[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Proposed Rules]
[Pages 55296-55298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22710]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0916; Directorate Identifier 2011-NM-127-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model DHC-8-300 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 that would supersede an existing AD. 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 cases of aileron terminal quadrant support brackets that 
were manufactured using sheet metal have been found cracked on DHC-8 
Series 300 aircraft. Investigation revealed that the failure of the 
support bracket was due to fatigue. Failure of the aileron terminal 
quadrant support bracket could result in an adverse reduction of 
aircraft roll control.
* * * * *
These conditions could result in loss of control 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 October 24, 
2011.

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., Q-Series Technical Help Desk, 123 Garratt Boulevard, 
Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-
4539; e-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

[[Page 55297]]

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: Aziz Ahmed, 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) 228-7329; 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-2011-0916; 
Directorate Identifier 2011-NM-127-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

    On December 16, 2010, we issued AD 2010-26-13, Amendment 39-16553 
(75 FR 81420, December 28, 2010). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2010-26-13, we have determined there is a 
typographical error in paragraph (g)(2) of AD 2010-26-13. Paragraph 
(g)(2) of AD 2010-26-13 requires installing a new aileron input 
quadrant support bracket ``before the accumulation of 33,000 total 
flight cycles or within 6,000 flight hours after the effective date of 
this AD, whichever occurs first.'' The compliance time of ``33,000 
total flight cycles,'' should have been ``33,000 total flight hours.'' 
We have revised paragraph (g)(2) of this proposed AD to include the 
33,000 total flight hours compliance time.

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 13 products of U.S. registry.
    The actions that are required by AD 2010-26-13 and retained in this 
proposed AD take about 72 work-hours per product, at an average labor 
rate of $85 per work hour. Required parts cost about $1,080 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 parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, the estimated cost of the currently 
required actions is $93,600, or $7,200 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 removing Amendment 39-16553 (75 FR 
81420, December 28, 2010) and adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2011-0916; Directorate Identifier 
2011-NM-127-AD.

Comments Due Date

    (a) We must receive comments by October 24, 2011.

Affected ADs

    (b) This AD supersedes AD 2010-26-13, Amendment 39-16553 (75 FR 
81420, December 28, 2010).

[[Page 55298]]

Applicability

    (c) This AD applies to Bombardier, Inc. Model DHC-8-301, -311, 
and -315 airplanes, certificated in any category; having serial 
numbers 100 through 530 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

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

    Several cases of aileron terminal quadrant support brackets that 
were manufactured using sheet metal have been found cracked on DHC-8 
Series 300 aircraft. Investigation revealed that the failure of the 
support bracket was due to fatigue. Failure of the aileron terminal 
quadrant support bracket could result in an adverse reduction of 
aircraft roll control.
* * * * *
These conditions could result in loss of control 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.

Restatement of Requirements of AD 2010-26-13, With Reduced Compliance 
Time and No New Service Information

Actions

    (g) For airplanes with an aileron terminal quadrant support 
bracket having part number (P/N) 85711569: At the applicable times 
specified in paragraph (g)(1) or (g)(2) of this AD, install a new 
aileron input quadrant support bracket by incorporating MODSUM 
8Q101250, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 8-57-43, Revision B, dated October 7, 
2009.
    (1) For airplanes that have accumulated 30,000 total flight 
hours or more as of February 1, 2011 (the effective date of AD 2010-
26-13): Within 3,000 flight hours after February 1, 2011.
    (2) For airplanes that have accumulated less than 30,000 total 
flight hours as of February 1, 2011: At the earlier of the times of 
paragraphs (g)(2)(i) and (g)(2)(ii).
    (i) Before the accumulation of 33,000 total flight cycles or 
within 6,000 flight hours after February 1, 2011, whichever occurs 
first.
    (ii) Before the accumulation of 33,000 total flight hours or 
within 6,000 flight hours after the effective date of this AD, 
whichever occurs first.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (h) Doing the installation by incorporating MODSUM 8Q101250 is 
also acceptable for compliance with the requirements of paragraph 
(g) of this AD if done before February 1, 2011, in accordance with 
Bombardier Service Bulletin 8-57-43, dated August 9, 2002; or 
Bombardier Service Bulletin 8-57-43, Revision A, dated January 17, 
2003.

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 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 New York ACO, send it 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-2009-45, 
dated December 11, 2009; and Bombardier Service Bulletin 8-57-43, 
Revision B, dated October 7, 2009; for related information.

    Issued in Renton, Washington, on August 29, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-22710 Filed 9-6-11; 8:45 am]
BILLING CODE 4910-13-P