[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Rules and Regulations]
[Pages 56856-56859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8226]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24867; Directorate Identifier 2006-NM-064-AD; 
Amendment 39-14773; AD 2006-20-04]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, -103, and -
106 Airplanes, and Model DHC-8-200 and DHC-8-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier Model DHC-8-102, -103, and -106 airplanes, and Model 
DHC-8-200 and DHC-8-300 series airplanes. This AD requires performing a 
one-time general visual inspection for non-conforming chain links of 
chain assemblies of the elevator trim system and gust lock system, and 
corrective actions if necessary. This AD also requires temporary 
revisions to the airplane flight manuals of the affected airplanes, 
which describe procedures for elevator trim checks. This AD results 
from reports of several failures of the elevator trim chain, due to 
hydrogen embrittlement. We are issuing this AD to prevent breakage of 
the elevator trim chain, which would prevent the actual position of the 
elevator trim tab from being annunciated to the flightcrew. Attempting 
to adjust the trim tab from the full nose up or full nose down position 
with a broken trim chain could result in misleading information 
relative to takeoff trim settings and consequent loss of control on 
takeoff.

DATES: This AD becomes effective November 2, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of November 2, 
2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 
123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for service 
information identified in this AD.

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:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Bombardier 
Model DHC-8-102, -103, and -106 airplanes, and Model DHC-8-200 and DHC-
8-300 series airplanes. That NPRM was published in the Federal Register 
on May 25, 2006 (71 FR 30070). That NPRM proposed to require performing 
a one-time inspection for non-conforming chain links of chain 
assemblies of the elevator trim system and gust lock system, and 
corrective actions if necessary. That NPRM also proposed to require 
temporary revisions to the airplane flight manuals of the affected 
airplanes, which describe procedures for elevator trim checks.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the single comment received.

Request To Revise Costs of Compliance

    One commenter, Horizon Air, requests that we adjust the costs of 
compliance in the NPRM. Horizon Air asserts that, rather than the 5 
work hours specified in the NPRM to accomplish the inspection on each 
airplane, the figure specified by Bombardier of 15 work hours to

[[Page 56857]]

accomplish the inspection is far more relevant. Further, Horizon Air 
states that all chain link assemblies will likely need to be replaced 
on its airplanes and asserts that, according to Bombardier, an 
additional 32 work hours per airplane would be needed to replace the 
assemblies. Horizon Air believes the costs of compliance will far 
exceed the estimated figure of $400 per airplane specified in the NPRM.
    We do not agree. The economic analysis of an AD is limited to the 
cost of actions that are actually required. The economic analysis does 
not consider the costs of on-condition actions, such as repairing a 
crack detected during a required inspection (``repair, if necessary''). 
Such on-condition repairs would be required--regardless of AD 
direction--to correct an unsafe condition identified in an airplane and 
to ensure that the airplane is operated in an airworthy condition, as 
required by the Federal Aviation Regulations. We have not changed the 
AD in this regard.

Clarification of Type of Inspection

    We specified a ``general visual inspection'' in the NPRM to 
eliminate any confusion about the proper type of inspection; however, 
we neglected to include a definition of this type of inspection in the 
NPRM. Therefore, we added Note 2 to the AD to define a general visual 
inspection.

Clarification of End-Level Effect

    We have determined that the description in the NPRM of the end-
level effect of the unsafe condition is not entirely accurate. 
Therefore, we have revised the AD to more clearly describe the probable 
end-level effect of the unsafe condition on the airplane.

Conclusion

    We have carefully 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 have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 166 airplanes of U.S. registry. The required 
inspection will take about 5 work hours per airplane, at an average 
labor rate of $80 per work hour. Based on these figures, the estimated 
cost of the required inspection for U.S. operators is $66,400, or $400 
per airplane.

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 have 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 that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-20-04 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-14773. Docket No. FAA-2006-24867; Directorate Identifier 2006-NM-
064-AD.

Effective Date

    (a) This AD becomes effective November 2, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-102, -103, and -
106 airplanes, and Model DHC-8-200 and DHC-8-300 series airplanes, 
certificated in any category; as identified in Bombardier Service 
Bulletin 8-27-105, Revision A, dated September 13, 2005.

Unsafe Condition

    (d) This AD results from reports of several failures of the 
elevator trim chain, due to hydrogen embrittlement. We are issuing 
this AD to prevent breakage of the elevator trim chain, which would 
prevent the actual position of the elevator trim tab from being 
annunciated to the flightcrew. Attempting to adjust the trim tab 
from the full nose up or full nose down position with a broken trim 
chain could result in misleading information relative to takeoff 
trim settings and consequent loss of control on takeoff.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Temporary Amendments (TAs)

    (f) Within 30 days after the effective date of this AD, revise 
the applicable airplane flight manual (AFM) of the affected 
airplanes by incorporating the information in the applicable TAs 
into the AFMs listed in Table 1 of this AD. This may be accomplished 
by inserting a copy of the applicable TA into the AFM. The copy of 
the TA may be removed from the AFM when a new revision of the AFM is 
released that incorporates material identical to the content of the 
TA.

