[Federal Register Volume 63, Number 48 (Thursday, March 12, 1998)]
[Rules and Regulations]
[Pages 11987-11989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6327]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-68-AD; Amendment 39-10389; AD 98-05-03]
RIN 2120-AA64
Airworthiness Directives; de Havilland Model DHC-8-102 and -103
Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This document publishes in the Federal Register an amendment
adopting airworthiness directive (AD) 98-05-03 that was sent previously
by individual notices to all known U.S. owners and operators of certain
de Havilland Model DHC-8-102 and -103 series airplanes. This AD
requires a one-time inspection to detect disbonding of the upper and
lower skin panels of the horizontal stabilizer, and repair, if
necessary. This action is prompted by issuance of mandatory continuing
airworthiness information by a foreign civil airworthiness authority.
The actions specified by this AD are intended to prevent reduced
strength capability and consequent failure of the horizontal
stabilizer, which can result in loss of controllability of the
airplane.
DATES: Effective March 17, 1998, to all persons except those persons to
whom it was made immediately effective by emergency AD 98-05-03, issued
February 25, 1998, which contained the requirements of this amendment.
Comments for inclusion in the Rules Docket must be received on or
before April 13, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-68-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The applicable service information may be obtained from Bombardier,
Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville,
Montreal, Quebec H3C 3G9, Canada. This information may be examined at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the FAA, Engine and Propeller Directorate, New York
Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley
Stream, New York.
FOR FURTHER INFORMATION CONTACT: Serge Napoleon, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, Engine and Propeller
Directorate, New York Aircraft Certification Office, 10 Fifth Street,
Third Floor, Valley Stream, New York 11581; telephone (516) 256-7512;
fax (516) 568-2716.
SUPPLEMENTARY INFORMATION: On February 25, 1998, the FAA issued
emergency AD 98-05-03, which is applicable to certain de Havilland
Model DHC-8-102 and -103 series airplanes.
Transport Canada Aviation (TCA), which is the airworthiness
authority for Canada, recently notified the FAA that an unsafe
condition may exist on certain de Havilland Model DHC-8-102 and -103
series airplanes. TCA advises that it has received reports of
disbonding of the doublers and stringers from the upper and lower skin
panels of the horizontal stabilizer. The bonding process of the
horizontal stabilizer may have been improperly carried out during
production; this bonding process has been discontinued. Such
disbonding, if not corrected, could result in reduced strength
capability and consequent failure of the horizontal stabilizer, which
can result in loss of controllability of the airplane.
TCA issued Canadian airworthiness directive CF-98-01, dated
February 19, 1998, in order to assure the continued airworthiness of
these airplanes in Canada.
FAA's Conclusions
This airplane model is manufactured in Canada and is 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, TCA has kept the FAA informed of the
situation described above. The FAA has examined the findings of TCA,
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.
Explanation of the Requirements of the Rule
Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design registered in the United
States, the FAA issued emergency AD 98-05-03 to prevent reduced
strength capability and consequent failure of the horizontal
stabilizer, which can result in loss of controllability of the
airplane. The AD requires a one-time inspection to detect disbonding of
the upper and lower skin
[[Page 11988]]
panels of the horizontal stabilizer, and repair, if necessary.
This AD also requires that operators report inspection results--
positive or negative--to the FAA.
Interim Action
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
Differences Between This Rule and the Foreign Airworthiness
Directive
Operators should note that, although the parallel Canadian
airworthiness directive specifies that the manufacturer may be
contacted for disposition of certain repair conditions, this rule
requires the repair of those conditions to be accomplished in
accordance with a method approved by the FAA.
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual notices
issued on February 25, 1998, to all known U.S. owners and operators of
certain de Havilland Model DHC-8-102 and -103 series airplanes. These
conditions still exist, and the AD is hereby published in the Federal
Register as an amendment to section 39.13 of the Federal Aviation
Regulations (14 CFR 39.13) to make it effective as to all persons.
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 98-NM-68-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
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, 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 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
98-05-03 De Havilland Inc.: Amendment 39-10389. Docket 98-NM-68-AD.
Applicability: Model DHC-8-102 and -103 series airplanes, serial
numbers 003 through 050 inclusive; 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 request approval for an
alternative method of compliance in accordance with paragraph (d) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated.
To prevent reduced strength capability and consequent failure of
the horizontal stabilizer, which can result in loss of
controllability of the airplane, accomplish the following:
Note 2: Accomplishment of the actions required by paragraph (a)
of this AD is not intended to supersede the ongoing requirements of
the Airworthiness Limitation identified in the Maintenance Review
Board (MRB) report as Task 5500/01.
(a) Perform a one-time ultrasonic bond inspection to detect
disbonding of the upper and lower skin panels of the horizontal
stabilizer, at the time specified in paragraph (a)(1) or (a)(2), as
applicable, of this AD; in accordance with de Havilland Product
Support Manual (PSM) 1-8-7A, part 5, section 55-00-01, dated July
15, 1996.
(1) For airplanes having serial numbers 010 through 040
inclusive: Inspect within 20 flight cycles or 7 days after the
effective date of this AD, whichever occurs first.
(2) For airplanes having serial numbers 003 through 009
inclusive and 041 through 050 inclusive: Inspect within 60 flight
cycles or 7 days after the effective date of this AD, whichever
occurs first.
(b) If any disbonding is found during the inspection required by
paragraph (a) of this AD: Prior to further flight, accomplish the
actions specified by paragraph (b)(1), (b)(2), or (b)(3), as
applicable, of this AD.
(1) If the disbonding is below (smaller than) the limits
specified in the PSM, no further action is required by this
paragraph.
(2) If the disbonding is within the limits specified in the PSM,
repair the disbonded area in accordance with the DHC-8 Structural
Repair Manual PSM 1-8-3.
(3) If the disbonding exceeds the limits specified in the PSM or
if a repair is not provided by the PSM, repair the disbonded area in
accordance with a method approved by the Manager, New York Aircraft
[[Page 11989]]
Certification Office (ACO), FAA, Engine and Propeller Directorate.
Note 3: Where differences between this AD and the parallel
Canadian airworthiness directive exist, this AD prevails.
(c) Within 2 days after performing the inspection required by
paragraph (a) of this AD: Submit a report of inspection findings,
regardless of the results, to the Manager, New York ACO, FAA, Engine
and Propeller Directorate, 10 Fifth Street, Third Floor, Valley
Stream, New York 11581; fax (516) 568-2716. The report must include
the airplane serial number, the stringer number, and the extent
(length or surface area) of disbonding. (Operators may follow the
guidelines provided in Figure 2 of de Havilland PSM 1-8-7A for
reporting requirements.) Information collection requirements
contained in this regulation have been approved by the Office of
Management and Budget (OMB) under the provisions of the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and have been
assigned OMB Control Number 2120-0056.
(d) 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 ACO. 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 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the New York ACO.
(e) 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 a location where
the requirements of this AD can be accomplished.
Note 5: The subject of this AD is addressed in Canadian
airworthiness directive CF-98-01, dated February 19, 1998.
(f) This amendment becomes effective on March 17, 1998, to all
persons except those persons to whom it was made immediately
effective by emergency AD 98-05-03, issued February 25, 1998, which
contained the requirements of this amendment.
Issued in Renton, Washington, on March 5, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-6327 Filed 3-11-98; 8:45 am]
BILLING CODE 4910-13-U
