[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Proposed Rules]
[Pages 88910-88913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25982]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2420; Project Identifier MCAI-2024-00143-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).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2022-01-02, which applies to certain De Havilland Aircraft of Canada 
Limited Model DHC-8-400, -401, and -402 airplanes. AD 2022-01-02 
requires inspecting for corrosion of the nacelle to wing rear spar 
attachment pins, and the nacelle to landing gear attachment pins, and 
doing all applicable corrective actions. Since the FAA issued AD 2022-
01-02, it was discovered that some operators were unable to identify 
the airplanes subject to each requirement. This proposed AD would 
continue to require the actions specified in AD 2022-01-02, clarify the 
affected airplanes for each required action, and revise the 
applicability by removing Model DHC-8-400 airplanes, as specified in a 
Transport Canada AD, which is proposed for incorporation by reference 
(IBR). This proposed AD would also revise a certain compliance time. 
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 December 
27, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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-2024-2420; 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:
    <bullet> For Transport Canada material identified in this proposed 
AD, contact Transport Canada, Transport Canada National Aircraft 
Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; 
telephone 888-663-3639; email <a href="/cdn-cgi/l/email-protection#0357402d426a71746c71776b6a6d667070476a716660776a7566702e406c6d706a646d667067666d62756a6462616a6f6a77662d57404377602d64602d6062"><span class="__cf_email__" data-cfemail="4410076a052d36332b36302c2d2a213737002d362127302d32213769072b2a372d232a213720212a25322d2325262d282d30216a10070430276a23276a2725">[email protected]</span></a>; website at tc.canada.ca/en/
aviation.
    <bullet> You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For

[[Page 88911]]

information on the availability of this material at the FAA, call 206-
231-3195.

FOR FURTHER INFORMATION CONTACT: Fatin Saumik, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#3e07135f484d1350475f5d51135d514d7e585f5f10595148"><span class="__cf_email__" data-cfemail="2f16024e595c0241564e4c40024c405c6f494e4e01484059">[email protected]</span></a>.

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 the ADDRESSES section. Include ``Docket No. FAA-2024-2420; 
Project Identifier MCAI-2024-00143-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 Fatin 
Saumik, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#98a1b5f9eeebb5f6e1f9fbf7b5fbf7ebd8fef9f9b6fff7ee"><span class="__cf_email__" data-cfemail="e3dace829590ce8d9a82808cce808c90a3858282cd848c95">[email protected]</span></a>. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA issued AD 2022-01-02, Amendment 39-21890 (87 FR 4145, 
January 27, 2022) (AD 2022-01-02), for certain De Havilland Aircraft of 
Canada Limited Model DHC-8-400, -401, and -402 airplanes. AD 2022-01-02 
was prompted by MCAI originated by Transport Canada, which is the 
aviation authority for Canada. Transport Canada issued AD CF-2020-51R1, 
dated February 24, 2021 (Transport Canada AD CF-2020-51R1), to correct 
an unsafe condition.
    AD 2022-01-02 requires doing a detailed visual inspection of the 
nacelle to wing rear spar attachment pins, and the nacelle to landing 
gear attachment pins, for any corrosion, and doing all applicable 
corrective actions. The FAA issued AD 2022-01-02 to address premature 
corrosion and subsequent failure of the nacelle to landing gear and 
nacelle to rear wing spar attachment pins, which, if undetected, could 
lead to a single or dual collapse of the main landing gear.

Actions Since AD 2022-01-02 Was Issued

    Since the FAA issued AD 2022-01-02, Transport Canada superseded AD 
CF-2020-51R1, dated February 24, 2021. Transport Canada AD CF-2020-
51R2, dated February 27, 2024 (Transport Canada AD CF-2020-51R2) 
(referred to after this as the MCAI), was issued to correct an unsafe 
condition on certain De Havilland Aircraft of Canada Limited Model DHC-
8-401 and -402 airplanes.
    The MCAI provides clarification of the applicability for each of 
its parts (Parts I through V) and otherwise maintains the requirements 
of AD CF-2020-51R1. It also revises the applicability section to remove 
Model DHC-8-400 airplanes since no model DHC-8-400 airplanes have been 
delivered.
    In addition, the FAA discovered an error in AD 2022-01-02, which 
included a compliance time that incorrectly used the number of flight 
cycles on the airplane instead of on the pins.
    The FAA is proposing this AD to address premature corrosion and 
subsequent failure of the nacelle to landing gear and nacelle to rear 
wing spar attachment pins, which, if undetected, could lead to a single 
or dual collapse of the main landing gear.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-2420.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2022-01-02, this proposed AD would retain all of the 
requirements of AD 2022-01-02. Those requirements are referenced in 
Transport Canada AD CF-2020-51R2, which, in turn, is referenced in 
paragraph (g) of this proposed AD.

