

[Federal Register: October 17, 2007 (Volume 72, Number 200)]
[Rules and Regulations]               
[Page 58755-58757]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc07-2]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28371; Directorate Identifier 2007-NM-040-AD; 
Amendment 39-15234; AD 2007-21-16]
RIN 2120-AA64

 
Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106, 
-201, -202, -301, -311, and -315 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] roll spoiler cable failure could result in an unacceptable 
amount of roll spoiler deflection, which could result in 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 November 21, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 21, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov
 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.

FOR FURTHER INFORMATION CONTACT: Ezra Sasson, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7320; 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 June 11, 2007 (72 FR 
32027). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been identified that a roll spoiler cable failure could 
result in an unacceptable amount of roll spoiler deflection, which 
could result in reduced controllability of the aircraft. To address 
this condition, Modsum 8Q100898 has been issued to introduce a 
spoiler cable disconnect sensing device. This modification has been 
installed in production on aircraft serial numbers 562 and 
subsequent. An associated operational check has also been introduced 
(See Note 1 [of the MCAI]).
    In addition, Modsum 8Q101443 has been issued to address a 
potential spoiler cable interference condition on aircraft serial 
numbers 003 through 123, 125 through 130, 132 through 136, 138 and 
139, which do not yet have a spoiler cable tension regulator 
(Mod[ification] 8/0708) installed.
    Following incorporation of the spoiler cable disconnect sensing 
device on several aircraft, it was noted that, in the event of a 
spoiler cable failure, only the ROLL SPLR INBD HYD caution light 
will be illuminated until the aircraft speed decreases below 135 kts 
(knots), at which time the ROLL SPLR OUTBD HYD caution light will 
also be illuminated. Modsum 8Q101445 has been issued to rework the 
sensing circuit caution light indication to ensure that it is 
consistent for spoiler cable disconnects above and below 135 kts. 
This modification has been installed in production on aircraft 
serial numbers 600 and subsequent.

    The corrective action includes installing a spoiler cable 
disconnect sensing device, correcting a potential spoiler cable 
interference condition, and reworking the spoiler cable disconnect 
sensing circuit, as applicable. 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 considered the comment received.

Request To Refer to Latest Revision of a Service Bulletin

    Piedmont Airlines points out that the current revision level of 
Bombardier Service Bulletin 8-27-89 is Revision `G,' dated April 12, 
2007. (We referred to Bombardier Service Bulletin 8-27-89, Revision 
`E,' dated January 27, 2005, as the appropriate source of service 
information for accomplishing certain actions specified in the NPRM.)
    We infer that the commenter would like us to refer to Revision `G' 
of the service bulletin in the AD. We agree. Revision `G' was issued to 
correctly identify certain document numbers. No additional work is 
introduced by Revision `G' of the service bulletin. We have revised 
paragraphs (f)(1) and (f)(2) of this AD to refer to Revision `G' of the 
service bulletin. We have also revised paragraphs (f)(4) and (f)(5) of 
this AD to credit operators who have accomplished the actions in 
accordance with Bombardier Service Bulletin 8-27-89, Revision `E,' 
dated January 27, 2005, or in accordance with Bombardier Service 
Bulletin 8-27-89, Revision `F,' dated March 14, 2007.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

[[Page 58756]]

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 166 products of U.S. registry. 
We also estimate that it will take about 13 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will cost about $1,000 per 
product. Where the service information lists required parts costs that 
are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $338,640, or $2,040 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 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 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:

2007-21-16 Bombardier, Inc.: Amendment 39-15234. Docket No. FAA-
2007-28371; Directorate Identifier 2007-NM-040-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
21, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-102, -103, -106, -
201, -202, -301, -311, and -315 airplanes; certificated in any 
category; serial numbers 003 through 599.

Subject

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

Reason

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

    It has been identified that a roll spoiler cable failure could 
result in an unacceptable amount of roll spoiler deflection, which 
could result in reduced controllability of the aircraft. To address 
this condition, Modsum 8Q100898 has been issued to introduce a 
spoiler cable disconnect sensing device. This modification has been 
installed in production on aircraft serial numbers 562 and 
subsequent. An associated operational check has also been introduced 
(See Note 1 [of the MCAI]).
    In addition, Modsum 8Q101443 has been issued to address a 
potential spoiler cable interference condition on aircraft serial 
numbers 003 through 123, 125 through 130, 132 through 136, 138 and 
139, which do not yet have a spoiler cable tension regulator 
(Mod[ification] 8/0708) installed.
    Following incorporation of the spoiler cable disconnect sensing 
device on several aircraft, it was noted that, in the event of a 
spoiler cable failure, only the ROLL SPLR INBD HYD caution light 
will be illuminated until the aircraft speed decreases below 135 kts 
(knots), at which time the ROLL SPLR OUTBD HYD caution light will 
also be illuminated. Modsum 8Q101445 has been issued to rework the 
sensing circuit caution light indication to ensure that it is 
consistent for spoiler cable disconnects above and below 135 kts. 
This modification has been installed in production on aircraft 
serial numbers 600 and subsequent.
    The corrective action includes installing a spoiler cable 
disconnect sensing device, correcting a potential spoiler cable 
interference condition, and reworking the spoiler cable disconnect 
sensing circuit, as applicable.

