[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Proposed Rules]
[Pages 1164-1166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-323]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1361; Directorate Identifier 2008-NM-140-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, -103, and -
106 Airplanes and DHC-8-200, -300, and -400 Series 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 fuselage spoiler cable disconnect sensing device was installed 
in production on later DHC-8 Series 100/200/300 aircraft, and on all 
DHC-8 Series 400 aircraft. On earlier DHC-8 Series 100/200/300 
aircraft, its installation was mandated by [Canadian] Airworthiness 
Directive CF-2006-13 [which corresponds to FAA AD 2007-21-16].
    However, several incorrectly assembled spoiler cable disconnect 
sensing devices have recently been discovered on in-service 
aircraft. A pulley and plastic spacer had been inadvertently 
interchanged during assembly of the device in production, resulting 
in the spoiler cable sliding on the spacer rather than on the 
pulley, as designed.
    Continued operation with an incorrectly assembled spoiler cable 
disconnect sensing device could result in impaired operation of the 
sensing device and/or an eventual fuselage spoiler cable disconnect, 
with possible reduced controllability of the aircraft.

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 February 11, 
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; e-mail 
[email protected]; Internet http://www.bombardier.com. 
You may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221 or 425-227-1152.

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 proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: Dan Parrillo, 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) 228-7305; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

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-2008-1361; 
Directorate Identifier 2008-NM-140-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://www.regulations.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-
2008-28, dated July 10, 2008 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    A fuselage spoiler cable disconnect sensing device was installed 
in production on later DHC-8 Series 100/200/300 aircraft, and on all 
DHC-8 Series 400 aircraft. On earlier DHC-8 Series 100/200/300 
aircraft, its installation was mandated by [Canadian] Airworthiness 
Directive CF-2006-13 [which corresponds to FAA AD 2007-21-16].
    However, several incorrectly assembled spoiler cable disconnect 
sensing devices have recently been discovered on in-service 
aircraft. A pulley and plastic spacer had been inadvertently 
interchanged during assembly of the device in production, resulting 
in the spoiler cable sliding on the spacer rather than on the 
pulley, as designed.
    Continued operation with an incorrectly assembled spoiler cable 
disconnect sensing device could result in impaired operation of the 
sensing device and/or an eventual fuselage spoiler cable disconnect, 
with possible reduced controllability of the aircraft.

Required actions include inspecting the fuselage spoiler cable 
disconnect sensing device and, if necessary, inspecting components for 
wear and damage, replacing worn or damaged components, and correctly 
re-assembling the sensing device. You may obtain further information by 
examining the MCAI in the AD docket.

[[Page 1165]]

Relevant Service Information

    Bombardier has issued Service Bulletins 84-27-34, dated October 3, 
2007, and 8-27-107, dated October 16, 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 145 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $11,600, or $80 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, Incorporation by 
reference, 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. (Formerly de Havilland, Inc.): Docket No. FAA-2008-
1361; Directorate Identifier 2008-NM-140-AD.

Comments Due Date

    (a) We must receive comments by February 11, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following Bombardier Model DHC-8 
airplanes, certificated in any category.
    (1) Model DHC-8-102, -103, -106, -201, -202, -301, -311, and -
315 airplanes, serial numbers 003 through 644 inclusive.
    (2) Model DHC-8-400, -401 and -402 airplanes, serial numbers 
4003, 4004, 4006, and 4008 through 4164 inclusive.

Subject

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

Reason

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

    A fuselage spoiler cable disconnect sensing device was installed 
in production on later DHC-8 Series 100/200/300 aircraft, and on all 
DHC-8 Series 400 aircraft. On earlier DHC-8 Series 100/200/300 
aircraft, its installation was mandated by [Canadian] Airworthiness 
Directive CF-2006-13 [which corresponds to FAA AD 2007-21-16].
    However, several incorrectly assembled spoiler cable disconnect 
sensing devices have recently been discovered on in-service 
aircraft. A pulley and plastic spacer had been inadvertently 
interchanged during assembly of the device in production, resulting 
in the spoiler cable sliding on the spacer rather than on the 
pulley, as designed.
    Continued operation with an incorrectly assembled spoiler cable 
disconnect sensing device could result in impaired operation of the 
sensing device and/or an eventual fuselage spoiler cable disconnect, 
with possible reduced controllability of the aircraft.

