[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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