[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Rules and Regulations]
[Pages 35902-35904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13921]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0360; Directorate Identifier 2007-NM-368-AD; 
Amendment 39-15570; AD 2008-13-07]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-400 Series 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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:

    Several production aircraft have been found with the elevator 
overload bungees installed in reverse orientation: i.e., larger end 
outboard rather than inboard. This bungee reversal does not impact 
normal operation of the elevator, and would not increase the 
probability of an elevator disconnect. However, if a bungee became 
disconnected at the inboard side, the corresponding side of the 
elevator may not center, and this could adversely affect the pitch 
control of the aircraft.

Loss of elevator pitch control could result in reduced controllability 
of the airplane. We are issuing this AD to require actions to correct 
the unsafe condition on these products.

DATES: This AD becomes effective July 30, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 30, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, 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) 228-7303; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on March 28, 2008 (73 
FR 16577). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Several production aircraft have been found with the elevator 
overload bungees installed in reverse orientation: i.e., larger end 
outboard rather than inboard. This bungee reversal does not impact 
normal operation of the elevator, and would not increase the 
probability of an elevator disconnect. However, if a bungee became 
disconnected at the inboard side, the corresponding side of the 
elevator may not center, and this could adversely affect the pitch 
control of the aircraft.

Loss of elevator pitch control could result in reduced controllability 
of the airplane. Corrective action includes a visual inspection for 
correct installation of the elevator overload bungees, reinstallation 
if necessary, and installation of labels to the elevator overload 
bungees. You may obtain further information by examining the MCAI in 
the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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

[[Page 35903]]

provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 38 products of U.S. registry. 
We also estimate that it will take 1 work-hour per product to comply 
with the basic requirements of this AD. The average labor rate is $80 
per work-hour. Required parts will cost about $36 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
parts. 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 this AD to the U.S. operators to be 
$4,408, or $116 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 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 this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

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

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 AD:

2008-13-07 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-15570. Docket No. FAA-2008-0360; Directorate Identifier 2007-NM-
368-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 30, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-400, DHC-8-401, 
and DHC-8-402 airplanes; certificated in any category; having serial 
numbers 4003 and subsequent.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

Several production aircraft have been found with the elevator 
overload bungees installed in reverse orientation: i.e., larger end 
outboard rather than inboard. This bungee reversal does not impact 
normal operation of the elevator, and would not increase the 
probability of an elevator disconnect. However, if a bungee became 
disconnected at the inboard side, the corresponding side of the 
elevator may not center, and this could adversely affect the pitch 
control of the aircraft.

Loss of elevator pitch control could result in reduced 
controllability of the airplane. Corrective action includes a visual 
inspection for correct installation of the elevator overload 
bungees, reinstallation if necessary, and installation of labels to 
the elevator overload bungees.

Actions and Compliance

    (f) For airplanes having serial numbers 4003, 4004, 4006, and 
4008 through 4159: unless already done, do the following actions.
    (1) Within 5,000 flight hours after the effective date of this 
AD: Visually inspect both left and right elevator overload bungees, 
part number (P/N) FE289000000, to determine if they are correctly 
installed, in accordance with Bombardier Service Bulletin 84-27-30, 
Revision `C,' dated October 31, 2007. If any bungee is found 
installed incorrectly, remove the bungee and re-install it correctly 
before the next flight in accordance with the service bulletin.
    (2) Within 5,000 flight hours after the effective date of this 
AD: Attach label, P/N FE289006200, to both left and right elevator 
overload bungees to show the correct orientation of the outboard end 
in accordance with Bombardier Service Bulletin 84-27-30, Revision 
`C,' dated October 31, 2007.
    (3) Within 5,000 flight hours after the effective date of this 
AD: Re-identify the P/N to read ``FE289000001'' on the 
identification plate of both the left and right elevator overload 
bungees in accordance with Bombardier Service Bulletin 84-27-30, 
Revision `C,' dated October 31, 2007.
    (4) Actions accomplished before the effective date of this AD in 
accordance with Bombardier Service Bulletin 84-27-27, dated May 24, 
2005, are acceptable for compliance with the corresponding actions 
specified in paragraphs (f)(1), (f)(2), and (f)(3) of this AD.
    (5) Actions accomplished before the effective date of this AD in 
accordance with Bombardier Service Bulletin 84-27-30, dated February 
8, 2007; Revision `A,' dated March 2, 2007; or Revision `B,' dated 
May 3, 2007; are acceptable for compliance with the corresponding 
actions specified in this AD.

    Note 1: Paragraphs (f)(2) and (f)(3) of this AD constitute 
Modsum 4-113537.

    (g) For all airplanes: As of the effective date of this AD, no 
replacement/spare elevator overload bungees, P/N FE289000000, are 
permitted to be installed on any airplane. Only elevator overload 
bungees identified with new P/N

[[Page 35904]]

``FE289000001'' on the identification plate are permitted to be 
installed.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) 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: Fabio Buttitta, Aerospace 
Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York 
ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; 
telephone (516) 228-7303; 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

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2007-30, 
dated November 28, 2007; and Bombardier Service Bulletin 84-27-30, 
Revision `C,' dated October 31, 2007; for related information.

Material Incorporated by Reference

    (j) You must use Bombardier Service Bulletin 84-27-30, Revision 
`C,' dated October 31, 2007, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt 
Boulevard, Downsview, Ontario M3K 1Y5, Canada.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 7, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-13921 Filed 6-24-08; 8:45 am]
BILLING CODE 4910-13-P