[Federal Register Volume 74, Number 75 (Tuesday, April 21, 2009)]
[Rules and Regulations]
[Pages 18121-18124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8995]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0361; Directorate Identifier 2009-NM-046-AD; 
Amendment 39-15888; AD 2009-09-02]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-400 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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:

    Several reports have been received on failures of the aft hinge 
of the main landing gear (MLG) forward stabilizer brace. Laboratory 
examinations have found that the fatigue cracks were initiated from 
the dowel pin hole at the aft hinge lug of the MLG forward 
stabilizer brace where the stop bracket is attached. Failure of the 
stabilizer brace could result in the collapse of the main landing 
gear.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective May 6, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 6, 2009.
    We must receive comments on this AD by May 21, 2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 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; 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 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: Jon Hjelm, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7323; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Emergency Airworthiness 
Directive CF-2009-11, dated March 13, 2009 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Several reports have been received on failures of the aft hinge 
of the main landing gear (MLG) forward stabilizer brace. Laboratory 
examinations have found that the fatigue cracks were initiated from 
the dowel pin hole at the aft hinge lug of the MLG forward 
stabilizer brace where the stop bracket is attached. Failure of the 
stabilizer brace could result in the collapse of the main landing 
gear.

Required actions include inspections for damage (including excessive 
wear, corrosion, foreign object damage, and cracking) of the MLG 
forward stabilizer brace assemblies and applicable corrective actions. 
The inspections include the following inspections:
    <bullet> A visual inspection for evidence of excessive wear on the 
outside diameter of apex pins part number 46418-1.
    <bullet> A visual inspection for damage (including cracking, 
corrosion, and foreign object damage) of the face of the forward 
stabilizer brace lugs, stop bracket retention hole apex bushings, and 
stop bracket.
    <bullet> An inspection to detect 0.050-inch-long exposed surface 
cracks around the stop bracket mounting face and retention pin hole 
areas, using either of the following nondestructive inspection methods: 
(1) An eddy current inspection, or (2) a visual inspection using liquid 
penetrant under 10X magnification.
    The applicable corrective actions include the following:
    <bullet> Contacting Goodrich for repair instructions and doing the 
repair.
    <bullet> Replacing the stop bracket.
    <bullet> Reworking the forward stabilizer brace assembly.
    <bullet> Replacing the forward stabilizer brace assembly.
    The required actions also include, for certain airplanes, 
repetitive detailed visual inspection for cracking of both MLG forward 
stabilizer braces, including liquid penetrant inspections for cracking 
if necessary, and repair of the cracking if necessary. The required 
actions also include, for certain airplanes, a detailed visual 
inspection

[[Page 18122]]

for cracking of the stabilizer brace apex lugs. The required actions 
also include, for certain airplanes, repair in accordance with a method 
approved by the FAA or TCCA.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier has issued Repair Drawing 8/4-32-099, Issue 1, dated 
March 10, 2009; and Q400 All Operator Message 338, dated February 23, 
2009. Goodrich has issued Service Concession Request 026-09, Revision 
B, dated March 10, 2009. 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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the 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 required 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 AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because some 
affected airplanes are approaching the threshold at which failure of 
the aft hinge MLG brace could occur and result in the collapse of the 
MLG. Therefore, we determined that notice and opportunity for public 
comment before issuing this AD are impracticable and that good cause 
exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-0361; Directorate 
Identifier 2009-NM-046-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
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 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.
    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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 AD:
    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); 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 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.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 AD:

2009-09-02 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-15888. Docket No. FAA-2009-0361; Directorate Identifier 2009-NM-
046-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 6, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-400, DHC-8-401, 
and DHC-8-402 series airplanes; certificated in any category, serial 
numbers 4001, 4003, and subsequent.

Subject

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

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    Several reports have been received on failures of the aft hinge 
of the main landing gear (MLG) forward stabilizer brace. Laboratory 
examinations have found that the fatigue cracks were initiated from 
the dowel pin hole at the aft hinge lug of the MLG forward 
stabilizer brace where the stop bracket is attached. Failure of the 
stabilizer brace could result in the collapse of the main landing 
gear.

