AD 95-26-17

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of February 27, 1996. -

Comments for inclusion in the Rules Docket must be received on or before April 12, 1996.

Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-103, Attention: Rules Docket No. 95-NM-261-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. -

The service information referenced in this AD may be obtained from Bombardier, Inc., Bombardier Regional Aircraft Division, Garratt Boulevard, Downsview, Ontario, Canada M3K 1Y5. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, New York Aircraft Certification Office, Engine and Propeller Directorate, 10 Fifth Street, Third Floor, Valley Stream, New York; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Franco Pieri, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, Engine and Propeller Directorate, 10 Fifth Street, Third Floor, Valley Stream, New York 11581; telephone (516) 256-7526; fax (516) 568-2716.

Transport Canada Aviation, which is the airworthiness authority for Canada, recently notified the FAA that an unsafe condition may exist on certain de Havilland Model DHC-8-301, -311, and -315 series airplanes. Transport Canada Aviation advises that incorrect rivets were installed during manufacture of the outboard flap assemblies of these airplanes. Investigation revealed that AD rivets were installed on the outboard flaps instead of DD rivets. AD rivets are made of a material that is not as strong as that of DD rivets. This condition, if not corrected, could result in structural failure of the outboard flaps of the wings, and subsequent reduced controllability of the airplane. -

The manufacturer has issued de Havilland Service Bulletin S.B. 8-57-24, Revision `A', dated September 26, 1995, which describes procedures for modification (8/2498) of the airspeed limitations placard to specify a lower airspeed at 35 degrees flaps. -

The service bulletin also describes procedures for modification (8/ 2066) of the outboard flaps, which entails drilling out the AD rivets and installing new DD rivets on Model DHC-8-311 and -315 series airplanes. Following accomplishment of this modification, the service bulletin specifies removal of the airspeed limitations placard (Modification 8/2498). A corrective modification has not yet been developed for Model DHC-8-301 series airplanes. -

Transport Canada Aviation classified this service bulletin as mandatory and issued Canadian airworthiness directive CF-95-05R1, dated October 19, 1995, in order to assure the continued airworthiness of these airplanes in Canada. In addition, the Canadian airworthiness directive requires a revision to the Airplane Flight Manual (AFM), which specifies operating at a lower airspeed at full flaps. The Canadian airworthiness directive references DHC-8 Model 301 Flight Manual, PSM 1-83-1A, Flight Manual Revision 57, dated September 26, 1995, for accomplishment of the AFM revision for Model DHC-8-301 series airplanes. -

These airplane models are manufactured in Canada and are 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, Transport Canada Aviation has kept the FAA informed of the situation described above. The FAA has examined the findings of Transport Canada Aviation, 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. -

Since an unsafe condition has been identified that is likely to exist or develop on other airplanes of the same type design registered in the United States, this AD is being issued to prevent structural failure of the outboard flaps of the wings and subsequent reduced controllability of the airplane. This AD requires modification of the airspeed limitations placard to indicate that the airplane must be flown at reduced airspeed when flying at 35 degrees flaps. This action is required to be accomplished in accordance with the service bulletin described previously. -

Additionally, this AD requires a revision to the AFM for all airplanes to include information relative to reducing airspeed at 35 degrees flaps. (The revision for Model DHC-8-301 series airplanes is described in DHC-8 Model 301 Flight Manual, PSM 1-83-1A, Flight Manual Revision 57, dated September 26, 1995.) -

For Model DHC-8-311 and -315 series airplanes, this AD also provides for termination of the requirements of the AD by modifying the outboard flaps (installation of Modification 8/2066). -

This is considered to be interim action. The FAA is currently considering requiring the accomplishment of Modification 8/2066 on the applicable airplanes, which will constitute terminating action for the requirements of this AD action. However, the planned compliance time for accomplishment of this modification is sufficiently long so that prior notice and time for public comment will be practicable. -

Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days.

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 95-NM-261-AD.'' The postcard will be date stamped and returned to the commenter. -

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.

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

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:

1. The authority citation for part 39 continues to read as follows:

Authority: 49 USC 106(g), 40101, 40113, 44701.