Required actions include inspecting the fuselage spoiler cable 
disconnect sensing device and, if necessary, inspecting components 
for wear and damage, replacing worn or damaged components, and 
correctly re-assembling the sensing device.

Actions and Compliance

    (f) Unless already done, do the following.
    (1) For Bombardier Model DHC-8-102, -103, -106, -201, -202, -
301, -311, and -315 airplanes, serial numbers 003 through 561 
inclusive: Do the actions required by paragraph (f)(1)(i) or 
(f)(1)(ii) of this AD, as applicable, in accordance with paragraph 
3.B., Part A, of Bombardier Service Bulletin 8-27-107, dated October 
16, 2007.
    (i) For airplanes on which fuselage spoiler cable disconnect 
sensing device, Modsum 8Q100898, has been installed as of the 
effective date of this AD: Within 1,000 flight hours after the 
effective date of this AD, inspect the fuselage spoiler cable 
disconnect sensing device for correct assembly.
    (ii) For airplanes on which fuselage spoiler cable disconnect 
sensing device, Modsum 8Q100898, has not been installed as of the 
effective date of this AD: Concurrently with

[[Page 1166]]

the installation of Modsum 8Q100898, inspect the fuselage spoiler 
cable disconnect sensing device for correct assembly.


    Note 1: AD 2007-21-16 requires the installation of Modsum 
8Q100898.


    (2) For Bombardier Model -102, -103, -106, -201, -202, -301, -
311, and -315 airplanes, serial numbers 562 through 644 inclusive: 
Within 1,000 flight hours after the effective date of this AD, 
inspect the fuselage spoiler cable disconnect sensing device for 
correct assembly in accordance with paragraph 3.B., Part A, of 
Bombardier Service Bulletin 8-27-107, dated October 16, 2007.


    Note 2: The fuselage spoiler cable disconnect sensing device was 
installed in production on the airplanes identified in paragraph 
(f)(2) of this AD.


    (3) For Bombardier Model DHC 8-400, -401, and -402 airplanes, 
serial numbers 4003, 4004, 4006, and 4008 through 4164 inclusive: 
Within 1,000 flight hours after the effective date of this AD, 
inspect the fuselage spoiler cable disconnect sensing device for 
correct assembly in accordance with paragraph 3.B., Part A, of 
Bombardier Service Bulletin 84-27-34 dated October 3, 2007.


    Note 3: The fuselage spoiler cable disconnect sensing device was 
installed in production on the airplanes identified in paragraph 
(f)(3) of this AD.


    (4) For all airplanes: If an incorrectly assembled sensing 
device is detected during any inspection required by paragraphs 
(f)(1), (f)(2), or (f)(3) of this AD, before further flight, inspect 
the components, replace worn or damaged components, and correctly 
re-assemble the sensing device. Do the actions in accordance with 
paragraph 3.B., Part B, of Bombardier Service Bulletin 8-27-107, 
dated October 16, 2007; or Bombardier Service Bulletin 84-27-34, 
dated October 3, 2007; as applicable.

FAA AD Differences

    Note 4: This AD differs from the MCAI and/or service information 
as follows: No difference.


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, 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: Dan Parrillo, 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) 228-7305; 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-2008-28, 
dated July 10, 2008; Bombardier Service Bulletin 84-27-34, dated 
October 3, 2007; and Bombardier Service Bulletin 8-27-107 dated 
October 16, 2007; for related information.

    Issued in Renton, Washington, on December 18, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.

[FR Doc. E9-323 Filed 1-9-09; 8:45 am]
BILLING CODE 4910-13-P