[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Proposed Rules]
[Pages 12710-12713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5858]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0229; Directorate Identifier 2009-NM-115-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Model DHC-8-400 
Series 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 the 
products listed above. 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: Certain main landing gear components have experienced 
premature failure during certification testing. Revision has been made 
to the DHC-8-400 Maintenance Requirements Manual, Airworthiness 
Limitation Items, to incorporate the revised safe life limits for the 
main landing gear lock actuator assembly, retraction actuator assembly 
rod end and piston, and the upper bearing in the main landing gear 
shock strut assembly. Failure of these components could adversely 
affect the structural integrity of the main landing gear. 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 May 3, 2010.

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 W12-40, 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., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; e[dash]mail 
[email protected]; 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: Craig Yates, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7355; 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-2010-0229; 
Directorate Identifier 2009-NM-115-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy

[[Page 12711]]

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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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-2009-17, 
dated April 22, 2009 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    Certain main landing gear components have experienced premature 
failure during certification testing. Revision has been made to the 
DHC-8-400 Maintenance Requirements Manual, Airworthiness Limitation 
Items, to incorporate the revised safe life limits for the main 
landing gear lock actuator assembly, retraction actuator assembly 
rod end and piston, and the upper bearing in the main landing gear 
shock strut assembly. Failure of these components could adversely 
affect the structural integrity of the main landing gear.
    This [Canadian] directive is issued to ensure safe operation of 
the main landing gear during its service life.
    The corrective actions include revising the Airworthiness 
Limitations Section of the Instructions for Continued Airworthiness, 
replacing the upper bearing on certain airplanes, and replacing certain 
rod ends. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    Bombardier has issued Temporary Revision ALI-82, dated August 15, 
2008; and Temporary Revision ALI-89, dated March 27, 2009; to Part 2, 
Airworthiness Limitation Items, of the Bombardier Dash 8 Q400 
Maintenance Requirements Manual, PSM 1-84-7. 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 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 62 products of U.S. registry. We also estimate that 
it would take about 22 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 about $18,588 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
costs. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $1,268,396, or $20,458 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-2010-0229; Directorate Identifier 
2009-NM-115-AD.


[[Page 12712]]



Comments Due Date

    (a) We must receive comments by May 3, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model DHC-8-400, -401, 
and -402 airplanes, having serial numbers (S/Ns) 4001, 4003, 4004, 
4006, and 4008 through 4227 inclusive, certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (i) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25.1529-1A.

Subject

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

Reason

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

    Certain main landing gear components have experienced premature 
failure during certification testing. Revision has been made to the 
DHC-8-400 Maintenance Requirements Manual, Airworthiness Limitation 
Items (ALI), to incorporate the revised safe life limits for the 
main landing gear lock actuator assembly, retraction actuator 
assembly rod end and piston, and the upper bearing in the main 
landing gear shock strut assembly. Failure of these components could 
adversely affect the structural integrity of the main landing gear.
    This [Canadian] directive is issued to ensure safe operation of 
the main landing gear during its service life.

The corrective actions include revising the Airworthiness 
Limitations Section (ALS) of the Instructions for Continued 
Airworthiness, replacing the upper bearing on certain airplanes, and 
replacing certain rod ends.

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.

