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[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Proposed Rules]
[Pages 71470-71472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29798]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / 
Proposed Rules

[[Page 71470]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1230; Directorate Identifier 2011-NM-141-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 
Model DHC-8-102, -103, and -106 airplanes and Model DHC-8-200, -300, 
and -400 series airplanes. This proposed 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 regarding cracking of the 
DHC-8 Series 100 rudder actuator mounting bracket. An investigation 
revealed that the mounting bracket has been under-designed based on 
the static and endurance loading conditions. The failure of the 
mounting brackets that attach the power control unit (PCU) to the 
airframe could result in a loss of the rudder actuating system. The 
loss of both rudder PCU actuators could result in free play of the 
rudder control surface and potentially induce a flutter condition.
* * * * *
    The unsafe condition is loss of controllability of the airplane. 
The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by January 3, 2012.

ADDRESSES: You may send comments 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.
    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 review copies of the referenced 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.

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 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 (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 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-2011-1230; 
Directorate Identifier 2011-NM-141-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, which is the aviation authority 
for Canada, has issued Canadian Airworthiness Directive CF-2011-12, 
dated June 6, 2011 (referred to after this as ``the MCAI''), to correct 
an unsafe condition for the specified products. The MCAI states:

    Several reports have been received regarding cracking of the 
DHC-8 Series 100 rudder actuator mounting bracket. An investigation 
revealed that the mounting bracket has been under-designed based on 
the static and endurance loading conditions. The failure of the 
mounting brackets that attach the power control unit (PCU) to the 
airframe could result in a loss of the rudder actuating system. The 
loss of both rudder PCU actuators could result in free play of the 
rudder control surface and potentially induce a flutter condition.
    This [TCCA] directive mandates the installation of a new design 
of rudder actuator mounting bracket [adapter].

The unsafe condition is loss of controllability of the airplane. You 
may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletins 8-27-110, Revision C, dated 
May 13, 2011; and 84-27-53, dated November 26, 2010. 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 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

[[Page 71471]]

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.

Differences Between This 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 proposed 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 proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 171 products of U.S. registry. We also estimate that 
it would take up to 10 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 up to $2,856 per product. Based on 
these figures, we estimate the cost of the proposed AD on U.S. 
operators to be up to $633,726, or $3,706 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); 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 proposed 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.

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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2011-1230; Directorate Identifier 
2011-NM-141-AD.

Comments Due Date

    (a) We must receive comments by January 3, 2012.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. airplanes identified in 
paragraphs (c)(1) and (c)(2) of this AD, certificated in any 
category.
    (1) Model DHC-8-102, -103, -106, -201, -202, -301, -311, and -
315 airplanes, serial numbers 003 through 672 inclusive.
    (2) Model DHC-8-400, -401, and -402 airplanes, serial numbers 
4001 through 4343 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Several reports have been received regarding cracking of the 
DHC-8 Series 100 rudder actuator mounting bracket. An investigation 
revealed that the mounting bracket has been under-designed based on 
the static and endurance loading conditions. The failure of the 
mounting brackets that attach the power control unit (PCU) to the 
airframe could result in a loss of the rudder actuating system. The 
loss of both rudder PCU actuators could result in free play of the 
rudder control surface and potentially induce a flutter condition.
* * * * *
The unsafe condition is loss of controllability of the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Free-Play Check and Corrective Actions

    (g) Within 6,000 flight hours or 3 years after the effective 
date of this AD, whichever occurs first, do the actions required by 
paragraph (g)(1) or (g)(2) of this AD, as applicable.
    (1) For Model DHC-8-102, -103, -106, -201, -202, -301, -311, and 
-315 airplanes: Install a new CRES mounting adapter with new bolts 
by incorporating MODSUM 8Q101890, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 8-27-110, 
Revision C, dated May 13, 2011.
    (2) For DHC-8-400, -401, and -402 airplanes: Replace the 
existing upper and lower mounting adapters of the PCU with 
redesigned adapters by incorporating MODSUM 4-113655, in accordance 
with the Accomplishment Instructions of Bombardier Service Bulletin 
84-27-53, dated November 26, 2010.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (h) Actions accomplished before the effective date of this AD in 
accordance with Bombardier Service Bulletins 8-27-110, Revision A, 
dated December 3, 2010, and Revision B, dated January 31, 2011, are 
considered acceptable for compliance with the corresponding actions 
specified in paragraph (g)(1) of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (i) 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

[[Page 71472]]

AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Program Manager, Continuing 
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 
410, Westbury, New York 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) 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 assure the product 
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2011-12, 
dated June 6, 2011; Bombardier Service Bulletin 8-27-110, Revision 
C, dated May 13, 2011; and Bombardier Service Bulletin 84-27-53, 
dated November 26, 2010; for related information.

    Issued in Renton, Washington, on November 7, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate Aircraft Certification 
Service.
[FR Doc. 2011-29798 Filed 11-17-11; 8:45 am]
BILLING CODE 4910-13-P
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