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[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Proposed Rules]
[Pages 21079-21082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08205]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0297; Directorate Identifier 2012-NM-205-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. 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 
certain Bombardier, Inc. Model DHC-8-102, -103, and -106 airplanes. 
This proposed AD was prompted by a report of cracking in a lower 
longeron in a nacelle. This proposed AD would require repetitive 
inspections for cracking of the lower longerons in the nacelles and 
replacement with new longerons or repair if necessary. Additionally, 
this proposed AD specifies an optional terminating action. We are 
proposing this AD to detect and correct such cracking, which could 
result in degradation of the structural integrity of the nacelle and 
possible collapse of the main landing gear (MLG).

DATES: We must receive comments on this proposed AD by May 24, 2013.

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.

[[Page 21080]]

     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 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., Q-Series Technical Help Desk, 123 Garratt Boulevard, 
Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-
4539; email thd.qseries@aero.bombardier.com; 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, WA. 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: Jeffrey Zimmer, 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) 228-7306; 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-2013-0297; 
Directorate Identifier 2012-NM-205-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy 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 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 (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-27, dated November 2, 2012 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

There has been one in-service report where a nacelle lower longeron 
was found to be cracked during a routine maintenance inspection. The 
investigation determined that the crack initiated from the right-
hand side (RHS) drain hole. Fatigue testing has indicated that both 
the RHS and left-hand side (LHS) longerons are vulnerable to fatigue 
cracking. Failure of the nacelle lower longeron would result in a 
degradation of the structural integrity of the nacelle and could 
potentially lead to collapse of the main landing gear (MLG).

This [Canadian] AD mandates initial and repeat inspections [for 
cracking] of the RHS and LHS nacelle lower longerons until the 
terminating action is accomplished.

The initial inspection may be either a detailed inspection or a bolt-
hole eddy current (BHEC) inspection. The repetitive inspection is a 
BHEC inspection. The corrective action is replacement of the longeron 
with a new longeron or repair. The optional terminating action is 
replacement of the nacelle lower longerons, and cold working of the 
drain holes. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    Bombardier, Inc., has issued Service Bulletin 8-54-39, Revision A, 
dated August 2, 2012. 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

    Although the MCAI and Bombardier Service Bulletin 8-54-39, Revision 
A, dated August 2, 2012, specify to contact the manufacturer for 
instructions to repair certain conditions, this proposed AD would 
require repairing those conditions using a method approved by either 
the Manager, New York Aircraft Certification Office (ACO), ANE-170, 
Transport Airplane Directorate, FAA; or TCCA (or its delegated agent).

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 51 products of U.S. registry. We also estimate that 
it would take about 21 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $37,485, or $1,785 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 100 work-hours and require parts costing $23,849, for a cost 
of $32,349 per product. We have no way of determining the number of 
products that may need these actions.

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

[[Page 21081]]

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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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

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 FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2013-0297; Directorate Identifier 
2012-NM-205-AD.

(a) Comments Due Date

    We must receive comments by May 24, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-102, -103 
airplanes, and airplanes converted to Model DHC-8-106 in accordance 
with Bombardier Service Bulletin 8-92-07 or Bombardier Service 
Bulletin 8-92-08, serial numbers 003 through 287 inclusive, with 
pre-modification 8/1593 nacelle lower longeron installed, 
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.

(e) Reason

    This AD was prompted by a report of cracking in a lower longeron 
in a nacelle. We are issuing this AD to detect and prevent such 
cracking, which could result in degradation of the structural 
integrity of the nacelle and possible collapse of the main landing 
gear (MLG).

(f) Compliance

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

(g) Initial Inspection

    At the applicable time specified in paragraph (g)(1), (g)(2), 
(g)(3) or (g)(4) of this AD: Do a detailed visual inspection or a 
bolt-hole eddy current (BHEC) test for cracking of each nacelle 
lower longeron, in accordance with the Accomplishment Instructions 
of Bombardier Service Bulletin 8-54-39, Revision A, dated August 2, 
2012.
    (1) For Model DHC-8-102 and -103 airplanes that have accumulated 
35,000 total flight cycles or less as of the effective date of this 
AD: Within 5,000 flight cycles after the effective date of this AD, 
but not to exceed 36,000 total flight cycles.
    (2) For Model DHC-8-102 and -103 airplanes that have accumulated 
more than 35,000 total flight cycles as of the effective date of 
this AD: Within 1,000 flight cycles after the effective date of this 
AD.
    (3) For Model DHC-8-106 airplanes with the Pre-Modification 8/
1641 configuration, within 500 flight cycles after the effective 
date of this AD.
    (4) For Model DHC-8-106 airplanes with the Post-Modification 8/
1641 configuration, within 5,000 flight cycles after the effective 
date of this AD.

(h) Repetitive BHEC Testing

    After accomplishment of the actions required by paragraph (g) of 
this AD, at the applicable time specified in paragraph (h)(1) or 
(h)(2) of this AD: Do repetitive BHEC testing for cracking of each 
nacelle lower longeron, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 8-54-39, Revision A, 
dated August 2, 2012, until the terminating action specified in 
paragraph (j) of this AD is done.
    (1) For Model DHC-8-102 and 103 airplanes, at intervals not to 
exceed 2,500 flight cycles.
    (2) For Model DHC-8-106 airplanes, at intervals not to exceed 
1,854 flight cycles.

(i) Replacement or Repair of Crack Longeron

    If any cracking is found during any inspection required by 
paragraph (g) or (h) of this AD: Before further flight, replace any 
cracked nacelle lower longeron with a new longeron, in accordance 
with the Accomplishment Instructions of Bombardier Service Bulletin 
8-54-39, Revision A, dated August 2, 2012; or repair the longeron 
using a method approved by either the Manager, New York ACO, ANE-
170, FAA; or Transport Canada Civil Aviation (TCCA) (or its 
delegated agent).

(j) Optional Terminating Action

    Accomplishment of the actions specified in paragraphs (j)(1) and 
(j)(2) of this AD constitutes terminating action for the repetitive 
BHEC testing specified in paragraph (h) of this AD for that longeron 
only.
    (1) Replacement of the nacelle lower longeron, in accordance 
with the Accomplishment Instructions of Bombardier Service Bulletin 
8-54-39, Revision A, dated August 2, 2012.
    (2) Cold working of the drain holes, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 8-54-39, 
Revision A, dated August 2, 2012.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(h) of this AD, if those actions were performed before the effective 
date of this AD using Bombardier Service Bulletin 8-54-39, dated 
March 14, 2012, which is not incorporated by reference in this AD.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO, ANE-170, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. In 
accordance with 14 CFR 39.19, send your request to your principal 
inspector or local Flight Standards District Office, as appropriate. 
If sending information directly to the manager of the ACO, send it 
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, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding 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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2012-27, dated November 
2, 2012; and Bombardier Service Bulletin 8-54-39, Revision A, dated 
August 2, 2012; for related information.
    (2) For service information identified in this AD, contact 
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt 
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; 
fax 416-375-4539; email thd.qseries@aero.bombardier.com; 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, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

[[Page 21082]]

    Issued in Renton, Washington, on March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08205 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-13-P
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