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[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Proposed Rules]
[Pages 2785-2787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00375]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8464; Directorate Identifier 2015-NM-050-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 all 
Bombardier, Inc. Model DHC-8-400 series airplanes. This proposed AD was 
prompted by a revision by the manufacturer to the Certification 
Maintenance Requirements (CMR) of the Airworthiness Limitation Items 
(ALI), in the Maintenance Requirement Manual (MRM), that introduces a 
new CMR task that requires repetitive operational checks of the 
propeller overspeed governor. This proposed AD would require revising 
the airplane maintenance program or inspection program, as applicable, 
to incorporate a new CMR task. We are proposing this AD to prevent 
dormant failure of the propeller overspeed governor, which may lead to 
a loss of propeller overspeed protection and result in high propeller 
drag in-flight.

DATES: We must receive comments on this proposed AD by March 4, 2016.

[[Page 2786]]

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 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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8464; 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 
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: Mazdak Hobbi, Aerospace Engineer, 
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7330; 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-2015-8464; 
Directorate Identifier 2015-NM-050-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-
2014-43, dated December 18, 2014 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Bombardier, Inc. Model DHC-8-400 
series airplanes. The MCAI states:

    Bombardier Inc. has revised the Maintenance Requirement Manual 
PSM-1-84-7, Airworthiness Limitation Items (ALI), Part 2, Section 1, 
Certification Maintenance Requirements (CMR). This revision 
introduces a new CMR task, task number 612000-109, for the 
Operational Check of the Propeller Overspeed Governor to be 
performed every 200 flight hours.
    This new task was introduced to minimize the probability of 
dormant failure of the propeller overspeed governor, which may lead 
to a loss of propeller overspeed protection and result in high 
propeller drag in-flight.
    This [Canadian] AD is issued to mandate the incorporation of a 
new CMR task for the Propeller Overspeed Governor.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8464.

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.
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections). Compliance with 
these actions is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered, or repaired in the areas addressed 
by this AD, the operator may not be able to accomplish the actions 
described in the revisions. In this situation, to comply with 14 CFR 
91.403(c), the operator must request approval for an alternative method 
of compliance according to paragraph (h)(1) of this AD. The request 
should include a description of changes to the required inspections 
that will ensure the continued operational safety of the airplane.

Costs of Compliance

    We estimate that this proposed AD affects 82 airplanes 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 this proposed AD on U.S. operators to be $6,970, 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;
    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.

[[Page 2787]]

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 airworthiness 
directive (AD):

Bombardier, Inc.: Docket No. FAA-2015-8464; Directorate Identifier 
2015-NM-050-AD.

(a) Comments Due Date

    We must receive comments by March 4, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc. Model DHC-8-400, -401, 
and -402 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 61, Propellers/
propulsors.

(e) Reason

    This AD was prompted by a revision by the manufacturer to the 
Certification Maintenance Requirements (CMR) of the Airworthiness 
Limitation Items (ALI), in the Maintenance Requirement Manual (MRM), 
that introduces a new CMR task that requires repetitive operational 
checks of the propeller overspeed governor. We are issuing this AD 
to prevent dormant failure of the propeller overspeed governor, 
which may lead to a loss of propeller overspeed protection and 
result in high propeller drag in-flight.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Maintenance Program or Inspection Program Revision

    Within 30 days after the effective date of this AD, revise the 
maintenance program or inspection program, as applicable, to 
incorporate an operational check of the propeller overspeed 
governor, CMR task number 612000-109, to be performed every 200 
flight hours, using a method approved by the Manager, New York 
Aircraft Certification Office (ACO), ANE-170, FAA.

    Note 1 to paragraph (g) of this AD:  CMR task number 612000-109, 
Operational Check of the Propeller Overspeed Governor, in the MRM 
PSM-1-84-7, ALI, Part 2, Section 1, CMR, is an additional source of 
guidance for the operational check of the propeller overspeed 
governor specified in paragraph (g) of this AD.

(h) 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 ACO, send it to ATTN: Program 
Manager, Continuing Operational Safety, FAA, New York ACO, 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, New York ACO, 
ANE-170, Engine and Propeller Directorate, FAA; or Transport Canada 
Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval 
Organization (DAO). If approved by the DAO, the approval must 
include the DAO-authorized signature.

(i) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian Airworthiness Directive CF-2014-43, dated December 18, 
2014, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2015-8464.

    Issued in Renton, Washington, on December 31, 2015.
Phil Forde,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-00375 Filed 1-15-16; 8:45 am]
 BILLING CODE 4910-13-P
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