiler cable failure, only the ROLL SPLR INBD HYD caution light 
will be illuminated until the aircraft speed decreases below 135 kts 
(knots), at which time the ROLL SPLR OUTBD HYD caution light will 
also be illuminated. Modsum 8Q101445 has been issued to rework the 
sensing circuit caution light indication to ensure that it is 
consistent for spoiler cable disconnects above and below 135 kts. 
This modification has been installed in production on aircraft 
serial numbers 600 and subsequent.

The corrective action includes installing a spoiler cable disconnect 
sensing device; correcting a potential spoiler cable interference 
condition; and reworking the spoiler cable disconnect sensing circuit; 
as applicable. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletins 8-27-89, Revision `E,' 
dated January 27, 2005; and 8-27-103, Revision `B,' dated January 24, 
2007. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 166 products of U.S. registry. We also estimate that 
it would take about 13 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $1,000 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have

[[Page 32029]]

assumed that there will be no charge for these costs. As we do not 
control warranty coverage for affected parties, some parties may incur 
costs higher than estimated here. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $338,640, or $2,040 
per product.

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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2007-28371; Directorate Identifier 
2007-NM-040-AD.

Comments Due Date

    (a) We must receive comments by July 11, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-102, -103, -106, -
201, -202, -301, -311, and -315 airplanes; certificated in any 
category; serial numbers 003 through 599.

Subject

    (d) Flight controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been identified that a roll spoiler cable failure could 
result in an unacceptable amount of roll spoiler deflection, which 
could result in reduced controllability of the aircraft. To address 
this condition, Modsum 8Q100898 has been issued to introduce a 
spoiler cable disconnect sensing device. This modification has been 
installed in production on aircraft serial numbers 562 and 
subsequent. An associated operational check has also been introduced 
(See Note 1 [of the MCAI]).
    In addition, Modsum 8Q101443 has been issued to address a 
potential spoiler cable interference condition on aircraft serial 
numbers 003 through 123, 125 through 130, 132 through 136, 138 and 
139, which do not yet have a spoiler cable tension regulator 
(Mod[ification] 8/0708) installed.
    Following incorporation of the spoiler cable disconnect sensing 
device on several aircraft, it was noted that, in the event of a 
spoiler cable failure, only the ROLL SPLR INBD HYD caution light 
will be illuminated until the aircraft speed decreases below 135 kts 
(knots), at which time the ROLL SPLR OUTBD HYD caution light will 
also be illuminated. Modsum 8Q101445 has been issued to rework the 
sensing circuit caution light indication to ensure that it is 
consistent for spoiler cable disconnects above and below 135 kts. 
This modification has been installed in production on aircraft 
serial numbers 600 and subsequent.

The corrective action includes installing a spoiler cable disconnect 
sensing device; correcting a potential spoiler cable interference 
condition; and reworking the spoiler cable disconnect sensing 
circuit; as applicable.

Actions and Compliance

    (f) Within 24 months after the effective date of this AD unless 
already done, do the following actions.
    (1) Applicable to airplane serial numbers 124, 131, 137, and 140 
through 561: Incorporate Modsum 8Q100898 to install the spoiler 
cable disconnect sensing device. Bombardier Service Bulletin 8-27-
89, Revision ``E,'' dated January 27, 2005, provides approved 
instructions for incorporating Modsum 8Q100898. (See paragraph 
(f)(4) of this AD.)
    (2) Applicable to airplane serial numbers 003 through 123, 125 
through 130, 132 through 136, 138, and 139: Incorporate Modsums 
8Q100898 and 8Q101443 to install the spoiler cable disconnect 
sensing device and to correct potential spoiler cable interference 
condition. Bombardier Service Bulletin 8-27-89, Revision ``E,'' 
dated January 27, 2005, provides approved instructions for 
incorporating Modsums 8Q100898 and 8Q101443. (See paragraphs (f)(4) 
and (f)(5) of this AD.)
    (3) Applicable to airplane serial numbers 003 thorough 599: 
Incorporate Modsum 8Q101445 to rework the spoiler cable disconnect 
sensing circuit. Bombardier Service Bulletin 8-27-103, Revision 
``B,'' dated January 24, 2007, provides approved instructions for 
incorporating Modsum 8Q101445. (See paragraph (f)(6) of this AD.) If 
Modsum 8Q100898 has not yet been incorporated, incorporate Modsum 
8Q101445 in conjunction with Modsum 8Q100898. Refer to paragraph 
(f)(1) or (f)(2) of this AD, as applicable.

    Note 1: The mandatory operational check requirement for the 
spoiler cable disconnect system (Modsum 8Q100898) is detailed in 
Task Number 2760/14, dated November 21, 2003, of Part 2 of the 
applicable de Havilland Dash 8 Maintenance Program Manual (MPM), 
Airworthiness Limitations (AWL). It was introduced by de Havilland 
Dash 8 Temporary Revisions AWL-88 (series 100), AWL 2-28 (series 
200), and AWL 3-95 (series 300), all dated August 5, 2004. Temporary 
Revision AWL-88 (Task Number 2760/14) has since been incorporated in 
Revision 17, dated April 19, 2005, of Part 2 of the AWLs of the MPM 
for Model DHC-8-100 series airplanes.

    (4) Installation of Modsum 8Q100898, in accordance with 
Bombardier Service Bulletin 8-27-89, dated January 31, 2002; 
Revision ``A,'' dated September 10, 2002; Revision ``B,'' dated 
November 17, 2003; Revision ``C,'' dated March 10, 2004; or Revision 
``D,'' dated June 29, 2004; also meets the requirements of 
paragraphs (f)(1) and (f)(2) of this AD.
    (5) Installation of Modsum 8Q101443, in accordance with 
Bombardier Service Bulletin 8-27-89, Revision ``C,'' dated March 10, 
2004; or Revision ``D,'' dated June 29, 2004; also meets the 
requirements of paragraph (f)(2) of this AD for this particular 
Modsum.
    (6) Installation of Modsum 8Q101445, in accordance with 
Bombardier Service Bulletin 8-27-103, dated November 5, 2003; or 
Revision ``A,'' dated February 12, 2004; also meets the requirements 
of paragraph (f)(3) of this AD.

[[Page 32030]]

FAA AD Differences

    Note: This AD differs from the MCAI and/ or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: Ezra Sasson, Aerospace 
Engineer; New York ACO, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone (516) 228-7320; fax (516) 794-
5531. Before using any approved AMOC on any airplane to which the 
AMOC applies, notify your appropriate principal inspector (PI) in 
the FAA Flight Standards District Office (FSDO), or lacking a PI, 
your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2006-13, 
dated June 6, 2006; Bombardier Service Bulletin 8-27-89, Revision 
``E,'' dated January 27, 2005; and Bombardier Service Bulletin 8-27-
103, Revision ``B,'' dated January 24, 2007; for related 
information.

    Issued in Renton, Washington, on June 1, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-11199 Filed 6-8-07; 8:45 am]
BILLING CODE 4910-13-P