[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Proposed Rules]
[Pages 12710-12713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5858]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0229; Directorate Identifier 2009-NM-115-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Model DHC-8-400
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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: Certain main landing gear components have experienced
premature failure during certification testing. Revision has been made
to the DHC-8-400 Maintenance Requirements Manual, Airworthiness
Limitation Items, to incorporate the revised safe life limits for the
main landing gear lock actuator assembly, retraction actuator assembly
rod end and piston, and the upper bearing in the main landing gear
shock strut assembly. Failure of these components could adversely
affect the structural integrity of the main landing gear. The proposed
AD would require actions that are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on this proposed AD by May 3, 2010.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; e[dash]mail
[email protected]; Internet http://www.bombardier.com.
You may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221.
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 this proposed AD, 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.
FOR FURTHER INFORMATION CONTACT: Craig Yates, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7355; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0229;
Directorate Identifier 2009-NM-115-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy
[[Page 12711]]
aspects of this proposed AD. We will consider all comments received by
the closing date and may amend this proposed AD based on those
comments.
We have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
Transport Canada Civil Aviation, which is the aviation authority
for Canada, has issued Canadian Airworthiness Directive CF-2009-17,
dated April 22, 2009 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:
Certain main landing gear components have experienced premature
failure during certification testing. Revision has been made to the
DHC-8-400 Maintenance Requirements Manual, Airworthiness Limitation
Items, to incorporate the revised safe life limits for the main
landing gear lock actuator assembly, retraction actuator assembly
rod end and piston, and the upper bearing in the main landing gear
shock strut assembly. Failure of these components could adversely
affect the structural integrity of the main landing gear.
This [Canadian] directive is issued to ensure safe operation of
the main landing gear during its service life.
The corrective actions include revising the Airworthiness
Limitations Section of the Instructions for Continued Airworthiness,
replacing the upper bearing on certain airplanes, and replacing certain
rod ends. You may obtain further information by examining the MCAI in
the AD docket.
Relevant Service Information
Bombardier has issued Temporary Revision ALI-82, dated August 15,
2008; and Temporary Revision ALI-89, dated March 27, 2009; to Part 2,
Airworthiness Limitation Items, of the Bombardier Dash 8 Q400
Maintenance Requirements Manual, PSM 1-84-7. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 62 products of U.S. registry. We also estimate that
it would take about 22 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $18,588 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
costs. 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 the proposed AD on U.S. operators to
be $1,268,396, or $20,458 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
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 proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by adding the following new AD:
Bombardier, Inc.: Docket No. FAA-2010-0229; Directorate Identifier
2009-NM-115-AD.
[[Page 12712]]
Comments Due Date
(a) We must receive comments by May 3, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc. Model DHC-8-400, -401,
and -402 airplanes, having serial numbers (S/Ns) 4001, 4003, 4004,
4006, and 4008 through 4227 inclusive, certificated in any category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (i) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued damage tolerance of the affected structure. The FAA
has provided guidance for this determination in Advisory Circular
(AC) 25.1529-1A.
Subject
(d) Air Transport Association (ATA) of America Code 32: Landing
gear.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Certain main landing gear components have experienced premature
failure during certification testing. Revision has been made to the
DHC-8-400 Maintenance Requirements Manual, Airworthiness Limitation
Items (ALI), to incorporate the revised safe life limits for the
main landing gear lock actuator assembly, retraction actuator
assembly rod end and piston, and the upper bearing in the main
landing gear shock strut assembly. Failure of these components could
adversely affect the structural integrity of the main landing gear.
This [Canadian] directive is issued to ensure safe operation of
the main landing gear during its service life.
The corrective actions include revising the Airworthiness
Limitations Section (ALS) of the Instructions for Continued
Airworthiness, replacing the upper bearing on certain airplanes, and
replacing certain rod ends.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Actions
(g) For Model DHC-8-400, -401, and -402 airplanes having S/Ns
4001, 4003, 4004, 4006, and 4008 through 4210 inclusive: Do the
actions specified in paragraphs (g)(1) and (g)(2) of this AD.
(1) Within 60 days after the effective date of this AD: Revise
the ALS of the Instructions for Continued Airworthiness by
incorporating the revised structural safe life limit for the upper
bearing having part number (P[sol]N) 46114-1, as provided in
Bombardier Temporary Revision (TR), ALI-82, dated August 15, 2008,
to Part 2, Airworthiness Limitation Items, of the Bombardier Dash 8
Q400 Maintenance Requirements Manual (MRM), PSM 1-84-7. The initial
compliance time for replacing the upper bearing is specified in
paragraph (g)(2) of this AD.
