[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Rules and Regulations]
[Pages 19807-19808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10076]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-CE-47-AD; Amendment 39-9578; AD 96-09-04]
RIN 2120-AA64
Airworthiness Directives; de Havilland Model DHC-3 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 90-12-
08, which currently requires the following on de Havilland Model DHC-3
airplanes: repetitively inspecting (using dye penetrant methods) the
tailplane main rib forward flanges and the main rib forward lower
flanges at the tailplane front attachment fitting for cracks and
repairing any cracked flange. This AD action will retain the repetitive
inspections currently required by AD 90-12-08, and will allow a certain
modification as terminating action for these repetitive inspections.
This action is prompted by the Federal Aviation Administration's
determination that installing new angles and plates on the tailplane
root ribs on de Havilland Model DHC-3 airplanes provides an equivalent
level of safety to the repetitive inspections required by AD 90-12-08.
The actions specified by this AD are intended to prevent failure of the
tailplane structure caused by cracked tailplane main rib forward
flanges or main rib forward lower flanges at the tailplane front
attachment fitting, which, if not detected and corrected, could result
in loss of control of the airplane.
DATES: Effective May 17, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 17, 1996.
ADDRESSES: Service information that applies to this AD may be obtained
from Bombardier Inc., (the parent company of de Havilland) Bombardier
Regional Aircraft Division, Garrett Boulevard, Downsview, Ontario,
Canada M3K 1Y5; telephone (416) 633-7310. This information may also be
examined at the Federal Aviation Administration (FAA), Central Region,
Office of the Assistant Chief Counsel, Attention: Rules Docket 95-CE-
47-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106; or
at the Office of the Federal Register, 800 North Capitol Street, NW.,
suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr. Jeff Casale, Aerospace Engineer,
FAA, New York Aircraft Certification Office, 10 5th St., 3rd Floor,
Valley Stream, New York 11581; telephone (516) 256-7521; facsimile
(516) 568-2716.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an AD that would apply
to de Havilland Model DHC-3 airplanes was published in the Federal
Register on November 14, 1995 (60 FR 57201). This action would retain
the repetitive inspections currently required by AD 90-12-08, and would
allow incorporating a certain modification as terminating action for
these repetitive inspections. Accomplishment of this action will be in
accordance with de Havilland Service Bulletin (SB) No. 3/46, Revision
B, dated December 1, 1989 and de Havilland SB No. 3/50, Revision A,
dated February 17, 1995.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on the
proposed rule or the FAA's determination of the cost to the public.
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except for
minor editorial corrections. The FAA has determined that these minor
corrections will not change the meaning of the AD and will not add any
additional burden upon the public than was already proposed.
The FAA estimates that 49 airplanes in the U.S. registry will be
affected by this AD, that it will take approximately 35 workhours per
airplane to accomplish the inspection and that the average labor rate
is approximately $60 an hour. Based on these figures, the total cost
impact of this AD on U.S. operators is estimated to be $102,900 or
$2,100 per airplane. This figure represents the cost of the initial
inspection, and does not reflect the costs for repetitive inspections
or possible repairs. The FAA has no way of determining how many
tailplane main rib forward or main rib forward lower flanges may need
to be repaired or how many repetitive inspections each owner/operator
of the affected airplanes would incur over the life of the airplane.
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.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under 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. A copy of the final evaluation prepared for this
action is contained in the Rules Docket. A copy of it may be obtained
by contacting 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 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing AD 90-12-08, Amendment 39-
6622, and by adding a new airworthiness directive (AD) to read as
follows:
96-09-04 De Havilland: Amendment 39-9578. Docket No. 95-CE-47-AD;
Supersedes AD 90-12-08, Amendment 39-6622.
Applicability: Model DHC-3 airplanes (all serial numbers),
certificated in any category, that do not have Modification 3/935
incorporated in accordance with de Havilland Service Bulletin (SB)
number (No.) 3/50, Revision A, dated February 17, 1995.
[[Page 19808]]
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 (e) 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: Within the next 3 calendar months after the
effective date of this AD, unless already accomplished (compliance
with AD 90-12-08), and thereafter at intervals not to exceed 24
calendar months.
To prevent failure of the tailplane structure caused by cracked
tailplane main rib forward flanges or main rib forward lower flanges
at the tailplane front attachment fitting, which, if not detected
and corrected, could result in loss of control of the airplane,
accomplish the following:
(a) Inspect, using dye penetrant methods, the tailplane main rib
forward flanges and the main rib forward lower flanges at the
tailplane front attachment fitting in accordance with the
ACCOMPLISHMENT INSTRUCTIONS section of de Havilland SB No. 3/46,
Revision B, dated December 1, 1989.
Note 2: Pay particular attention to the front attachment fitting
area.
(b) Prior to further flight, repair any tailplane main rib
forward flange or main rib forward lower flange found cracked during
any inspection required by this AD. Accomplish this repair in
accordance with the ACCOMPLISHMENT INSTRUCTIONS section of de
Havilland SB No. 3/46, Revision B, dated December 1, 1989.
(c) Installing tailplane root rib angles and plates of improved
design (Modification 3/935) in accordance with de Havilland SB 3/50,
Revision A, dated February 17, 1995, terminates the repetitive
inspection requirement of this AD. Modification 3/935 may be
incorporated at any time provided that any tailplane main rib
forward flange or main rib forward lower flange found cracked during
any inspection required by this AD is repaired.
(d) 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.
(e) An alternative method of compliance or adjustment of the
initial or repetitive compliance times that provides an equivalent
level of safety may be approved by the Manager, New York Aircraft
Certification Office, 10 5th St., 3rd Floor, Valley Stream, New York
11581. The request shall be forwarded through an appropriate FAA
Maintenance Inspector, who may add comments and then send it to the
Manager, New York Aircraft Certification Office.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the New York Aircraft Certification Office.
(f) Alternative methods of compliance approved in accordance
with AD 90-12-08 (superseded by this action) are considered approved
as alternative methods of compliance with this AD.
(g) The inspections, repairs, and replacements required by this
AD shall be done in accordance with de Havilland Service Bulletin
No. 3/46, Revision B, dated December 1, 1989, and de Havilland
Service Bulletin No. 3/50, Revision A, dated February 17, 1995. This
incorporation by reference 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. (the parent company
of de Havilland), Bombardier Regional Aircraft Division, Garrett
Boulevard, Downsview, Ontario, Canada M3K 1Y5; telephone (416) 633-
7310. Copies may be inspected at the FAA, Central Region, Office of
the Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas
City, Missouri, or at the Office of the Federal Register, 800 North
Capitol Street, NW., 7th Floor, suite 700, Washington, DC.
(h) This amendment supersedes AD 90-12-08, Amendment 39-6622.
(i) This amendment (39-9578) becomes effective on May 17, 1996.
Issued in Kansas City, Missouri, on April 18, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-10076 Filed 5-2-96; 8:45 am]
BILLING CODE 4910-13-U
