This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

45343 

Vol. 73, No. 151 

Tuesday, August 5, 2008 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0586; Directorate 

Identifier 2008–NM–043–AD; Amendment 

39–15625; AD 2008–16–07] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400, –401 and –402 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

There was one reported failure of the 

elevator centering torsion spring. 

Investigation revealed that the tangs on the 

torsion spring had been bent due to difficulty 

encountered during installation of the 

elevator centering torsion spring on the 

horizontal stabilizer torque tube. The 

bending of the tangs on the torsion spring 

would degrade its durability and could lead 

to premature failure of the elevator centering 

torsion spring. A control rod disconnect 

between the elevator aft quadrant and the 

elevator Power Control Unit input torque 

tube, in combination with the loss or 

reduction in elevator centering capability, 

could result in a significant reduction in 

aircraft pitch control. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

September 9, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 9, 2008. 

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: 

Fabio Buttitta, 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) 228–7303; 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 May 23, 2008 (73 FR 30005). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

There was one reported failure of the 

elevator centering torsion spring. 

Investigation revealed that the tangs on the 

torsion spring had been bent due to difficulty 

encountered during installation of the 

elevator centering torsion spring on the 

horizontal stabilizer torque tube. The 

bending of the tangs on the torsion spring 

would degrade its durability and could lead 

to premature failure of the elevator centering 

torsion spring. A control rod disconnect 

between the elevator aft quadrant and the 

elevator Power Control Unit input torque 

tube, in combination with the loss or 

reduction in elevator centering capability, 

could result in a significant reduction in 

aircraft pitch control. 

Corrective actions include replacing all 

elevator centering torsion springs with 

new elevator centering torsion springs. 

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 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

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 

about 42 products of U.S. registry. We 

also estimate that it will take about 7 

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 $1,746 

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 

$96,852, or $2,306 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 


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45344 Federal Register / Vol. 73, No. 151 / Tuesday, August 5, 2008 / Rules and Regulations 

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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2008–16–07 Bombardier, Inc. (Formerly de 

Havilland, Inc.): Amendment 39–15625. 

Docket No. FAA–2008–0586; Directorate 

Identifier 2008–NM–043–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 9, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier Model 

DHC–8–400, –401 and –402 airplanes, 

certificated in any category, having serial 

numbers 4001, 4003, 4004, and 4006 through 

4081. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

There was one reported failure of the 

elevator centering torsion spring. 

Investigation revealed that the tangs on the 

torsion spring had been bent due to difficulty 

encountered during installation of the 

elevator centering torsion spring on the 

horizontal stabilizer torque tube. The 

bending of the tangs on the torsion spring 

would degrade its durability and could lead 

to premature failure of the elevator centering 

torsion spring. A control rod disconnect 

between the elevator aft quadrant and the 

elevator Power Control Unit input torque 

tube, in combination with the loss or 

reduction in elevator centering capability, 

could result in a significant reduction in 

aircraft pitch control. 

Corrective actions include replacing all 

elevator centering torsion springs with new 

elevator centering torsion springs. 

Actions and Compliance 

(f) Unless already done: Prior to the 

accumulation of 22,000 total flight hours, or 

within 5,000 flight hours after the effective 

date of this AD, whichever comes later, 

replace all elevator centering torsion springs 

with new elevator centering torsion springs 

by incorporating Modsum 4–113482, in 

accordance with Bombardier Service Bulletin 

84–27–31, dated April 27, 2007. 

FAA AD Differences 

Note: 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: Fabio 

Buttitta, Aerospace Engineer, Systems and 

Flight Test Branch, ANE–172, FAA, New 

York ACO, 1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone (516) 

228–7303; 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–2008–05R1, dated February 27, 

2008, and Bombardier Service Bulletin 84–

27–31, dated April 27, 2007, for related 

information. 

Material Incorporated by Reference 

(i) You must use Bombardier Service 

Bulletin 84–27–31, dated April 27, 2007, 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/ibrlocations.html. 

Issued in Renton, Washington, on July 23, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–17612 Filed 8–4–08; 8:45 am] 

BILLING CODE 4910–13–P 


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