[[Page 18123]]

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) At the applicable time specified in paragraph (f)(1)(i), 
(f)(1)(ii), (f)(1)(iii), or (f)(1)(iv) of this AD: Perform non-
destructive inspections for damage of the MLG forward stabilizer 
brace assemblies part number (P/N) 46401-7, in accordance with 
Bombardier Repair Drawing 8/4-32-099, Issue 1, dated March 10, 2009; 
and Goodrich Service Concession Request 026-09, Revision B, dated 
March 10, 2009. Repeat the inspection thereafter at intervals not to 
exceed 2,000 flight cycles.
    (i) For airplanes with MLG forward stabilizer braces that have 
accumulated 12,000 or more total flight cycles as of the effective 
date of this AD: Inspect within 50 flight cycles after the effective 
date of this AD.
    (ii) For airplanes with MLG forward stabilizer braces that have 
accumulated 9,000 or more total flight cycles but fewer than 12,000 
total flight cycles as of the effective date of this AD: Inspect 
before the accumulation of 12,050 total flight cycles, or within 500 
flight cycles after the effective date of this AD, whichever occurs 
earlier.
    (iii) For airplanes with MLG forward stabilizer braces that have 
accumulated 4,500 or more total flight cycles but fewer than 9,000 
total flight cycles as of the effective date of this AD: Inspect 
before the accumulation of 9,500 total flight cycles, or within 
1,500 flight cycles after the effective date of this AD, whichever 
occurs earlier.
    (iv) For airplanes with MLG forward stabilizer braces that have 
accumulated fewer than 4,500 total flight cycles as of the effective 
date of this AD: Inspect before the accumulation of 6,000 total 
flight cycles.
    (2) If any damage is found during any inspection required by 
paragraph (f)(1) of this AD, before further flight, do all 
applicable corrective actions in accordance with Goodrich Service 
Concession Request 026-09, Revision B, dated March 10, 2009, except 
as provided by paragraphs (f)(3), (f)(4), (f)(5), and (f)(6) of this 
AD.
    (3) For airplanes on which step 24. of Goodrich Service 
Concession Request 026-09, Revision B, dated March 10, 2009, has 
been done: Within 1,200 flight cycles after the effective date of 
this AD, rework the MLG forward stabilizer brace, and except for 
airplanes on which the rework has been done, within 600 flight 
cycles after the effective date of this AD do a detailed visual 
inspection for damage of the stabilizer brace apex lugs, in 
accordance with Goodrich Service Concession Request 026-09, Revision 
B, dated March 10, 2009. If any damage is found, repair before 
further flight in accordance with Section C of Goodrich Service 
Concession Request 026-09, Revision B, dated March 10, 2009.
    (4) At the applicable time specified in paragraph (f)(4)(i), 
(f)(4)(ii), or (f)(4)(iii) of this AD, replace the forward 
stabilizer brace assembly, in accordance with Goodrich Service 
Concession Request 026-09, Revision B, dated March 10, 2009.
    (i) For airplanes on which cracking is found during any 
inspection required by this AD, and the cracking exceeds the limit 
specified in Section C of Goodrich Service Concession Request 026-
09, Revision B, dated March 10, 2009: Replace the assembly before 
further flight.
    (ii) For airplanes on which any cracking is found after the 
rework specified in Section C of Goodrich Service Concession Request 
026-09, Revision B, dated March 10, 2009: Replace the assembly 
before further flight.
    (iii) For airplanes on which no cracking is found after the 
rework specified in Section C of Goodrich Service Concession Request 
026-09, Revision B, dated March 10, 2009: Replace the assembly 
within 2,700 flight cycles after doing the rework.
    (5) If foreign object damage is found during any inspection 
required by this AD, or if damage is found to a forward stabilizer 
brace lug or stop bracket retention hole apex bushing, before 
further flight, repair using a method approved by either the 
Manager, New York Aircraft Certification Office, ANE-170, FAA; or 
Transport Canada Civil Aviation (TCCA) (or its delegated agent).
    (6) If any crack is found during the visual inspection under 10X 
magnification, repair before further flight, in accordance with 
Goodrich Service Concession Request 026-09, Revision B, dated March 
10, 2009.
    (7) Before the accumulation of 6,000 total flight cycles on the 
MLG forward stabilizer braces, or within 600 flight hours after the 
effective date of this AD, whichever occurs later: Do a detailed 
visual inspection for cracking of both MLG forward stabilizer braces 
and do all applicable liquid penetrant inspections for cracking, in 
accordance with Bombardier Q400 All Operator Message 338, dated 
February 23, 2009. Repeat the inspection thereafter at intervals not 
to exceed 600 flight hours. If any cracking is found during any 
inspection required by this paragraph, repair before further flight 
in accordance with Bombardier Repair Drawing 8/4-32-099, Issue 1, 
dated March 10, 2009; and Goodrich Service Concession Request 026-
09, Revision B, dated March 10, 2009.
    (8) Submit a report of all findings of the inspections required 
by paragraph (f)(1) of this AD to the Bombardier Technical Help 
Desk, e-mail: <a href="/cdn-cgi/l/email-protection#92e6faf6bce3e1f7e0fbf7e1d2f3f7e0fdbcf0fdfff0f3e0f6fbf7e0bcf1fdff"><span class="__cf_email__" data-cfemail="82f6eae6acf3f1e7f0ebe7f1c2e3e7f0edace0edefe0e3f0e6ebe7f0ace1edef">[email protected]</span></a>; fax: (416) 375-4539; 
telephone: (416) 375-4000; at the applicable time specified in 
paragraph (f)(8)(i) or (f)(8)(ii) of this AD. The report must 
include the information specified in sheets 3 and 4 of Bombardier 
Repair Drawing 8/4-32-099, Issue 1, dated March 10, 2009.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 10 days after the inspection.
    (ii) If the inspection was accomplished prior to the effective 
date of this AD: Submit the report within 10 days after the 
effective date of this AD.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: Jon Hjelm, Aerospace 
Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York 
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone (516) 228-7323; fax (516) 794-
5531. Before using any approved AMOC on any airplane to which the 
AMOC applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards 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 ensure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.
    (4) Special Flight Permits: Special flight permits may be issued 
in accordance with sections 21.197 and 21.199 of the Federal 
Aviation Regulations (14 CFR 21.197 and 21.199) to operate the 
airplane to a location where the airplane can be modified (if the 
operator elects to do so), provided that, within 10 flight cycles 
after detection of the discrepancy that requires repair, operators 
perform a detailed visual inspection for cracking of both MLG 
forward stabilizer braces and do all applicable non-destructive 
inspections (eddy current or visual liquid penetrant inspections) 
for cracking, in accordance with Bombardier Q400 All Operator 
Message 338, dated February 23, 2009; and repair any cracking before 
further flight in accordance with Goodrich Service Concession 
Request 026-09, Revision B, dated March 10, 2009.

