[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Rules and Regulations]
[Pages 5277-5279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2951]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-261-AD; Amendment 39-9475; AD 95-26-17]
Airworthiness Directives; de Havilland Model DHC-8-301, -311, and
-315 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain de Havilland Model DHC-8-301, -311, and -315
series airplanes. This action requires modification of the airspeed
limitations placard and revision of the Airplane Flight Manual to
specify operating at lower airspeeds at full flaps. This action also
provides for the termination of the requirements of this AD for certain
airplanes. This amendment is prompted by a report that incorrect rivets
were installed on the outboard flaps assemblies of these airplanes. The
actions specified in this AD are intended to prevent structural failure
of the outboard flaps of the wings due to the installation of incorrect
rivets in the flap assemblies, which could result in reduced
controllability of the airplane.
DATES: Effective February 27, 1996. -
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 27, 1996. -
Comments for inclusion in the Rules Docket must be received on or
before April 12, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-261-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. -
The service information referenced in this AD may be obtained from
Bombardier, Inc., Bombardier Regional Aircraft Division, Garratt
Boulevard, Downsview, Ontario, Canada M3K 1Y5. This information may be
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, New York Aircraft Certification
Office, Engine and Propeller Directorate, 10 Fifth Street, Third Floor,
Valley Stream, New York; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Franco Pieri, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, Engine and Propeller Directorate, 10 Fifth
Street, Third Floor, Valley Stream, New York 11581; telephone (516)
256-7526; fax (516) 568-2716.
SUPPLEMENTARY INFORMATION: Transport Canada Aviation, which is the
airworthiness authority for Canada, recently notified the FAA that an
unsafe condition may exist on certain de Havilland Model DHC-8-301, -
311, and -315 series airplanes. Transport Canada Aviation advises that
incorrect rivets were installed during manufacture of the outboard flap
assemblies of these airplanes. Investigation revealed that AD rivets
were installed on the outboard flaps instead of DD rivets. AD rivets
are made of a material that is not as strong as that of DD rivets. This
condition, if not corrected, could result in structural failure of the
outboard flaps of the wings, and subsequent reduced controllability of
the airplane. -
The manufacturer has issued de Havilland Service Bulletin S.B. 8-
57-24, Revision `A', dated September 26, 1995, which describes
procedures for modification (8/2498) of the airspeed limitations
placard to specify a lower airspeed at 35 degrees flaps. -
The service bulletin also describes procedures for modification (8/
2066) of the outboard flaps, which entails drilling out the AD rivets
and installing new DD rivets on Model DHC-8-311 and -315 series
airplanes. Following accomplishment of this modification, the service
bulletin specifies removal of the airspeed limitations placard
(Modification 8/2498). A corrective modification has not yet been
developed for Model DHC-8-301 series airplanes. -
Transport Canada Aviation classified this service bulletin as
mandatory and issued Canadian airworthiness directive CF-95-05R1, dated
October 19, 1995, in order to assure the continued airworthiness of
these airplanes in Canada. In addition, the Canadian airworthiness
directive requires a revision to the Airplane Flight Manual (AFM),
which specifies operating at a lower airspeed at full flaps. The
Canadian airworthiness directive references DHC-8 Model 301 Flight
Manual, PSM 1-83-1A, Flight Manual Revision 57, dated September 26,
1995, for accomplishment of the AFM revision for Model DHC-8-301 series
airplanes. -
These airplane models are manufactured in Canada and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, Transport Canada Aviation has kept
the FAA informed of the situation described above. The FAA has examined
the findings of Transport Canada Aviation, reviewed all available
information, and determined that AD action is necessary for products of
this type design that are certificated for operation in the United
States. -
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to prevent structural
failure of the outboard flaps of the wings and subsequent reduced
controllability of the airplane. This AD requires modification of the
airspeed limitations placard to indicate that the airplane must be
flown at reduced airspeed when flying at 35 degrees flaps. This action
is required to be accomplished in accordance with the service bulletin
described previously. -
Additionally, this AD requires a revision to the AFM for all
airplanes to include information relative to reducing airspeed at 35
degrees flaps. (The revision for Model DHC-8-301 series airplanes is
described in DHC-8 Model 301 Flight Manual, PSM 1-83-1A, Flight Manual
Revision 57, dated September 26, 1995.) -
For Model DHC-8-311 and -315 series airplanes, this AD also
provides for termination of the requirements of the AD by modifying the
outboard flaps (installation of Modification 8/2066). -
This is considered to be interim action. The FAA is currently
considering requiring the accomplishment of Modification 8/2066 on the
applicable airplanes, which will constitute terminating action for the
requirements of this AD action. However, the planned compliance time
for accomplishment of this modification is sufficiently long so that
prior notice and time for public comment will be practicable. -
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
[[Page 5278]]
Comments Invited -
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed. -
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket. -
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 95-NM-261-AD.'' The postcard will be date stamped and
returned to the commenter. -
The regulations adopted herein will not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment. -
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39 -
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment -
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES -
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40101, 40113, 44701.
