[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Rules and Regulations]
[Pages 61346-61348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24252]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1088; Directorate Identifier 2008-NE-15-AD; 
Amendment 39-15691; AD 2008-21-07]
RIN 2120-AA64


Airworthiness Directives; Dowty Propellers R408 Series Propellers

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

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued 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:
    Three in-service propellers have been found to have blades which 
have lost the bonded metallic leading edge guard. If the leading edge 
guard comes off as the propeller turns, it could cause secondary damage 
to aircraft or injury to personnel. For the reasons described above, 
EASA issued Emergency AD 2007-0223-E to require repetitive inspections 
of the blade Leading Edge (L/E) guards for correct bonding until they 
accumulate more than 1,200 flight hours (FH) time in service.
    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI, which could result in the loss of the 
bonded metallic leading edge guard, and could result in damage to the 
airplane or injury to personnel.

DATES: This AD becomes effective October 31, 2008.
    We must receive comments on this AD by November 17, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of Dowty Propellers Alert Service Bulletin (ASB) D8400-61-
A69, dated August 15, 2007, and ASB D8400-61-A69, Revision 1, dated 
September 18, 2007, listed in the AD as of October 31, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: U.S. Department of Transportation, 1200 New Jersey 
Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 
20590-0001.
     Hand Delivery: Deliver to mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.

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 this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is the same as 
the mail address provided in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Terry Fahr, Aerospace Engineer, Boston 
Aircraft Certification Office, FAA, Engine & Propeller Directorate, 12 
New England Executive Park, Burlington, MA 01803; e-mail: 
[email protected]; telephone (781) 238-7155; fax (781) 238-7170.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2007-0223 R2, dated October 26, 2007, (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Three in-service propellers have been found to have blades which 
have lost the bonded metallic leading edge guard. If the leading 
edge guard comes off as the propeller turns, it could cause 
secondary damage to aircraft or injury to personnel.

    For the reasons described above, EASA issued Emergency AD 2007-
0223-E to require repetitive inspections of the blade Leading Edge (L/
E) guards for correct bonding until they accumulate more than 1,200 FH 
time in service. Revision 1 of this AD was issued to clarify the 
required inspections and follow-up actions depending on findings and to 
make reference to the latest Dowty Alert Service Bulletin (ASB) 
revision.

    This AD has been further revised for clarification, specifying 
that blades repaired at the tip are only allowed to continue up to 
500 hours in service after repair. This limitation was already in 
the Dowty ASB and the Note is added to the AD to avoid the 
impression that the AD does not require the same limitation.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Dowty Propellers has issued Alert Service Bulletins D8400-61-A69, 
dated August 15, 2007; and Revision 1, dated September 18, 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 AD

    This product has been approved by the aviation authority of the 
United Kingdom, and is approved for operation in the United States. 
Pursuant to our bilateral agreement with the United Kingdom, they have 
notified us of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all information provided by the United Kingdom and determined 
the unsafe condition exists and is likely to exist or develop on other 
products of the same type design.
    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because the 
required compliance time to detect the unsafe condition is too short 
for public comment. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2008-1088; Directorate 
Identifier 2008-NE-15-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of

[[Page 61347]]

this AD. We will consider all comments received by the closing date and 
may amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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.

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:

2008-21-07 Dowty Propellers (Formerly Dowty Aerospace Propellers): 
Amendment 39-15691; Docket No. FAA-2008-1088; Directorate Identifier 
2008-NE-15-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
31, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dowty Propellers model R408/6-123-F/17 
propellers with blades, part numbers (P/Ns) 697071200-18, 697071210-
18, 697071227-18, 697071240-18, 697071245-18, or 697071257-18, 
installed. These propellers are installed on, but not limited to, 
Bombardier, Inc. (formerly de Havilland Canada) models DHC-8-400, 
DHC-8-401, and DHC-8-402 series airplanes.

Reason

    (d) Three in-service propellers have been found to have blades 
which have lost the bonded metallic leading edge guard. If the 
leading edge guard comes off as the propeller turns, it could cause 
secondary damage to aircraft or injury to personnel. For the reasons 
described above, EASA issued Emergency AD 2007-0223-E to require 
repetitive inspections of the blade Leading Edge (L/E) guards for 
correct bonding until they accumulate more than 1,200 flight hours 
(FH) time in service.
    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI, which could result in the loss of 
the bonded metallic leading edge guard, which could result in damage 
to the airplane or injury to personnel.

