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
45786 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules 

damage to adjacent structure and loss of 

overall structural integrity of the 

airplane. 

DATES: We must receive comments on 

this proposed AD by October 19, 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 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, 3855 

Lakewood Boulevard, MC D800–0019, 

Long Beach, California 90846–0001; 

telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet 

https://www.myboeingfleet.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 Management Facility 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 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: 

Roger Durbin, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 

627–5233; fax (562) 627–5210. 

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–2009–0783; Directorate Identifier 

2009–NM–081–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 because of 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 

We have received reports of cracked 

overwing frames at stations 845, 864, 

886, and 905 on the left and right sides 

in the upper radius of the frame tab on 

McDonnell Douglas Model MD–80 

series airplanes that had accumulated 

between 19,876 and 41,166 total flight 

cycles. The cracks, which originate in 

the upper radius of the frame inboard 

tab just below the floor, were caused by 

fatigue. This condition, if not corrected, 

could result in damage to adjacent 

structure and loss of overall structural 

integrity of the airplane. 

The cracked overwing frames on 

McDonnell Douglas Model MD–80 

series airplanes have the same design as 

those installed on Model MD–90–30 

airplanes. Therefore, Model MD–90–30 

airplanes may be subject to the 

identified unsafe condition. AD 2008– 

13–29, Amendment 39–15592 (73 FR 

38883, July 8, 2008), addresses cracked 

overwing frames on McDonnell Douglas 

Model MD–80 series airplanes. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin MD90–53A031, dated 

April 10, 2009. The service bulletin 

describes procedures for performing 

repetitive general visual and high 

frequency eddy current inspections to 

detect cracking of the overwing frames 

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

left and right sides. Corrective actions 

include a blend-out repair or 

replacement of the cracked overwing 

frame, depending on the results of the 

inspection. The service bulletin 

specifies to repeat the inspections at 

intervals not to exceed 5,900 flight 

cycles, except that for airplanes on 

which a replacement is done, the 

service bulletin specifies that the next 

inspection be done within 20,000 flight 

cycles after the replacement. 

FAA’s Determination and Requirements 

of This Proposed AD 

We are proposing this AD because we 

evaluated all relevant information and 

determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. This proposed AD would 

require accomplishing the actions 

specified in the service information 

described previously. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 16 airplanes of U.S. 

registry. We also estimate that it would 

take about 10 work-hours per product to 

comply with this proposed AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 

cost of this proposed AD to the U.S. 

operators to be $12,800, or $800 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, 


pwalker on DSK8KYBLC1PROD with PROPOSALS
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules 45787 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance 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: 

McDonnell Douglas: Docket No. FAA–2009– 

0783; Directorate Identifier 2009–NM– 

081–AD. 

Comments Due Date 

(a) We must receive comments by October 

19, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all McDonnell 

Douglas Model MD–90–30 airplanes, 

certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Unsafe Condition 

(e) This AD results from reports of cracked 

overwing frames. We are issuing this AD to 

detect and correct such cracking, which 

could sever the frame, increase the loading of 

adjacent frames, and result in damage to 

adjacent structure and loss of overall 

structural integrity of the airplane. 

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. 

Inspections 

(g) Before the accumulation of 20,000 total 

flight cycles, or within 60 months after the 

effective date of this AD, whichever occurs 

later: Do general visual and high frequency 

eddy current inspections for cracking of the 

overwing frames, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD90–53A031, dated April 

10, 2009. Do the applicable corrective actions 

before further flight, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin MD90–53A031, dated April 

10, 2009. Repeat the inspections thereafter at 

the applicable time specified in paragraph 

1.E., ‘‘Compliance,’’ of Boeing Alert Service 

Bulletin MD90–53A031, dated April 10, 

2009. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Los Angeles 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: Roger 

Durbin, Aerospace Engineer, Airframe 

Branch, ANM–120L, FAA, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 90712– 

4137; telephone (562) 627–5233; fax (562) 

627–5210. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. 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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and the 

approval must specifically refer to this AD. 

Issued in Renton, Washington, on August 

26, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–21338 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–2009–0785; Directorate 

Identifier 2009–NM–125–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 

products listed above that would 

supersede an existing AD. 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: 

There has been one case reported of failure 

of a shaft (tailstock) on an elevator Power 

Control Unit (PCU), Part Number (P/N) 

390600–1007. Continued actuation of the 

affected PCU caused damage to the 

surrounding structure. * * * 

Each elevator surface has three PCUs, 

powered by separate independent hydraulic 

systems, and a single elevator PCU shaft 

failure may remain dormant. Such a dormant 

loss of redundancy, coupled with the 

potential for a failed shaft to produce 

collateral damage, including damage to 

hydraulic lines, could possibly affect the 

controllability of the aircraft. 

* * * * * 

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 


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