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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 39
          - [Docket No. FAA-2015-0680; Directorate Identifier 2014-NM-165-AD]
          - RIN 2120-AA64

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of proposed rulemaking (NPRM).

# SUMMARY:

We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes. This proposed AD was prompted by a report of a main landing gear (MLG) parking brake becoming dislodged from its mounting bracket due to an improperly installed quick release pin of the hand pump lever. This proposed AD would require removing the hand pump lever of the parking brake from the right-hand side nacelle. We are proposing this AD to prevent an unsecured lever from migrating from its stowed position, fouling against the MLG, and subsequently puncturing the nacelle structure, which could adversely affect the safe landing of the airplane.

# DATES:

We must receive comments on this proposed AD by May 18, 2015.

# 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-       ( print page 17367)                              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.

                        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; email                         *thd.qseries@aero.bombardier.com;*                         Internet                         *http://www.bombardier.com.*                         You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 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*                     by searching for and locating Docket No. FAA-2015-0680; 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:

Cesar Gomez, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7318; 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-2015-0680; Directorate Identifier 2014-NM-165-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-2014-18, dated June 19, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition on certain Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes. The MCAI states:

There has been one (1) reported in-service incident where the main landing gear (MLG) parking brake hand pump lever was not properly secured in the right-hand (RH) side nacelle and became dislodged from its mounting bracket. During extension of the MLG, the unsecured lever shifted causing a fouling condition with the nacelle and subsequently puncturing the nacelle structure.

An investigation revealed that the safety restraint pin used to securely stow the lever is susceptible to mishandling. An unsecured parking brake hand pump lever could migrate from its stowed position and foul against the MLG, adversely affecting the safe landing of the aeroplane.

This [Canadian] AD mandates the removal of the MLG parking brake hand pump lever from the RH side nacelle.

                    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-2015-0680.                

## Related Service Information Under 1 CFR Part 51

Bombardier has issued the following service bulletins. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.
    - Service Bulletin 84-32-99, Revision A, dated October 2, 2012. This service information describes incorporating ModSum 4-113723 by re-locating the hand pump lever of the parking brake from the right-hand side nacelle to the right-hand side equipment bay.
    - Service Bulletin 84-32-118, dated April 8, 2014. This service information describes incorporating Bombardier ModSum 4-113803 by removing the hand pump lever of the parking brake from the right-hand side nacelle.

                    This service information is reasonably available; see                     **ADDRESSES**                     for ways to access this service information.                

## 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.

## Costs of Compliance

We estimate that this proposed AD affects 82 airplanes of U.S. registry.

We also estimate that it would take about 3 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost $0 per product. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $20,910, or $255 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:                          ( print page 17368)    

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.

# 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

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 

**Bombardier, Inc.:**                         Docket No. FAA-2015-0680; Directorate Identifier 2014-NM-165-AD.                    

## (a) Comments Due Date

We must receive comments by May 18, 2015.

## (b) Affected ADs

None.

## (c) Applicability

This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes, certificated in any category, serial numbers (S/N) 4001 through 4419 inclusive.

## (d) Subject

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

## (e) Reason

This AD was prompted by a report of a main landing gear (MLG) parking brake becoming dislodged from its mounting bracket due to an improperly installed quick release pin of the hand pump lever. We are issuing this AD to prevent an unsecured lever from migrating from its stowed position, fouling against the MLG, and subsequently puncturing the nacelle structure, which could adversely affect the safe landing of the airplane.

## (f) Compliance

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

## (g) Incorporation of Modification Summary (ModSum) 4-113803

Within 3,000 flight hours or 18 months after the effective date of this AD, whichever occurs first: Incorporate Bombardier ModSum 4-113803 by removing the hand pump lever of the parking brake from the right-hand side nacelle, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 84-32-118, dated April 8, 2014.

# Note 1 to paragraph (g) of this AD:

The hand pump lever of the parking brake may be re-installed at the operator's discretion to the right-hand side equipment bay, by incorporating ModSum 4-113804 as specified in Bombardier Service Bulletin 84-32-119, dated June 14, 2013.

## (h) Optional Installation

Incorporation of ModSum 4-113723 by re-locating the hand pump lever of the parking brake from the right-hand side nacelle to the right-hand side equipment bay, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 84-32-99, Revision A, dated October 2, 2012, is acceptable for compliance with the modification specified in paragraph (g) of this AD, provided the incorporation of ModSum 4-113723 is done within the compliance time specified in paragraph (g) of this AD.

## (i) Credit for Previous Actions

This paragraph provides credit for actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using Bombardier Service Bulletin 84-32-99, dated January 26, 2012, which is not incorporated by reference in this AD.

## (j) Other FAA AD Provisions

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 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, 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.                    

## (k) Related Information

                        (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2014-18, dated June 19, 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-2015-0680.                    

                        (2) For service information identified in this 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; email                         *thd.qseries@aero.bombardier.com;*                         Internet                         *http://www.bombardier.com.*                         You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.                    

Issued in Renton, Washington, on March 19, 2015.

Michael Kaszycki,

Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2015-07393 Filed 3-31-15; 8:45 am]

BILLING CODE 4910-13-P