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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2022-0593; Project Identifier MCAI-2022-00408-T; Amendment 39-22064; AD 2022-11-14]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule; request for comments.
 SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and -402 airplanes. This AD was prompted by reports that following a main landing gear (MLG) extension, one of the MLGs could not be locked in the gear down position due to deterioration of greasing effectiveness over time. This AD requires repetitive lubrication of the MLG assembly. The FAA is issuing this AD to address the unsafe condition on these products.
 DATES: This AD becomes effective June 21, 2022. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 21, 2022. The FAA must receive comments on this AD by July 21, 2022.
 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 
                        *https://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 final rule, contact De Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email 
                        *thd@dehavilland.com;*
                         internet 
                        *https://dehavilland.com.*
                         You may view this referenced service information 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. It is also available on the internet at 
                        *https://www.regulations.gov*
                         by searching for and locating Docket No. FAA-2022-0593. Examining the AD Docket You may examine the AD docket on the internet at 
                    *https://www.regulations.gov*
                     by searching for and locating Docket No. FAA-2022-0593; 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, any comments received, and other information. The street address for the Docket Operations office is listed above. Comments will be available in the AD docket shortly after receipt.
 FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 
                        *9-avs-nyaco-cos@faa.gov.*


SUPPLEMENTARY INFORMATION: Background Transport Canada Civil Aviation (TCCA) which is the aviation authority for Canada, has issued TCCA AD CF-2022-12, dated March 21, 2022 (referred to after this as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and -402 airplanes. You may examine the MCAI on the internet at 
                    *https://www.regulations.gov*
                     by searching for and locating Docket No. FAA-2022-0593. This AD was prompted by reports that following a MLG extension, one of the MLGs could not be locked in the gear down position due to deterioration of greasing effectiveness over time. The deterioration of grease affects the MLG assembly, including the lock actuator assembly, stabilizer brace to nacelle structure attachment, downlock assembly, stabilizer brace pivot, stabilizer brace to yoke attachment and retractor actuator lug end. An increase in friction within the MLG assembly (mechanism) could lead to failure to achieve an MLG down and locked condition. The FAA is issuing this AD to address this condition, which could result in a MLG collapse upon landing and consequently could cause the wing of the airplane to make contact with the ground and cause the airplane to flip. See the MCAI for additional background information. Related Service Information Under 1 CFR Part 51 De Havilland Aircraft of Canada Limited has issued Service Bulletin 84-32-168, Revision A, dated February 8, 2022. This service information describes procedures for repetitive lubrication of the MLG assembly, which includes the lock actuator assembly, stabilizer brace to nacelle structure attachment, downlock assembly, stabilizer brace pivot, stabilizer brace to yoke attachment and retractor actuator lug end. This service information 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 the State of Design Authority, the FAA has been notified of the unsafe condition described in the MCAI and service information referenced above. The FAA is issuing this AD because the FAA 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. Requirements of This AD This AD requires accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between this AD and the MCAI or Service Information.” Differences Between This AD and Service Information Paragraph 3.B. of the Accomplishment Instructions of De Havilland Aircraft of Canada Limited Service Bulletin 84-32-168, Revision A, dated February 8, 2022, specifies to do a review of the maintenance records to verify the elapsed time from the last greasing operation on the MLG; and for airplanes on which it has been over 3 months since the last greasing, perform greasing on the MLG assembly. However, this AD requires lubricating the MLG assembly within 500 flight hours or 3 months, whichever occurs 
                    ( print page 34130)
                    first after the effective date of this AD and thereafter at intervals not to exceed 500 flight hours or 3 months, whichever occurs first. FAA's Justification and Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the FAA received reports that following a MLG extension, one of the MLGs could not be locked in the gear down position due to deterioration of greasing effectiveness over time. The deterioration of grease affects the MLG assembly, including the lock actuator assembly, stabilizer brace to nacelle structure attachment, downlock assembly, stabilizer brace pivot, stabilizer brace to yoke attachment and retractor actuator lug end. An increase in friction within the MLG assembly (mechanism) could lead to failure to achieve an MLG down and locked condition and result in an MLG collapse upon landing. For certain Model DHC-8-401 and -402 airplanes, a MLG collapse could cause the wing of the airplane to make contact with the ground as the wing on the collapsed MLG side may dig in to the runway and cause the airplane to flip. Therefore, the FAA finds good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reasons stated above, the FAA finds that good cause exists for making this amendment effective in less than 30 days. Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under 
