Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules 45783 

A340–541 and –642 airplanes; all serial 

numbers; certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

‘‘During a scheduled maintenance 

inspection on the MLG [main landing gear], 

the bogie stop pad was found deformed and 

cracked. Upon removal of the bogie stop pad 

for replacement, the bogie beam was also 

found cracked. 

‘‘Laboratory investigation indicates that an 

overload event has occurred and no fatigue 

propagation of the crack was evident. An 

investigation is still underway to establish 

the root cause of this overload. 

‘‘A second bogie beam crack has 

subsequently been found on another aircraft, 

located under a bogie stop pad which only 

had superficial paint damage. 

‘‘This condition, if not detected and 

corrected, could result in the aircraft 

departing the runway or to the bogie 

detaching from the aircraft or gear collapses, 

which would all constitute unsafe conditions 

at speeds above 30 knots. 

‘‘As a precautionary measure, this AD 

requires detailed inspections under the bogie 

stop pad of both MLG bogie beams and, in 

case deformation or damage is detected, to 

apply the associated repair.’’ 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) At the applicable compliance time 

specified in paragraph (f)(1)(i), (f)(1)(ii), 

(f)(1)(iii), (f)(1)(iv), (f)(1)(v), or (f)(1)(vi) of this 

AD, perform one-time detailed inspections of 

both main landing gear bogie beams in the 

region of the bogie stop pad for detection of 

deformation and damage, and apply the 

applicable corrective actions, in accordance 

with instructions defined in the Airbus 

mandatory service bulletins listed in Table 1 

of this AD, as applicable. Do all applicable 

corrective actions before further flight. 

(i) Airplanes with 22 months or less and 

2,500 flight cycles or less from the first flight 

with the original bogie beam as of the 

effective date of this AD: Not earlier than 

2,500 flight cycles or 22 months on the 

original bogie beam, whichever occurs first, 

but not later than 40 months from first flight. 

(ii) Airplanes with 22 months or less and 

2,500 flight cycles or less on a new bogie 

beam installed in service as of the effective 

date of this AD: Not earlier than 2,500 flight 

cycles or 22 months on the new bogie beam, 

whichever occurs first, but no later than 40 

months from the installation of a new bogie 

beam in service. 

(iii) Airplanes with 22 months or less and 

2,500 flight cycles or less on an overhauled 

bogie beam as of the effective date of this AD: 

Not earlier than 2,500 flight cycles or 22 

months on the overhauled bogie beam, 

whichever occurs first, but no later than 40 

months from the last overhaul. 

(iv) Airplanes with more than 22 months 

or more than 2,500 flight cycles from the first 

flight with the original bogie beam, as of the 

effective date of this AD: Within 18 months 

after the effective date of this AD. 

(v) Airplanes with more than 22 months or 

more than 2,500 flight cycles on a new bogie 

beam installed in service, as of the effective 

date of this AD: Within 18 months after the 

effective date of this AD. 

(vi) Airplanes with more than 22 months 

or more than 2,500 flight cycles on an 

overhauled bogie beam, as of the effective 

date of this AD: Within 18 months after the 

effective date of this AD. 

TABLE 1—SERVICE BULLETINS

For model— Use Airbus Mandatory Service 

Bulletin— Dated— 

A330–201, –202, –203, –223, –243, –301, –302, –303, –321, 

–322, –323, –341, –342, –343 series airplanes.

A330–32–3220 ........................... October 10, 2008. 

A340–211, –212, –213, –311, –312, –313 series airplanes ........... A340–32–4264 ........................... October 10, 2008. 

A340–541, –642 airplanes ............................................................... A340–32–5087 ........................... October 10, 2008. 

(2) Report the results, including no 

findings of the inspection required by 

paragraph (f)(1) of this AD, to Airbus, 

Customer Services Directorate, 

1 Rond Point Maurice Bellonte, 31707 

Blagnac Cedex France; Attn: SEDCC1 

Technical Data and Documentation Services; 

Fax (+33) 5 61 93 28 06; e-mail 

sb.reporting@airbus.com; at the applicable 

time specified in paragraph (f)(2)(i) or 

(f)(2)(ii) of this AD. 

(i) If the inspection is done on or after the 

effective date of this AD: Submit the report 

within 30 days after the inspection. 

(ii) If the inspection was accomplished 

prior to the effective date of this AD: Submit 

the report within 30 days after the effective 

date of this AD. 

FAA AD Differences 

Note 1: 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, International 

Branch, 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: Vladimir Ulyanov, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1138; fax (425) 227–1149. 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, 

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 EASA Airworthiness 

Directive 2008–0223, dated December 15, 

2008, and the Airbus mandatory service 

bulletins listed in Table 1 of this AD, for 

related information. 