Actions and Compliance

    (f) Within 24 months after the effective date of this AD unless 
already done, do the following actions.
    (1) Applicable to airplane serial numbers 124, 131, 137, and 140 
through 561: Incorporate Modsum 8Q100898 to install the spoiler 
cable disconnect sensing device. Bombardier Service Bulletin 8-27-
89, Revision `G,' dated April 12, 2007, provides approved 
instructions for incorporating Modsum 8Q100898. (See paragraph 
(f)(4) of this AD.)
    (2) Applicable to airplane serial numbers 003 through 123, 125 
through 130, 132 through 136, 138, and 139: Incorporate Modsums 
8Q100898 and 8Q101443 to install the spoiler cable disconnect 
sensing device and to correct potential spoiler cable interference 
condition. Bombardier Service Bulletin 8-27-89, Revision `G,' dated 
April 12, 2007, provides approved instructions for incorporating 
Modsums 8Q100898 and 8Q101443. (See paragraphs (f)(4) and (f)(5) of 
this AD.)

[[Page 58757]]

    (3) Applicable to airplane serial numbers 003 thorough 599: 
Incorporate Modsum 8Q101445 to rework the spoiler cable disconnect 
sensing circuit. Bombardier Service Bulletin 8-27-103, Revision `B,' 
dated January 24, 2007, provides approved instructions for 
incorporating Modsum 8Q101445. (See paragraph (f)(6) of this AD.) If 
Modsum 8Q100898 has not yet been incorporated, incorporate Modsum 
8Q101445 in conjunction with Modsum 8Q100898. Refer to paragraph 
(f)(1) or (f)(2) of this AD, as applicable.

    Note 1: The mandatory operational check requirement for the 
spoiler cable disconnect system (Modsum 8Q100898) is detailed in 
Task Number 2760/14, dated November 21, 2003, of Part 2 of the 
applicable de Havilland Dash 8 Maintenance Program Manual (MPM), 
Airworthiness Limitations (AWL). It was introduced by de Havilland 
Dash 8 Temporary Revisions AWL-88 (series 100), AWL 2-28 (series 
200), and AWL 3-95 (series 300), all dated August 5, 2004. Temporary 
Revision AWL-88 (Task Number 2760/14) has since been incorporated in 
Revision 17, dated April 19, 2005, of Part 2 of the AWLs of the MPM 
for Model DHC-8-100 series airplanes.

    (4) Installation of Modsum 8Q100898, in accordance with 
Bombardier Service Bulletin 8-27-89, dated January 31, 2002; 
Revision `A,' dated September 10, 2002; Revision `B,' dated November 
17, 2003; Revision `C,' dated March 10, 2004; Revision `D,' dated 
June 29, 2004; Revision `E,' dated January 27, 2005; or Revision 
`F,' dated March 14, 2007; also meets the requirements of paragraphs 
(f)(1) and (f)(2) of this AD.
    (5) Installation of Modsum 8Q101443, in accordance with Bombardier 
Service Bulletin 8-27-89, Revision `C,' dated March 10, 2004; Revision 
`D,' dated June 29, 2004; Revision `E,' dated January 27, 2005; or 
Revision `F,' dated March 14, 2007; also meets the requirements of 
paragraph (f)(2) of this AD for this particular Modsum.
    (6) Installation of Modsum 8Q101445, in accordance with Bombardier 
Service Bulletin 8-27-103, dated November 5, 2003; or Revision `A,' 
dated February 12, 2004; also meets the requirements of paragraph 
(f)(3) of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

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 (ACO), 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: Ezra Sasson, Aerospace 
Engineer; New York ACO, FAA, 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone (516) 228-7320; 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-2006-13, 
dated June 6, 2006; Bombardier Service Bulletin 8-27-89, Revision `G,' 
dated April 12, 2007; and Bombardier Service Bulletin 8-27-103, 
Revision `B,' dated January 24, 2007; for related information.

Material Incorporated by Reference

    (i) You must use the service information specified in Table 1 of 
this AD 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., Bombardier Regional Aircraft Division, 123 Garratt 
Boulevard, Downsview, Ontario M3K 1Y5, Canada.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, Washington; or 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


              Table 1.--Material Incorporated by Reference
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                                       Revision
          Service bulletin               level             Date
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Bombardier Service Bulletin 8-27-89.        `G'   April 12, 2007.
Bombardier Service Bulletin 8-27-103        `B'   January 24, 2007.
------------------------------------------------------------------------


    Issued in Renton, Washington, on October 9, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-20217 Filed 10-16-07; 8:45 am]

BILLING CODE 4910-13-P
