AD 2009-06-21

[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Rules and Regulations]
[Pages 12245-12247]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-5964]


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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; 
Amendment 39-15858; AD 2009-06-21]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, -103, and -
106 Airplanes, and Model DHC-8-200, -300, and -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:

    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.

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective April 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 28, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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.

[[Page 12246]]


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:

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 January 12, 2009 (74 
FR 1164). That NPRM proposed 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.

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.

Change to the NPRM

    We clarified the DHC-8 model designation in paragraph (f)(2) of the 
AD. That designation was missing in the NPRM.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the change described 
previously. We determined that this change will not increase the 
economic burden on any operator or increase the scope of the AD.

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 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 145 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. Based on these figures, we estimate the cost of this AD 
to the 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 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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:

2009-06-21 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-15858. Docket No. FAA-2008-1361; Directorate Identifier 2008-NM-
140-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
28, 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 series airplanes, serial numbers 003 through 644 inclusive.

[[Page 12247]]

    (2) Model DHC-8-400, -401 and -402 series 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 series 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 the installation of 
Modsum 8Q100898, inspect the fuselage spoiler cable disconnect 
sensing device for correct assembly.

    Note 1: AD 2007-21-16, amendment 39-15234, requires the 
installation of Modsum 8Q100898.

    (2) For Bombardier Model DHC-8-102, -103, -106, -201, -202, -
301, -311, and -315 series 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 series 
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 paragraph 
(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.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 8-27-107, dated 
October 16, 2007; and Bombardier Service Bulletin 84-27-34, dated 
October 3, 2007; as applicable; 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., 400 Cote-Vertu Road West, Dorval, Quebec H4S 1Y9, 
Canada; telephone 514-855-5000; fax 514-855-7401; e-mail 
<a href="/cdn-cgi/l/email-protection#6b1f030f451a180e19020e182b0a0e190445090406090a190f020e1945080406"><span class="__cf_email__" data-cfemail="7c081418520d0f190e15190f3c1d190e13521e13111e1d0e1815190e521f1311">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference 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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on March 12, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-5964 Filed 3-23-09; 8:45 am]
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