Related Information

    (h) Refer to MCAI Canadian Emergency Airworthiness Directive CF-
2009-11, dated March 13, 2009; Bombardier Q400 All Operator Message 
338, dated February 23, 2009; Bombardier Repair Drawing 8/4-32-099, 
Issue 1, dated March 10, 2009; and Goodrich Service Concession 
Request 026-09, Revision B, dated March 10, 2009; for related 
information.

Material Incorporated by Reference

    (i) You must use Bombardier Q400 All Operator Message 338, dated 
February 23, 2009; Bombardier Repair Drawing 8/4-32-099, Issue 1, 
dated March 10, 2009; and Goodrich Service Concession Request 026-
09, Revision B, dated March 10, 2009; as applicable; to do the 
actions required by this AD, unless the AD specifies otherwise. (The 
issue date of Bombardier Q400 All Operator

[[Page 18124]]

Message 338, dated February 23, 2009; and Bombardier Repair Drawing 
8/4-32-099, Issue 1, dated March 10, 2009; is specified only on the 
first page of the documents.) Goodrich Service Concession Request 
026-09, Revision B, dated March 10, 2009, contains the following 
effective pages:

------------------------------------------------------------------------
                                    Revision
                                      level
             Page No.               shown on       Date shown on page
                                      page
------------------------------------------------------------------------
1-8..............................          B   March 5, 2009.
9-22.............................          B   March 10, 2009.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For Bombardier service information identified in this AD, 
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; e-mail <a href="/cdn-cgi/l/email-protection#2f5b474b015e5c4a5d464a5c6f4e4a5d40014d40424d4e5d4b464a5d014c4042"><span class="__cf_email__" data-cfemail="e7938f83c9969482958e8294a786829588c985888a858695838e8295c984888a">[email protected]</span></a>; Internet http://www.bombardier.com. For Goodrich service information identified in 
this AD, contact Goodrich Corporation, Landing Gear, 1400 South 
Service Road, West Oakville L6L 5Y7, Ontario, Canada; telephone 905-
825-1568; e-mail <a href="/cdn-cgi/l/email-protection#bfd5daded191ddcddadadbffd8d0d0dbcdd6dcd791dcd0d2"><span class="__cf_email__" data-cfemail="422827232c6c203027272602252d2d26302b212a6c212d2f">[email protected]</span></a>; Internet http://www.goodrich.com/TechPubs.
    (3) You may review copies of the 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 or 425-227-1152.
    (4) You may also review copies of the 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, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on April 8, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-8995 Filed 4-20-09; 8:45 am]
BILLING CODE 4910-13-P


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