Related Material Under 1 CFR Part 51

    Transport Canada AD CF-2020-51R2 specifies procedures for doing a 
detailed visual inspection of the nacelle to wing rear spar attachment 
pins, and the nacelle to landing gear attachment pins, for any 
corrosion; and doing all applicable corrective actions. Corrective 
actions include applying epoxy primer to the bore surface of the pins, 
performing a fluorescent magnetic particle inspection for any cracking, 
removing corrosion, reworking and part marking certain pins, and 
replacing any cracked or corroded pins with serviceable pins.
    This material is reasonably available because the interested 
parties have access to it through their normal 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 
material referenced above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all requirements of AD 2022-01-02 and 
clarify the airplanes subject to each requirement. This proposed AD 
would remove Model DHC-8-400 airplanes from the applicability and 
revise a certain compliance time as specified in an exception in 
paragraph (h)(2) of this proposed AD.

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:

[[Page 88912]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 25 work-hours x $85 per hour =   Up to $21..............  Up to $2,146...........  Up to $87,986.
 Up to $2,125.
----------------------------------------------------------------------------------------------------------------

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

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:
0
a. Removing Airworthiness Directive (AD) 2022-01-02, Amendment 39-21890 
(87 FR 4145, January 27, 2022); and
0
b. Adding the following new AD:

De Havilland Aircraft of Canada Limited (Type Certificate Previously 
Held by Bombardier, Inc.): Docket No. FAA-2024-2420; Project 
Identifier MCAI-2024-00143-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 27, 2024.

(b) Affected ADs

    This AD replaces AD 2022-01-02, Amendment 39-21890 (87 FR 4145, 
January 27, 2022) (AD 2022-01-02).

(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, as identified in 
Transport Canada AD CF-2020-51R2, dated February 27, 2024 (Transport 
Canada AD CF-2020-51R2).

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.

(e) Unsafe Condition

    This AD was prompted by a report that the epoxy primer on the 
internal bore of the nacelle and landing gear attachment pins was 
not applied, and corrosion on the internal bore of the wing rear 
spar attachment pins was found. The FAA is issuing this AD to 
address premature corrosion and subsequent failure of the nacelle to 
landing gear and nacelle to rear wing spar attachment pins. The 
unsafe condition, if not addressed, could result a single or dual 
collapse of the main landing gear.

(f) Compliance

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

(g) Required Actions

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, Transport Canada AD CF-2020-51R2.

(h) Exceptions to Transport Canada AD 2022-01-02

    (1) Where Transport Canada AD 2022-01-02 refers to ``the 
effective date of CF-2020-51, 9 December 2020,'' this AD requires 
using March 3, 2022 (the effective date of AD 2022-01-02).
    (2) Where paragraph A. of Parts I, II, and III, and Parts IV and 
V, of Transport Canada AD CF-2020-51R2 specify the compliance time, 
for this AD, the compliance time for paragraph A. of Parts I, II, 
and III, and for Parts IV and V, of Transport Canada AD CF-2020-51R2 
is at the later of the times in paragraphs (h)(2)(i) and (ii) of 
this AD.
    (i) Prior to the pins reaching 14 years from their entry-into-
service or prior to the pins reaching 30,000 total flight cycles, 
whichever occurs first.
    (ii) Within 30 days after the effective date of this AD.

(i) Additional AD Provisions

    (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 of the 
International Validation Branch, mail it to the address identified 
in paragraph (j) of this AD. Information may be emailed to 
<a href="/cdn-cgi/l/email-protection#094844464a496f6868276e667f"><span class="__cf_email__" data-cfemail="afeee2e0ecefc9cece81c8c0d9">[email protected]</span></a>.
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2022-01-02 are approved as 
AMOCs for the corresponding provisions of Transport Canada AD CF-
2020-51R2 that are required by paragraph (g) of this AD.
    (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 DAO-authorized signature.

(j) Additional Information

    For more information about this AD, contact Fatin Saumik, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#98a1b5f9eeebb5f6e1f9fbf7b5fbf7ebd8fef9f9b6fff7ee"><span class="__cf_email__" data-cfemail="6d54400c1b1e4003140c0e02400e021e2d0b0c0c430a021b">[email protected]</span></a>.

[[Page 88913]]

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) Transport Canada AD CF-2020-51R2, dated February 27, 2024.
    (ii) [Reserved]
    (3) For Transport Canada material identified in this AD, contact 
Transport Canada, Transport Canada National Aircraft Certification, 
159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-
663-3639; email <a href="/cdn-cgi/l/email-protection#3f6b7c117e564d48504d4b5756515a4c4c7b564d5a5c4b56495a4c127c50514c5658515a4c5b5a515e4956585e5d5653564b5a116b7c7f4b5c11585c115c5e"><span class="__cf_email__" data-cfemail="c09483ee81a9b2b7afb2b4a8a9aea5b3b384a9b2a5a3b4a9b6a5b3ed83afaeb3a9a7aea5b3a4a5aea1b6a9a7a1a2a9aca9b4a5ee948380b4a3eea7a3eea3a1">[email protected]</span></a>; website tc.canada.ca/en/
aviation.
    (4) You may view this material 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.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email <a href="/cdn-cgi/l/email-protection#fa9c88d49394898a9f998e939594ba949b889bd49d958c"><span class="__cf_email__" data-cfemail="c8aebae6a1a6bbb8adabbca1a7a688a6a9baa9e6afa7be">[email protected]</span></a>.

    Issued on November 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-25982 Filed 11-8-24; 8:45 am]
BILLING CODE 4910-13-P


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