Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Proposed Rules 65635 

Signed in Washington, DC, on September 

19, 2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2023–20628 Filed 9–22–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1885; Project 

Identifier MCAI–2022–01484–T] 

RIN 2120–AA64 

Airworthiness Directives; De Havilland 

Aircraft of Canada Limited (Type 

Certificate Previously Held by 

Bombardier, Inc.) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain De Havilland Aircraft of Canada 

Limited Model DHC–8–401 and –402 

airplanes. This proposed AD was 

prompted by reports of moisture in the 

wing-to-fuselage joint, between the 

mating front spar and rear spar frame 

segments. This proposed AD would 

require a visual inspection of the 

fuselage front and rear spar frames, an 

ultrasonic test if applicable, other 

specified actions, and repair if 

necessary. The FAA is proposing this 

AD to address the unsafe condition on 

these products. 

DATES: The FAA must receive comments 

on this proposed AD by November 9, 

2023. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1885; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this NPRM, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• For service information identified 

in this NPRM, contact De Havilland 

Aircraft of Canada Limited, Dash 8 

Series Customer Response Centre, 5800 

Explorer Drive, Mississauga, Ontario, 

L4W 5K9, Canada; telephone 855–310– 

1013 or 647–277–5820; email: thd@

dehavilland.com; website: 

dehavilland.com. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 2200 South 216th Street, Des 

Moines, WA. For information on the 

availability of this material at the FAA, 

call 206–231–3195. 

FOR FURTHER INFORMATION CONTACT: 

Deep Gaurav, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone 516– 

228–7300; email: deep.gaurav@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–1885; Project Identifier 

MCAI–2022–01484–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend the proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Deep Gaurav, Aviation 

Safety Engineer, FAA, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 

11590; telephone 516–228–7300; email: 

deep.gaurav@faa.gov. Any commentary 

that the FAA receives which is not 

specifically designated as CBI will be 

placed in the public docket for this 

rulemaking. 

Background 

Transport Canada, which is the 

aviation authority for Canada, has 

issued Transport Canada AD CF–2022– 

63, dated November 17, 2022 (Transport 

Canada AD CF–2022–63) (also referred 

to as the MCAI), to correct an unsafe 

condition on certain De Havilland 

Aircraft of Canada Limited Model DHC– 

8–401 and –402 airplanes. The MCAI 

states several reports of moisture have 

been found in the wing-to-fuselage joint, 

between the mating front spar and rear 

spar frame segments. This condition, if 

not corrected, could lead to corrosion 

and structural degradation of the wingto-fuselage joint and possible wing 

separation from the airplane. 

The FAA is proposing this AD to 

address the unsafe condition on these 

products. You may examine the MCAI 

in the AD docket at regulations.gov 

under Docket No. FAA–2023–1885. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed De Havilland 

Aircraft of Canada Limited Service 

Bulletin 84–53–81, Revision A, dated 

August 23, 2022. This service 

information specifies procedures for a 

general visual inspection of the fuselage 

front and rear spar frames (including 

around the frame bolts) for signs of 

moisture (i.e., stains and streaks). If 

signs of moisture ingress are noted in 

the affected structure because of this 

inspection, then an ultrasonic test and 

other specified actions will be required, 

which includes installing a sealant plug, 

refinishing the frame edge sealing, and 

removing the existing frame recess 

sealant between the frame and struts in 

the cabin. 

This service information is reasonably 

available because the interested parties 

have access to it through their normal 


ddrumheller on DSK120RN23PROD with PROPOSALS1
65636 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Proposed Rules 

course of business or by the means 

identified in the ADDRESSES section. 

FAA’s Determination 

This product has been approved by 

the aviation authority of another 

country and is approved for operation in 

the United States. Pursuant to the FAA’s 

bilateral agreement with this State of 

Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI and the service information 

referenced above. The FAA is issuing 

this NPRM after determining that the 

unsafe condition previously described is 

likely to exist or develop on other 

products of the same type design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

the service information already 

described. This proposed AD would 

also require repairing any corrosion or 

structural degradation found during the 

ultrasonic test. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 41 

airplanes of U.S. registry. The FAA 

estimates the following costs to comply 

with this proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

16 work-hours × $85 per hour = $1,360 ..................................................................................... $3,134 $4,494 $184,254 

The FAA has received no definitive 

data on which to base the cost estimates 

for the on-condition actions specified in 

this proposed AD. 

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. 

The FAA is 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 

The FAA 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) Would not affect intrastate 

aviation in Alaska, and 

(3) Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

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 airworthiness 

directive: 

De Havilland Aircraft of Canada Limited 

(Type Certificate Previously Held by 

Bombardier, Inc.): Docket No. FAA– 

2023–1885; Project Identifier MCAI– 

2022–01484–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by November 9, 

2023. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to De Havilland Aircraft 

of Canada Limited (Type Certificate 

Previously Held by Bombardier, Inc.) Model 

DHC–8–401 and –402 airplanes, certificated 

in any category, having serial numbers 4001 

and 4003 through 4624 inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code: 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by reports of 

moisture in the wing-to-fuselage joint, 

between the mating front spar and rear spar 

frame segments. The FAA is issuing this AD 

to address corrosion and structural 

degradation of the wing-to-fuselage joint. The 

unsafe condition, if not addressed, could 

result in wing separation from the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection and Corrective Action 

