[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Proposed Rules]
[Pages 43545-43547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18145]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0724; Directorate Identifier 2012-NM-043-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 supersede an existing airworthiness directive 
(AD) that applies to certain Bombardier, Inc. Model DHC-8-400 series 
airplanes. The existing AD currently requires a modification to trim 
the edge of the bumper plate, including performing an inspection for 
damage or cracks of the bumper plate and base fitting, and replacing 
any damaged or cracked part. That AD also currently requires, for 
certain airplanes, reidentifying the bumper plate. Since we issued that 
AD, we have determined that an operational check must be done after 
reidentifying the bumper plate to ensure the identified unsafe 
condition is addressed. This proposed AD would require, for airplanes 
on which the reidentification is done, an operational check of the 
alternate extension system of the main landing gear (MLG), and repair 
if necessary. We are proposing this AD to detect and correct failure of 
the MLG to extend and lock, which could adversely affect the safe 
landing of the airplane.

DATES: We must receive comments on this proposed AD by September 10, 
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 [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: 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-2012-0724; 
Directorate Identifier 2012-NM-043-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

[[Page 43546]]

substantive verbal contact we receive about this proposed AD.

Discussion

    On July 29, 2011, we issued AD 2011-17-04, Amendment 39-16768 (76 
FR 50403, August 15, 2011). That AD required actions intended to 
address an unsafe condition on certain Bombardier, Inc. Model DHC-8-
400, -401, and -402 airplanes.
    Since we issued AD 2011-17-04, Amendment 39-16768 (76 FR 50403, 
August 15, 2011), we have determined that an operational check must be 
done after reidentifying the bumper plate to ensure the identified 
unsafe condition is addressed. This action is also included in Canadian 
Airworthiness Directive CF-2010-23, dated July 21, 2010 (referred to 
after this as ``the MCAI''). The MCAI states:

    One in-service incident has been reported on [a] DHC-8 Series 
400 aeroplane in which the right hand main landing gear (MLG) failed 
to extend using the alternate gear extension system. Investigation 
determined that the tread on the outboard tire was catching on the 
bumper plate located on the outboard MLG door that prevented the MLG 
door to open following an extension attempt via the alternate 
extension system. Failure of [the] MLG to extend and lock could 
adversely affect the safe landing of the aeroplane.
    To prevent the potential jam condition between the bumper plate 
and the MLG tires, Bombardier Aerospace has developed a modification 
to trim the edge of the bumper plate to eliminate the possibility of 
interference [Bombardier Modsum 4-113645].

The Modsum includes performing a detailed visual inspection for damage 
or cracks of the bumper plate and base fitting and replacing any 
damaged or cracked part with a new part, if necessary. You may obtain 
further information by examining the MCAI in the AD docket.

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 65 products of U.S. registry.
    The actions that are required by AD 2011-17-04, Amendment 39-16768 
(76 FR 50403, August 15, 2011), and retained in this proposed AD take 
about 8 work-hours per product, at an average labor rate of $85 per 
work hour. Required parts would cost about $479 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, the cost of the currently required actions is $1,159 per 
product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $5,525, or $85 per 
product.
    We have received no definitive data that would enable us to provide 
a cost estimate for the on-condition actions specified in this proposed 
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 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 airworthiness directive 
(AD) 2011-17-04, Amendment 39-16768 (76 FR 50403, August 15, 2011), and 
adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2012-0724; Directorate Identifier 
2012-NM-043-AD.

(a) Comments Due Date

    We must receive comments by September 10, 2012.

(b) Affected ADs

    This AD supersedes AD 2011-17-04, Amendment 39-16768 (76 FR 
50403, August 15, 2011).

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes, certificated in any category, having serial numbers 
4001 through 4247 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by one in-service incident reported on a 
DHC-8-400 airplane in which the right hand main landing gear

[[Page 43547]]

(MLG) failed to extend using the alternate gear extension system. We 
are issuing this AD to detect and correct failure of the MLG to 
extend and lock, which could adversely affect the safe landing of 
the airplane.

(f) Compliance

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

(g) Retained Actions for All Airplanes

    Within 2,000 flight hours after September 19, 2011 (the 
effective date of AD 2011-17-04, Amendment 39-16768 (76 FR 50403, 
August 15, 2011): Incorporate Bombardier Modsum 4-113645, including 
performing a detailed visual inspection for damage or cracks of the 
bumper plate and base fitting and replacing any damaged or cracked 
part, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-32-74, Revision A, dated May 17, 
2010. Do all applicable replacements before further flight.

    Note 1 to paragraphs (g) and (h) of this AD:  Bombardier Service 
Bulletin 84-32-74, Revision A, dated May 17, 2010, includes an 
operational check of the alternate extension system of the MLG. If 
the operational check fails, guidance on doing corrective actions 
can be found in the Bombardier Q400 Dash 8 Aircraft Maintenance 
Manual.

(h) Retained Actions for Airplanes Having Certain Bumper Plates

    For airplanes on which a bumper plate having part number 
85424082-101 or 85424082-103 is installed on which the rework 
specified in Bombardier Repair Drawing 8/4-54-553 has been done: 
Within 1,000 flight hours after September 19, 2011 (the effective 
date of AD 2011-17-04, Amendment 39-16768 (76 FR 50403, August 15, 
2011), reidentify the bumper plate, in accordance with paragraph 
3.B., step (8) of the Accomplishment Instructions of Bombardier 
Service Bulletin 84-32-74, Revision A, dated May 17, 2010.

(i) Retained Credit for Previous Actions

    This paragraph provides credit for the modification required by 
paragraph (h) of this AD by incorporation of Bombardier Modsum 4-
113645 before September 19, 2011 (the effective date of AD 2011-17-
04, Amendment 39-16768 (76 FR 50403, August 15, 2011), if the 
modification was performed using Bombardier Service Bulletin 84-32-
74, dated December 23, 2009; and provided the modification is done 
within the compliance time specified in paragraph (h) of this AD.

(j) New Requirements of This AD: Operational Check for Airplanes on 
Which the Action Required by Paragraph (h) Is Done

    Concurrently with doing the actions required by paragraph (h) of 
this AD, or within 30 days after the effective date of this AD, 
whichever occurs later: Perform an operational check of the 
alternate extension system of the MLG, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-32-74, 
Revision A, dated May 17, 2010. If the operational check fails, 
before further flight, repair in accordance with a method approved 
by either the Manager, New York Aircraft Certification Office (ACO), 
FAA; or the Transport Canada Civil Aviation (TCCA) (or its delegated 
agent).

    Note 2 to paragraph (j) of this AD: If the operational check 
fails, guidance on doing the repair can be found in the Bombardier 
Q400 Dash 8 Aircraft Maintenance Manual.

(k) 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, provided the operational check specified in 
paragraph (j) of this AD is done within the compliance time 
specified in paragraph (g) of this AD, or within 30 days after the 
effective date of this AD, whichever occurs later, using Bombardier 
Service Bulletin 84-32-74, dated December 23, 2009.

(l) Other FAA AD Provisions

    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 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.

(m) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2010-23, 
dated July 21, 2010; and Bombardier Service Bulletin 84-32-74, 
Revision A, dated May 17, 2010; for related information.
    (2) 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 [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, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on July 17, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-18145 Filed 7-24-12; 8:45 am]
BILLING CODE 4910-13-P