[[Page 56858]]



                                           Table 1.--de Havilland TAs
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                                           Use de
         For airplane model--           Havilland TA                Dated--                To the de Havilland
                                            No.--                                             Dash 8 Model--
----------------------------------------------------------------------------------------------------------------
102..................................               9  January 28, 2004................  102 Flight Manual PSM 1-
                                                                                          81-1A.
102NS................................               8  January 28, 2004................  102 NS Flight Manual
                                                                                          PSM 1-81-1A.
103..................................               9  January 28, 2004................  103 Flight Manual PSM 1-
                                                                                          81-1A.
103NS................................               8  January 28, 2004................  103 NS Flight Manual
                                                                                          PSM 1-81-1A.
106..................................               9  January 28, 2004................  106 Flight Manual PSM 1-
                                                                                          81-1A.
106NS................................               8  January 28, 2004................  106 NS Flight Manual
                                                                                          PSM 1-81-1A.
201..................................              11  June 22, 2005...................  201 Flight Manual PSM 1-
                                                                                          82-1A.
201S.................................               9  June 22, 2005...................  201 S Flight Manual PSM
                                                                                          1-82-1A.
202..................................              10  January 28, 2004................  202 Flight Manual PSM 1-
                                                                                          82-1A.
202HT................................               8  January 28, 2004................  202 HT Flight Manual
                                                                                          PSM 1-82-1A.
202S.................................               9  June 22, 2005...................  202 S Flight Manual PSM
                                                                                          1-82-1A.
301..................................               8  January 28, 2004................  301 Flight Manual PSM 1-
                                                                                          83-1A.
311..................................              15  January 28, 2004................  311 Flight Manual PSM 1-
                                                                                          83-1A.
315..................................               9  January 28, 2004................  315 Flight Manual PSM 1-
                                                                                          83-1A.
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    Note 1: The suffixes ``NS,'' ``S,'' and ``HT,'' do not indicate 
separate airplane models; for example, a Model 102NS airplane is a 
Model 102 airplane.

Inspection and Corrective Actions

    (g) Within 6,000 flight hours or 36 months after the effective 
date of this AD, whichever occurs first, perform a one-time general 
visual inspection for non-conforming chain links of the trim chain/
chain assemblies of the elevator trim system and gust lock system 
and, before further flight, do the applicable corrective actions, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 8-27-105, Revision A, dated September 13, 2005. 
After accomplishing the requirements of this paragraph, operators 
may remove the AFM revisions required by paragraph (f) of this AD 
from the AFM.

    Note 2: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Parts Installation

    (h) As of the effective date of this AD, no person may install 
an elevator trim chain/chain assembly on any airplane, unless the 
chain links of that trim chain/chain assembly are identified with 
the number RC-25.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, New York Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (j) Canadian airworthiness directive CF-2005-38, dated October 
25, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use Bombardier Service Bulletin 8-27-105, Revision 
A, dated September 13, 2005, and the temporary amendments specified 
in Table 2 of this AD, as applicable, to perform the actions that 
are required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference of these documents in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Contact Bombardier, Inc., Bombardier Regional 
Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 
1Y5, Canada, for a copy of this service information. You may review 
copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

                            Table 2.--Temporary Amendments Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
de Havilland temporary amendment--
                                          Dated--                   To the de Havilland Dash 8 Model--
----------------------------------------------------------------------------------------------------------------
8................................  January 28, 2004....  102 NS Flight Manual PSM 1-81-1A.
8................................  January 28, 2004....  103 NS Flight Manual PSM 1-81-1A.
8................................  January 28, 2004....  106 NS Flight Manual PSM 1-81-1A.
8................................  January 28, 2004....  202 HT Flight Manual PSM 1-82-1A.
8................................  January 28, 2004....  301 Flight Manual PSM 1-83-1A.
9................................  January 28, 2004....  102 Flight Manual PSM 1-81-1A.
9................................  January 28, 2004....  103 Flight Manual PSM 1-81-1A.
9................................  January 28, 2004....  106 Flight Manual PSM 1-81-1A.
9................................  June 22, 2005.......  201 S Flight Manual PSM 1-82-1A.
9................................  June 22, 2005.......  202 S Flight Manual PSM 1-82-1A.
9................................  January 28, 2004....  315 Flight Manual PSM 1-83-1A.
10...............................  January 28, 2004....  202 Flight Manual PSM 1-82-1A.
11...............................  June 22, 2005.......  201 Flight Manual PSM 1-82-1A.
15...............................  January 28, 2004....  311 Flight Manual PSM 1-83-1A.
----------------------------------------------------------------------------------------------------------------



[[Page 56859]]

    Issued in Renton, Washington, on September 14, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-8226 Filed 9-27-06; 8:45 am]
BILLING CODE 4910-13-P