Sec. 39.13 [Amended] -
2. Section 39.13 is amended by adding the following new
airworthiness directive:
95-26-17 De Havilland, Inc.: Amendment 39-9475. Docket 95-NM-261-
AD.
-Applicability: Model DHC-8-301, -311, and -315 series
airplanes; as listed in de Havilland Service Bulletin S.B. 8-57-24,
Revision `A', dated September 26, 1995; certificated in any
category.
-Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (e) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
-Compliance: Required as indicated, unless accomplished
previously. -
To prevent structural failure of the outboard flaps of the wings
and subsequent reduced controllability of the airplane, accomplish
the following: -
(a) Within 30 days after the effective date of this AD,
accomplish the modification of the airspeed limitation placards
(Modification 8/2498) in accordance with de Havilland Service
Bulletin S.B. 8-57-24, Revision `A', dated September 26, 1995. -
(b) Prior to further flight following accomplishment of the
modification required by paragraph (a) of this AD, revise the
Limitations Section of the FAA-approved Airplane Flight Manual (AFM)
by accomplishing either paragraph (b)(1) or (b)(2) of this AD, as
applicable; and operate the airplane in accordance with those
limitations. -
(1) For Model DHC-8-301 series airplanes: Include the
information specified in DHC-8 Model 301 Flight Manual, PSM 1-83-1A,
Flight Manual Revision 57, dated September 26, 1995, which specifies
a lower airspeed limitation at full flaps. This may be accomplished
by inserting a copy of Flight Manual Revision 57 into the AFM. -
(2) For Model DHC-8-311 and -315 series airplanes: Include the
following statement in section 2, paragraph 2.4.1.2., of the AFM.
This may be accomplished by inserting a copy of this AD in the AFM.
``Flap extended speed (VFE): Flaps 35 degrees 130 knots IAS'' -
(c) For Model DHC-8-311 and -315 series airplanes:
Accomplishment of Modification 8/2066 in accordance with de
Havilland Service Bulletin S.B. 8-57-24, Revision `A', dated
September 26, 1995, constitutes terminating action for the
requirements of this AD. Following accomplishment of Modification 8/
2066, the airspeed limitations placard (Modification 8/2498)
required by paragraph (a) of this AD and the AFM limitation required
by paragraph (b) of this AD may be removed. -
(d) As of the effective date of this AD, Modification 8/2498
must be accomplished in accordance with de Havilland Service
Bulletin S.B. 8-57-24, Revision `A', dated September 26, 1995, prior
to installation of any outboard flap assembly having a part number
and serial number that is listed in de Havilland Service Bulletin
S.B. 8-57-24, Revision `A', dated September 26, 1995.
-Note 2: For Model DHC-8-311 and -315 series airplanes:
Accomplishment of Modification 8/2066 in accordance with de
Havilland Service Bulletin S.B. 8-57-24, Revision `A', dated
September 26, 1995, is considered acceptable for compliance with the
requirements of paragraph (d) of this AD.
-(e) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, New York Aircraft Certification
Office (ACO), FAA, Engine and Propeller Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, New York ACO.
-Note: 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the New York ACO. -
(f) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to
[[Page 5279]]
a location where the requirements of this AD can be accomplished. -
(g) The modifications shall be done in accordance with de
Havilland Service Bulletin S.B. 8-57-24, Revision `A', dated
September 26, 1995. The AFM revision may be done in accordance with
DHC-8 Model 301 Flight Manual, PSM 1-83-1A, Flight Manual Revision
57, dated September 26, 1995, for Model DHC-8-301 series airplanes.
The incorporation by reference of these documents was approved by
the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies may be obtained from Bombardier,
Inc., Bombardier Regional Aircraft Division, Garratt Boulevard,
Downsview, Ontario, Canada M3K 1Y5. Copies may be inspected at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, New York Aircraft Certification Office,
Engine and Propeller Directorate, 10 Fifth Street, Third Floor,
Valley Stream, New York; or at the Office of the Federal Register,
800 North Capitol Street, NW., suite 700, Washington, DC. -
(h) This amendment becomes effective on February 27, 1996.
Issued in Renton, Washington, on December 22, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-2951 Filed 2-9-96; 8:45 am]
BILLING CODE 4910-13-U