At the applicable compliance times 

specified in paragraph (g)(1) or (2) of this AD, 

in accordance with Section 3.B., of the 

Accomplishment Instructions of De 

Havilland Aircraft of Canada Service Bulletin 

84–53–81, Revision A, dated August 23, 

2022, complete a general visual inspection of 

the fuselage spar frames and around the 

frame bolts for signs of moisture ingress (i.e., 

stains and streaks), accomplish other 

specified actions, and if necessary, perform 

an ultrasonic test. Do all applicable 

ultrasonic tests before further flight. If, 

during any ultrasonic test, any corrosion or 

structural degradation is found, before 

further flight, repair using a method 

approved by the Manager, International 

Validation Branch, FAA; or Transport 

Canada; or De Havilland Aircraft of Canada 

Limited’s Transport Canada Design Approval 

Organization (DAO). If approved by the DAO, 

the approval must include the DAOauthorized signature. 

(1) For airplanes that, as of the effective 

date of this AD, have accumulated less than 

32,000 total flight cycles: before 

accumulating 40,000 total flight cycles. 

(2) For airplanes that, as of the effective 

date of this AD, have accumulated 32,000 or 

more total flight cycles: within 8,000 flight 

hours or 48 months, whichever occurs first 

after the effective date of this AD. 

(h) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraph (g) of this AD, if those 

actions were performed before the effective 

date of this AD using De Havilland Aircraft 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Proposed Rules 65637 

of Canada Limited Service Bulletin 84–53– 

81, dated May 27, 2022. 

(i) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Validation Branch, 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 

responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the manager, International Validation 

Branch, mail it to the address identified in 

paragraph (j)(2) of this AD or email to: 9- 

AVS-AIR-730-AMOC@faa.gov. Before using 

any approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the responsible 

Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, International Validation 

Branch, FAA; or Transport Canada; or De 

Havilland Aircraft of Canada Limited’s 

Transport Canada Design Approval 

Organization (DAO). If approved by the DAO, 

the approval must include the DAOauthorized signature. 

(j) Additional Information 

(1) Refer to Transport Canada AD CF– 

2022–63, dated November 17, 2022, for 

related information. This Transport Canada 

AD may be found in the AD docket at 

regulations.gov under Docket No. FAA– 

2023–1885. 

(2) For more information about this AD, 

contact Deep Gaurav, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 516– 

228–7300; email: deep.gaurav@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) De Havilland Aircraft of Canada Limited 

Service Bulletin 84–53–81, Revision A, dated 

August 23, 2022. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact De Havilland Aircraft of 

Canada Limited, Dash 8 Series Customer 

Response Centre, 5800 Explorer Drive, 

Mississauga, Ontario, L4W 5K9, Canada; 

telephone 855–310–1013 or 647–277–5820; 

email: thd@dehavilland.com; website: 

dehavilland.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

Street, Des Moines, WA. For information on 

the availability of this material at the FAA, 

call 206–231–3195. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on September 18, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–20514 Filed 9–22–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1886; Project 

Identifier AD–2023–00429–T] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

2009–01–02, which applies to certain 

Boeing Model 737–600, –700, –700C, 

–800, and –900 series airplanes. AD 

2009–01–02 requires an inspection of 

frames between body station (BS) 360 

and BS 907 to determine if certain 

support brackets of the air conditioning 

(A/C) outlet extrusions are installed, 

inspections for cracking of the frames 

around the attachment holes of the 

subject brackets, and repair if necessary. 

AD 2009–01–02 also requires installing 

new, improved fittings for all support 

brackets of the A/C outlet extrusions 

between BS 360 and BS 907. Since the 

FAA issued AD 2009–01–02, the agency 

determined that certain repairs might 

develop fatigue cracks that could result 

in the inability of the frame to sustain 

limit load and therefore must be 

inspected. This proposed AD would 

continue to require the actions specified 

in AD 2009–01–02 and would also 

require repetitive inspections for 

cracking of certain repairs and repair if 

necessary. The FAA is proposing this 

AD to address the unsafe condition on 

these products. 

DATES: The FAA must receive comments 

on this proposed AD by November 9, 

2023. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1886; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this NPRM, any comments 

received, and other information. The 

street address for Docket Operations is 

listed above. 

Material Incorporated by Reference: 

• For service information identified 

in this NPRM, contact Boeing 

Commercial Airplanes, Attention: 

Contractual & Data Services (C&DS), 

2600 Westminster Blvd., MC 110 SK57, 

Seal Beach, CA 90740–5600; telephone 

562–797–1717; website 

myboeingfleet.com. 

• You may view this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, 

call 206–231–3195. It is also available at 

regulations.gov by searching for and 

locating Docket No. FAA–2023–1886. 

FOR FURTHER INFORMATION CONTACT: 

Owen F. Bley-Male, Aviation Safety 

Engineer, FAA, 2200 South 216th St., 

Des Moines, WA 98198; phone: 206– 

231–3992; email: Owen.F.Bley-Male@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–1886; Project Identifier AD– 

2023–00429–T’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend the proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 


ddrumheller on DSK120RN23PROD with PROPOSALS1