Actions

    (g) For Model DHC-8-400, -401, and -402 airplanes having S/Ns 
4001, 4003, 4004, 4006, and 4008 through 4210 inclusive: Do the 
actions specified in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Within 60 days after the effective date of this AD: Revise 
the ALS of the Instructions for Continued Airworthiness by 
incorporating the revised structural safe life limit for the upper 
bearing having part number (P[sol]N) 46114-1, as provided in 
Bombardier Temporary Revision (TR), ALI-82, dated August 15, 2008, 
to Part 2, Airworthiness Limitation Items, of the Bombardier Dash 8 
Q400 Maintenance Requirements Manual (MRM), PSM 1-84-7. The initial 
compliance time for replacing the upper bearing is specified in 
paragraph (g)(2) of this AD.
    (2) Replace the upper bearing having P/N 46114-1 with a new or 
serviceable upper bearing, in accordance with Goodrich Dressed Shock 
Strut Assembly Main Landing Gear Part No. 46100-29/-31/-33/-35/-37/-
39/-41/-43/-45/-47/-49/-51/-53 and -55 Component Maintenance Manual 
with Illustrated Parts List 32-11-03, Revision 11, dated August 22, 
2008, at the applicable time specified in paragraphs (g)(2)(i), 
(g)(2)(ii), and (g)(2)(iii), of this AD.
    (i) For airplanes having accumulated fewer than 15,000 total 
flight cycles as of the effective date of this AD: Replace prior to 
the accumulation of 15,000 total flight cycles.
    (ii) For airplanes having accumulated 15,000 total flight cycles 
or more, but fewer than 20,000 total flight cycles, as of the 
effective date of this AD: Replace prior to the accumulation of 
20,000 total flight cycles.
    (iii) For airplanes having accumulated 20,000 total flight 
cycles or more as of the effective date of this AD: Replace before 
further flight.
    (h) For Model DHC-8-400, -401, and -402 series airplanes having 
S/Ns 4001, 4003, 4004, 4006, and 4008 through 4227 inclusive: Do the 
applicable actions specified in paragraphs (h)(1) and (h)(2) of this 
AD.
    (1) Within 60 days after the effective date of this AD: Revise 
the ALS of the Instructions for Continued Airworthiness to 
incorporate the revised safe life limits for the retraction actuator 
assembly rod end having P[sol]N P3A2750 and P3A2750-1; retraction 
actuator assembly piston having P/N 46570-5; lock actuator cylinder 
assembly having P/N 46601-1/-3; and lock actuator assembly having P/
N 46600-1/-3/-5/-7; as provided in Bombardier TR ALI-89, dated March 
27, 2009, to Part 2, Airworthiness Limitation Items, of the 
Bombardier Dash 8 Q400 MRM, PSM 1-84-7. The initial compliance time 
for the replacement is specified in the TR, except as provided by 
paragraph (h)(2) of this AD.
    (2) For airplanes with a main landing gear retraction actuator 
assembly rod end that has accumulated more than 9,850 total flight 
cycles as of the effective date of this AD: Within 600 flight cycles 
after the effective date of this AD, replace any affected rod end 
having P/Ns P3A2750 and P3A2750-1 with a new or serviceable rod end, 
in accordance with Goodrich Dressed Shock Strut Assembly Main 
Landing Gear Part No. 46100-29/-31/-33/-35/-37/-39/-41/-43/-45/-47/-
49/-51/-53 and -55 Component Maintenance Manual with Illustrated 
Parts List 32-11-03, Revision 11, dated August 22, 2008.
    (i) After accomplishing the revision specified in paragraph 
(g)(1) or (h)(1) of this AD, except as provided in paragraph (j) of 
this AD, no alternative replacement times may be approved for this 
part.

    Note 2: The ALI revisions required by paragraphs (g) and (h) of 
this AD may be done by inserting a copy of Bombardier TRs ALI-82 and 
ALI-89 into Part 2, Airworthiness Limitation Items, of the 
Bombardier Dash 8 Q400 MRM, PSM 1-84-7. When these TRs have been 
included in the general revision of the MRM, the general revision 
may be inserted into the MRM, provided the relevant information in 
the general revision is identical to that in Bombardier TRs ALI-82 
and ALI-89.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information 
as follows: The MCAI and service information do not contain 
replacement procedures for the upper bearings and rod ends. This AD 
requires replacing the upper bearings and rod ends in accordance 
with Goodrich Dressed Shock Strut Assembly Main Landing Gear Part 
No. 46100-29/-31/-33/-35/-37/-39/-41/-43/ -45/-47/-49/-51/-53 and -
55 Component Maintenance Manual with Illustrated Parts List 32-11-
03, Revision 11, dated August 22, 2008.

Other FAA AD Provisions

    (j) 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. 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 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 assure 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 (44 
U.S.C. 3501 et seq.), 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, as described 
in Section 21.197 and Section 21.199 of the Federal Aviation 
Regulations (14 CFR 21.197 and 21.199), are allowed, provided that 
the actions required in paragraph (h) of this AD have been 
accomplished.

Related Information

    (k) Refer to MCAI Canadian Airworthiness Directive CF-2009-17, 
dated April 22, 2009;

[[Page 12713]]

Bombardier TR ALI-82, dated August 15, 2008, and Bombardier TR ALI-
89, dated March 27, 2009, to Part 2, Airworthiness Limitation Items, 
of the Bombardier Dash 8 Q400 Maintenance Requirements Manual, PSM 
1-84-7; and Goodrich Dressed Shock Strut Assembly Main Landing Gear 
Part No. 46100-29/-31/-33/-35/-37/-39/-41/-43/-45/-47/-49/-51/-53 
and -55 Component Maintenance Manual with Illustrated Parts List 32-
11-03, Revision 11, dated August 22, 2008; for related information.

    Issued in Renton, Washington, on March 9, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-5858 Filed 3-16-10; 8:45 am]
BILLING CODE 4910-13-P