Issued in Renton, Washington, on August 

26, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–21317 Filed 9–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0784; Directorate 

Identifier 2009–NM–109–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 


pwalker on DSK8KYBLC1PROD with PROPOSALS
45784 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules 

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: 

Several operators have reported cases of 

inadvertent single spoiler deployment during 

flight on the DHC–8 Series 400 aircraft. 

Investigation has revealed that the probable 

cause for this deployment is internal 

contamination of the Lift/Dump (L/D) valve 

and moisture ingress into the L/D valve 

armature. 

This condition, if not corrected, could 

cause uncommanded deployment of the 

spoilers resulting in increased drag and in 

combination with a loss of aileron, could 

result in a significant reduction in aircraft 

roll control. 

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 October 5, 2009. 

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 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; 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, 

Washington. For information on the 

availability of this material at the FAA, 

call 425–227–1221 or 425–227–1152. 

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: 

Cesar Gomez, 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– 

7318; 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–2009–0784; Directorate Identifier 

2009–NM–109–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–2009–26, 

dated May 21, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

Several operators have reported cases of 

inadvertent single spoiler deployment during 

flight on the DHC–8 Series 400 aircraft. 

Investigation has revealed that the probable 

cause for this deployment is internal 

contamination of the Lift/Dump (L/D) valve 

and moisture ingress into the L/D valve 

armature. 

This condition, if not corrected, could 

cause uncommanded deployment of the 

spoilers resulting in increased drag and in 

combination with a loss of aileron, could 

result in a significant reduction in aircraft 

roll control. 

Corrective actions include upgrading, 

testing, and re-identifying the spoiler lift 

dump valves after replacing the pressure 

port inlet fitting. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Bombardier has issued Service 

Bulletin 84–27–43, dated January 29, 

2009. 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 61 products of U.S. registry. 

We also estimate that it would take 

about 6 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $0 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 $29,280, or $480 per 

product. 


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Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules 45785 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Bombardier, Inc. (Formerly de Havilland, 

Inc.): Docket No. FAA–2009–0784; 

Directorate Identifier 2009–NM–109–AD. 

Comments Due Date 

(a) We must receive comments by October 

5, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier Model 

DHC–8–400, DHC–8–401, and DHC–8–402 

series airplanes, certificated in any category, 

serial numbers 4001 through 4237 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 24: Electrical power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Several operators have reported cases of 

inadvertent single spoiler deployment during 

flight on the DHC–8 Series 400 aircraft. 

Investigation has revealed that the probable 

cause for this deployment is internal 

contamination of the Lift/Dump (L/D) valve 

and moisture ingress into the L/D valve 

armature. 

This condition, if not corrected, could 

cause uncommanded deployment of the 

spoilers resulting in increased drag and in 

combination with a loss of aileron, could 

result in a significant reduction in aircraft 

roll control. 

Corrective actions include upgrading, 

testing, and re-identifying the spoiler lift 

dump valves after replacing the pressure port 

inlet fitting. 

Actions and Compliance 

(f) Unless already done, within 5,000 flight 

hours after the effective date of this AD, 

incorporate Bombardier Modsum 4–113554 

to add a filter/restrictor fitting to the spoiler 

lift dump valve, in accordance with 

Bombardier Service Bulletin 84–27–43, dated 

January 29, 2009. 

FAA AD Differences 

Note 1: 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: Cesar 

Gomez, Aerospace Engineer, Airframe and 

Mechanical Systems Branch, ANE–171, FAA, 

New York ACO, 1600 Stewart Avenue, Suite 

410, Westbury, New York 11590; telephone 

(516) 228–7318; 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, 

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–2009–26, dated May 21, 2009; 

and Bombardier Service Bulletin 84–27–43, 

dated January 29, 2009; for related 

information. 

Issued in Renton, Washington, on August 

26, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–21337 Filed 9–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0783; Directorate 

Identifier 2009–NM–081–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model MD–90–30 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

McDonnell Douglas Model MD–90–30 

airplanes. This proposed AD would 

require repetitive inspections for 

cracking of the overwing frames at 

stations 883, 902, 924, 943, and 962, left 

and right sides, and corrective actions if 

necessary. This proposed AD results 

from reports of cracked overwing 

frames. We are proposing this AD to 

detect and correct such cracking, which 

could sever the frame, increase the 

loading of adjacent frames, and result in 


pwalker on DSK8KYBLC1PROD with PROPOSALS