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[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Proposed Rules]
[Pages 45713-45715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19330]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0720; Directorate Identifier 2010-NM-252-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:

    There has been one reported incident where the main landing gear 
(MLG) failed to extend during testing of the MLG alternate release 
system. Investigation revealed that the door release lever bushing 
was worn, causing an increase in the lateral movement of the release 
cable system. An increase in free-play within the release cable 
system would cause additional wear to the door release lever bushing 
and may lead to the turnbuckle fouling against the nacelle frame. 
The bushing wear at the door release lever and turnbuckle fouling 
could cause a failure in the alternate release system, preventing 
the landing gear from extending in the case of a failure of the 
normal MLG extension/retraction system.
* * * * *
The unsafe condition is loss of control during landing. 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 September 15, 
2011.

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

[[Page 45714]]

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; e-mail 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.

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: Fabio Buttitta, 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) 228-7303; 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-2011-0720; 
Directorate Identifier 2010-NM-252-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-
2010-26, dated August 17, 2010 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    There has been one reported incident where the main landing gear 
(MLG) failed to extend during testing of the MLG alternate release 
system. Investigation revealed that the door release lever bushing 
was worn, causing an increase in the lateral movement of the release 
cable system. An increase in free-play within the release cable 
system would cause additional wear to the door release lever bushing 
and may lead to the turnbuckle fouling against the nacelle frame. 
The bushing wear at the door release lever and turnbuckle fouling 
could cause a failure in the alternate release system, preventing 
the landing gear from extending in the case of a failure of the 
normal MLG extension/retraction system.
    This directive is to mandate the incorporation of a new 
maintenance task to prevent excessive free-play of the turnbuckle 
and cable within the alternate release system.

The unsafe condition is loss of control during landing. You may obtain 
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Temporary Revision (TR) MRB-46, dated 
February 4, 2010, to Section 1-32, Systems/Powerplant Maintenance 
Program, of the Maintenance Review Board (MRB) Report Part 1, of the 
Bombardier Q400 Dash 8 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 65 products of U.S. registry. We also estimate that 
it would take about 1 work-hour 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 $5,525, or $85 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;

[[Page 45715]]

    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-2011-0720; Directorate Identifier 
2010-NM-252-AD.

Comments Due Date

    (a) We must receive comments by September 15, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Inc. Model DHC-8-400, -401, 
and -402 airplanes, certificated in any category, having serial 
numbers 4001 and subsequent.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    There has been one reported incident where the main landing gear 
(MLG) failed to extend during testing of the MLG alternate release 
system. Investigation revealed that the door release lever bushing 
was worn, causing an increase in the lateral movement of the release 
cable system. An increase in free-play within the release cable 
system would cause additional wear to the door release lever bushing 
and may lead to the turnbuckle fouling against the nacelle frame. 
The bushing wear at the door release lever and turnbuckle fouling 
could cause a failure in the alternate release system, preventing 
the landing gear from extending in the case of a failure of the 
normal MLG extension/retraction system.
* * * * *
The unsafe condition is loss of control during landing.

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) Within 30 days after the effective date of this AD, revise 
the maintenance program by incorporating Task 323400-203 specified 
in Bombardier Temporary Revision (TR) MRB-46, dated February 4, 
2010, to Section 1-32, Systems/Powerplant Maintenance Program, of 
the Maintenance Review Board (MRB) Report Part 1, of the Bombardier 
Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7. The initial 
compliance time for the actions specified in Bombardier TR MRB-46, 
dated February 4, 2010, is within 6,000 flight hours after the 
effective date of this AD. Thereafter, operate the airplane 
according to the procedures and compliance times in Bombardier TR 
MRB-46, dated February 4, 2010.

No Alternative Actions, Intervals, and/or Critical Design Configuration 
Control Limitations (CDCCLs)

    (h) After accomplishing the revision required by paragraph (g) 
of this AD, no alternative actions (e.g., inspections), intervals, 
and/or CDCCLs may be used unless the actions, intervals, and/or 
CDCCLs are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (i) 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

    (i) 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. 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 New York ACO, Send it to ATTN: Program Manager, 
Continuing Operational Safety, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 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.

Related Information

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2010-26, 
dated August 17, 2010; and Bombardier Temporary Revision MRB-46, 
dated February 4, 2010, to Section 1-32, Systems/Powerplant 
Maintenance Program, of the Maintenance Review Board Report Part 1, 
of the Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 
1-84-7; for related information.

    Issued in Renton, Washington, on July 22, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-19330 Filed 7-29-11; 8:45 am]
BILLING CODE 4910-13-P
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