                    **ADDRESSES**
                    . Include “Docket No. FAA-2022-0593; Project Identifier MCAI-2022-00408-T” at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, 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 this final rule 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 
                    *https://www.regulations.gov,*
                     including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule. 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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 
                    *9-avs-nyaco-cos@faa.gov.*
                     Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Regulatory Flexibility Act (RFA) The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance The FAA estimates that this AD affects 41 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: Estimated Costs for Required Actions
Labor cost
Parts cost
Cost per
                             product
Cost on
                             U.S. operators2 work-hour × $85 per hour = $170
$0
$170
$6,970
 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 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 that this AD: (1) Is not a “significant regulatory action” under Executive Order 12866, and (2) Will not affect intrastate aviation in Alaska. List of Subjects in 14 CFR Part 39 Air transportation
Aircraft
Aviation safety
Incorporation by reference
Safety
 Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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: **2022-11-14 De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.):**
                             Amendment 39-22064; Docket No. FAA-2022-0593; Project Identifier MCAI-2022-00408-T. (a) Effective Date This airworthiness directive (AD) becomes effective June 21, 2022. (b) Affected ADs None. (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, serial numbers 4001, 4003 and subsequent. (d) Subject Air Transport Association (ATA) of America Code 32, Landing gear. (e) Reason This AD was prompted by reports that following a main landing gear (MLG) extension, one of the MLGs could not be locked in the gear down position due to deterioration of greasing effectiveness over time. An increase in friction within the MLG assembly (mechanism) could lead to failure to achieve an MLG down and locked condition. The FAA is issuing this AD to address this condition, which could result in a MLG collapse upon landing and consequently could cause the wing of the airplane to make contact with the ground and cause the airplane to flip. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Repetitive Lubrication of the MLG Assembly Within 500 flight hours or 3 months, whichever occurs first after the effective date of this AD: Lubricate the MLG assembly in accordance with paragraph 3.B.(2) of the Accomplishment Instructions of De Havilland Aircraft of Canada Limited Service Bulletin 84-32-168, Revision A, dated February 8, 2022. Thereafter repeat the lubrication of the MLG assembly at intervals not to exceed 500 flight hours or 3 months, whichever occurs first. (h) Credit for Previous Actions This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using De Havilland Aircraft of Canada Limited Service Bulletin 84-32-168, dated December 3, 2021. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) 
                            *Alternative Methods of Compliance (AMOCs):*
                             The Manager, New York ACO 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 responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the certification office, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO Branch, 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 responsible Flight Standards Office. (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, New York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or De Havilland Aircraft of Canada Limited's TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (j) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Transport Canada Civil Aviation AD CF-2022-12, dated March 21, 2022, for related information. This MCAI may be found in the AD docket on the internet at 
                            *https://www.regulations.gov*
                             by searching for and locating Docket No. FAA-2022-0593. (2) For more information about this AD, contact Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 
                            *9-avs-nyaco-cos@faa.gov.* (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (k)(3) and (4) of this AD. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) De Havilland Aircraft of Canada Limited Service Bulletin 84-32-168, Revision A, dated February 8, 2022. (ii) [Reserved] (3) For service information identified in this AD, contact De Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email 
                            *thd@dehavilland.com;*
                             internet 
                            *https://dehavilland.com.* (4) You may view this service information 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 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, email 
                            *fr.inspection@nara.gov,*
                             or go to: 
                            *https://www.archives.gov/​federal-register/​cfr/​ibr-locations.html.* Issued on May 24, 2022. Ross Landes, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service.


[FR Doc. 2022-12224 Filed 6-2-22; 4:15 pm] BILLING CODE 4910-13-P