(2) Replace the upper bearing having P/N 46114-1 with a new or
serviceable upper bearing, in accordance with Goodrich Dressed Shock
Strut Assembly Main Landing Gear Part No. 46100-29/-31/-33/-35/-37/-
39/-41/-43/-45/-47/-49/-51/-53 and -55 Component Maintenance Manual
with Illustrated Parts List 32-11-03, Revision 11, dated August 22,
2008, at the applicable time specified in paragraphs (g)(2)(i),
(g)(2)(ii), and (g)(2)(iii), of this AD.
(i) For airplanes having accumulated fewer than 15,000 total
flight cycles as of the effective date of this AD: Replace prior to
the accumulation of 15,000 total flight cycles.
(ii) For airplanes having accumulated 15,000 total flight cycles
or more, but fewer than 20,000 total flight cycles, as of the
effective date of this AD: Replace prior to the accumulation of
20,000 total flight cycles.
(iii) For airplanes having accumulated 20,000 total flight
cycles or more as of the effective date of this AD: Replace before
further flight.
(h) For Model DHC-8-400, -401, and -402 series airplanes having
S/Ns 4001, 4003, 4004, 4006, and 4008 through 4227 inclusive: Do the
applicable actions specified in paragraphs (h)(1) and (h)(2) of this
AD.
(1) Within 60 days after the effective date of this AD: Revise
the ALS of the Instructions for Continued Airworthiness to
incorporate the revised safe life limits for the retraction actuator
assembly rod end having P[sol]N P3A2750 and P3A2750-1; retraction
actuator assembly piston having P/N 46570-5; lock actuator cylinder
assembly having P/N 46601-1/-3; and lock actuator assembly having P/
N 46600-1/-3/-5/-7; as provided in Bombardier TR ALI-89, dated March
27, 2009, to Part 2, Airworthiness Limitation Items, of the
Bombardier Dash 8 Q400 MRM, PSM 1-84-7. The initial compliance time
for the replacement is specified in the TR, except as provided by
paragraph (h)(2) of this AD.
(2) For airplanes with a main landing gear retraction actuator
assembly rod end that has accumulated more than 9,850 total flight
cycles as of the effective date of this AD: Within 600 flight cycles
after the effective date of this AD, replace any affected rod end
having P/Ns P3A2750 and P3A2750-1 with a new or serviceable rod end,
in accordance with Goodrich Dressed Shock Strut Assembly Main
Landing Gear Part No. 46100-29/-31/-33/-35/-37/-39/-41/-43/-45/-47/-
49/-51/-53 and -55 Component Maintenance Manual with Illustrated
Parts List 32-11-03, Revision 11, dated August 22, 2008.
(i) After accomplishing the revision specified in paragraph
(g)(1) or (h)(1) of this AD, except as provided in paragraph (j) of
this AD, no alternative replacement times may be approved for this
part.
Note 2: The ALI revisions required by paragraphs (g) and (h) of
this AD may be done by inserting a copy of Bombardier TRs ALI-82 and
ALI-89 into Part 2, Airworthiness Limitation Items, of the
Bombardier Dash 8 Q400 MRM, PSM 1-84-7. When these TRs have been
included in the general revision of the MRM, the general revision
may be inserted into the MRM, provided the relevant information in
the general revision is identical to that in Bombardier TRs ALI-82
and ALI-89.
FAA AD Differences
Note 3: This AD differs from the MCAI and/or service information
as follows: The MCAI and service information do not contain
replacement procedures for the upper bearings and rod ends. This AD
requires replacing the upper bearings and rod ends in accordance
with Goodrich Dressed Shock Strut Assembly Main Landing Gear Part
No. 46100-29/-31/-33/-35/-37/-39/-41/-43/ -45/-47/-49/-51/-53 and -
55 Component Maintenance Manual with Illustrated Parts List 32-11-
03, Revision 11, dated August 22, 2008.
Other FAA AD Provisions
(j) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York 11590; telephone 516-
228-7300; fax 516-794-5531. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
(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 (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
(4) Special Flight Permits: Special flight permits, as described
in Section 21.197 and Section 21.199 of the Federal Aviation
Regulations (14 CFR 21.197 and 21.199), are allowed, provided that
the actions required in paragraph (h) of this AD have been
accomplished.
Related Information
(k) Refer to MCAI Canadian Airworthiness Directive CF-2009-17,
dated April 22, 2009;
[[Page 12713]]
Bombardier TR ALI-82, dated August 15, 2008, and Bombardier TR ALI-
89, dated March 27, 2009, to Part 2, Airworthiness Limitation Items,
of the Bombardier Dash 8 Q400 Maintenance Requirements Manual, PSM
1-84-7; and Goodrich Dressed Shock Strut Assembly Main Landing Gear
Part No. 46100-29/-31/-33/-35/-37/-39/-41/-43/-45/-47/-49/-51/-53
and -55 Component Maintenance Manual with Illustrated Parts List 32-
11-03, Revision 11, dated August 22, 2008; for related information.
Issued in Renton, Washington, on March 9, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5858 Filed 3-16-10; 8:45 am]
BILLING CODE 4910-13-P