[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Proposed Rules]
[Pages 10344-10346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03353]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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. 85, No. 36 / Monday, February 24, 2020 / 
Proposed Rules  

[[Page 10344]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0101; Product Identifier 2019-NM-190-AD]
RIN 2120-AA64


Airworthiness Directives; De Havilland Aircraft of Canada Limited 
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain De Havilland Aircraft of Canada Limited Model DHC-8-400 
series airplanes. This proposed AD was prompted by a report that 
certain elevator power control unit (PCU) arm fittings have 
nonconforming fillet radii. This proposed AD would require an 
inspection for affected elevator PCU assemblies, inspections of 
affected elevator PCU arm fittings for nonconforming fillet radii and 
cracks, replacement if necessary, and re-identification of the affected 
elevator PCU assemblies. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 9, 
2020.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact De 
Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk, 123 
Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; phone: 416-375-
4000; fax: 416-375-4539; email: [email protected]; internet: https://dehavilland.com. You may view this service information at the FAA, 
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 206-
231-3195.

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-2020-
0101; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; phone: 516-228-7330; fax: 516-
794-5531; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2020-0101; 
Product Identifier 2019-NM-190-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2019-36, dated October 
18, 2019 (``AD CF-2019-36'') (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-8-400 series airplanes. You may examine the MCAI in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2020-0101.
    This proposed AD was prompted by a report that certain elevator PCU 
arm fittings have nonconforming fillet radii. The FAA is proposing this 
AD to address elevator PCU assemblies with nonconforming fillet radii, 
which could lead to premature failure of the fitting and a jam in one 
elevator; if the fittings on both elevators fail, a complete loss of 
elevator control could occur. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    De Havilland has issued Service Bulletin 84-55-10, Revision A, 
dated July 25, 2019. This service information describes procedures for 
an inspection for affected elevator PCU assemblies, inspections of 
affected elevator PCU arm fittings for nonconforming fillet radii and 
cracks, replacement if necessary, and re-identification of the affected 
elevator PCU assemblies. 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 proposing this AD 
because the FAA

[[Page 10345]]

evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information described previously, except as discussed 
under ``Differences Between this Proposed AD and the MCAI or Service 
Information.''

Differences Between This Proposed AD and the MCAI or Service 
Information

    Canadian AD CF-2019-36 specifies to do the required inspections 
before accumulating 8,000 flight cycles from the effective date of 
Canadian AD CF-2019-36, or before accumulating 30,000 total flight 
cycles, whichever occurs first. TCCA's risk assessment was developed 
using flight cycles on the elevator PCU assembly (which was 
inadvertently omitted from the Canadian AD). The FAA has determined 
that using the compliance times specified in the Canadian AD could 
inadvertently ground certain airplanes. Therefore, the FAA finds that 
the inspection must be accomplished within 8,000 flight cycles on the 
elevator PCU assembly after the effective date of this AD, or before 
the accumulation of 30,000 total flight cycles on the elevator PCU 
assembly, whichever occurs first, which represents an appropriate 
interval of time for affected airplanes to continue to operate without 
compromising safety.

Costs of Compliance

    The FAA estimates that this proposed AD affects 38 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                       Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................              $0             $425          $16,150
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition replacement that would be required based on the results of 
any required inspections. The FAA has no way of determining the number 
of aircraft that might need this on-condition replacement:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                            Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
14 work-hours x $85 per hour = $1,190...  Up to $9,060 ($1,510 per          Up to $10,250.
                                           elevator PCU arm fittings--6
                                           total per airplane).
----------------------------------------------------------------------------------------------------------------

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 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) Will not affect intrastate aviation in Alaska, 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.

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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

De Havilland Aircraft of Canada Limited (Type Certificate Previously 
Held by Bombardier, Inc.): Docket No. FAA-2020-0101; Product 
Identifier 2019-NM-190-AD.

(a) Comments Due Date

    The FAA must receive comments by April 9, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited Model 
DHC-8-400, -401, and -402 series airplanes, certificated in any 
category, serial numbers 4001 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

[[Page 10346]]

(e) Reason

    This AD was prompted by a report that certain elevator power 
control unit (PCU) arm fittings have nonconforming fillet radii. The 
FAA is issuing this AD to address elevator PCU assemblies with 
nonconforming fillet radii, which could lead to premature failure of 
the fitting and a jam in one elevator; if the fittings on both 
elevators fail, a complete loss of elevator control could occur.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definition

    Affected elevator PCU assemblies are those having part number 
85527021-005 or 85527021-006, and having serial number MMC4255 
through MMC4276 inclusive.

(h) Inspections

    For airplanes having serial numbers 4001 through 4620 inclusive, 
within 8,000 flight cycles on the elevator PCU assembly after the 
effective date of this AD, or before the accumulation of 30,000 
total flight cycles on the elevator PCU assembly, whichever occurs 
first: Do the actions specified in paragraphs (h)(1) and (2) of this 
AD.
    (1) Inspect to determine the part number and serial number of 
each elevator PCU assembly installed on the airplane. A review of 
airplane maintenance records is acceptable in lieu of this 
inspection if the part number and serial number of the elevator PCU 
assembly can be conclusively determined from that review.
    (2) If, during any inspection or records review required by 
paragraph (h)(1) of this AD, any affected elevator PCU assembly is 
found, do a detailed inspection of the elevator PCU arm fittings for 
undersized fillet radii and cracks of the fillet radii in accordance 
with Part A of the Accomplishment Instructions of de Havilland 
Service Bulletin 84-55-10, Revision A, dated July 25, 2019. If no 
undersized fillet radii or cracks of the fillet radii are found, 
before further flight, re-identify the affected elevator PCU 
assembly in accordance with the Accomplishment Instructions of de 
Havilland Service Bulletin 84-55-10, Revision A, dated July 25, 
2019.

(i) Corrective Actions

    If during any inspection of the elevator PCU arm fittings 
required by paragraph (h)(2) of this AD, any undersized fillet radii 
or cracks of the fillet radii are found, before further flight, 
replace the elevator PCU arm fittings and re-identify each affected 
elevator PCU assembly in accordance with Part B of the 
Accomplishment Instructions of de Havilland Service Bulletin 84-55-
10, Revision A, dated July 25, 2019.

(j) Parts Installation Limitation

    As of the effective date of this AD, no person may install an 
affected elevator PCU assembly, on any airplane, unless it has been 
re-identified in accordance with the Accomplishment Instructions of 
de Havilland Service Bulletin 84-55-10, Revision A, dated July 25, 
2019.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (h) and (i) of this AD, if those actions were performed 
before the effective date of this AD using de Havilland Service 
Bulletin 84-55-10, dated May 29, 2019.

(l) No Reporting Requirement

    Although de Havilland Service Bulletin 84-55-10, Revision A, 
dated July 25, 2019, specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

(m) 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 principal 
inspector or local Flight Standards District 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; phone: 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.
    (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.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2019-36, dated October 18, 2019, 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-2020-0101.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 516-228-7330; fax: 516-794-5531; email: [email protected].
    (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; phone: 416-
375-4000; fax: 416-375-4539; email: [email protected]; internet: 
https://dehavilland.com. You may view this service information at 
the FAA, Transport Standards Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195.

    Issued on February 14, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-03353 Filed 2-21-20; 8:45 am]
 BILLING CODE 4910-13-P