Actions and Compliance

    (e) Unless already done, do the following actions.
    (1) Within the next 50 FH or within 1 month after the effective 
date of this AD, whichever occurs first, inspect all the concerned 
blade assemblies where the bonded metallic L/E guard has accumulated 
1,200 FH or less since installation, in accordance with the 
instructions of Dowty Propellers ASB No. D8400-61-A69;
    (2) Within 50 FH or 1 month after installing a replacement 
blade, inspect the concerned blade assembly where the bonded 
metallic L/E guard has accumulated 1,200 FH or less since 
installation, in accordance with the instructions of Dowty 
Propellers ASB No. D8400-61-A69;
    (3) After the inspection as required by paragraph (1) or (2) of 
this AD, as applicable, at intervals not to exceed 100 FH, repeat 
the inspection of the concerned blade assemblies in accordance with 
the instructions of Dowty Propellers ASB No. D8400-61-A69 until the 
bonded blade L/E guard has accumulated more than 1,200 FH since 
installation;
    (4) When, during any of the inspections as required by 
paragraphs (1), (2) or (3) of this AD, disbonding is found, apply 
the criteria as indicated in Appendix A of Dowty Propellers ASB No. 
D8400-61-A69 Revision 1 and, within the associated time period, 
repair or replace the affected blade assembly, as necessary, in 
accordance with the instructions of Dowty Propellers ASB No. D8400-
61-A69 Revision 1.
    (f) Blades that have been repaired within the first 101.6 mm 
(4.0 inches) of the tip of the blade as specified in Appendix D of 
the referenced ASB are allowed to continue in service for another 
500 FH after accomplishment of the repair. Repair does not terminate 
the repetitive inspection requirements of paragraph (e)(3) of this 
directive.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Boston Aircraft Certification Office, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19.
    (2) Special Flight Permits: We are prohibiting special flight 
permits.

Related Information

    (h) Refer to MCAI Airworthiness Directive 2007-0223, Revision 2, 
dated October 26, 2007, and Dowty Propellers Alert Service Bulletin 
(ASB) D8400-61-A69, dated August 15, 2007 or Revision 1, dated 
September 18, 2007, for related information.
    (i) Contact Terry Fahr, Aerospace Engineer, Boston Aircraft 
Certification Office, FAA, Engine & Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
[email protected]; telephone (781) 238-7155; fax (781) 238-7170, 
for more information about this AD.

Material Incorporated by Reference

    (j) You must use the service information specified in Table 1 of 
this AD 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 Dowty 
Propellers, Anson Business Park, Cheltenham Road East, Gloucester 
GL2 9QN, UK; Telephone 44 (0) 1452 716000; fax 44 (0) 1452 716001.
    (3) You may review copies at the FAA, New England Region, 12 New 
England Executive Park, Burlington, MA; or at the National Archives 
and Records

[[Page 61348]]

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.

                                   Table 1--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
   Alert Service Bulletin No.             Page               Revision                       Date
----------------------------------------------------------------------------------------------------------------
 D8400-61-A69, Total Pages--4...   1.................   1.................   September 18, 2007.
                                  2..................   Original..........   August 15, 2007.
                                  3..................   1.................   September 18, 2007.
                                  4..................   Original..........   August 15, 2007.
 D8400-61-A69, Appendix A, Total   1.................   1.................   September 18, 2007.
 Pages--4.
                                  2 to 4.............   Original..........   August 15, 2007.
 D8400-61-A69, Appendix B, Total   All...............   Original..........   August 15, 2007.
 Pages--1.
 D8400-61-A69, Appendix C, Total   All...............   Original..........   August 15, 2007.
 Pages--3.
 D8400-61-A69, Appendix D, Total   All...............   1.................   September 18, 2007.
 Pages--2.
----------------------------------------------------------------------------------------------------------------


    Issued in Burlington, Massachusetts, on October 3, 2008.
Thomas A. Boudreau,
Acting Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
 [FR Doc. E8-24252 Filed 10-15-08; 8:45 am]
BILLING CODE 4910-13-P