[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Proposed Rules]
[Pages 20459-20461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07985]


 ========================================================================
 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.
 
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 

  Federal Register / Vol. 86, No. 74 / Tuesday, April 20, 2021 / 
Proposed Rules  

[[Page 20459]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0312; Project Identifier MCAI-2020-01376-T]
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-8-102, -
103, and -106 airplanes; Model DHC-8-201 and -202 airplanes; Model DHC-
8-301, -311, and -315 airplanes; and Model DHC-8-400, -401, and -402 
airplanes. This proposed AD was prompted by reports that mounting nuts 
attaching the rudder actuator bracket to the vertical stabilizer have 
been found cracked or missing due to hydrogen embrittlement. This 
proposed AD would require a one-time inspection of the rudder actuator 
bracket mounting nuts, and corrective actions if necessary. 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 June 4, 
2021.

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; telephone 416-375-
4000; fax 416-375-4539; email [email protected]; internet https://dehavilland.com. 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0312; 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, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7329; 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 ADDRESSES. Include ``Docket No. FAA-2021-0312; Project Identifier 
MCAI-2020-01376-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 
the proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Aziz 
Ahmed, Aerospace Engineer, Airframe and Propulsion Section, FAA, New 
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7329; fax 516-794-5531; email [email protected]. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2020-34, dated October 6, 
2020 (TCCA AD CF-2020-34) (also 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-8-102, -103, and -106 airplanes; Model DHC-8-201 and -202 
airplanes; Model DHC-8-301, -311, -314, and -315 airplanes; and Model 
DHC-8-400, -401, and -402 airplanes. Model DHC-8-314 airplanes are not 
certificated by the FAA and are not included on the U.S. type 
certificate data sheet; this proposed AD therefore does not include 
those airplanes in the applicability. You may examine the MCAI in the 
AD docket at https://www.regulations.gov by searching for

[[Page 20460]]

and locating Docket No. FAA-2021-0312.
    This proposed AD was prompted by reports that mounting nuts 
attaching the rudder actuator bracket to the vertical stabilizer have 
been found cracked or missing due to hydrogen embrittlement. The FAA is 
proposing this AD to address the possible loss of the rudder actuator 
bracket, which could result in a dormant disconnection between the 
rudder actuator and the vertical stabilizer. This condition, if not 
addressed, could result in a loss of directional control of the 
aircraft. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    De Havilland has issued Service Bulletin 8-27-123, Revision A, 
dated September 8, 2020; and Service Bulletin 84-27-74, Revision B, 
dated September 8, 2020. This service information specifies procedures 
for doing a detailed visual inspection of the nuts attaching the rudder 
actuator brackets to the rear spar. If the nuts are corroded, cracked, 
or otherwise damaged, or if they are missing, they are replaced. These 
documents are distinct since they apply to different airplane models. 
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 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 AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 69 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
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255          $17,595
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                 Action                          Labor cost                  Parts cost               product
----------------------------------------------------------------------------------------------------------------
Nut replacement........................  2 work-hours x $85 per     Minimal.....................            $170
                                          hour = $170.
----------------------------------------------------------------------------------------------------------------

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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

De Havilland Aircraft of Canada Limited (Type Certificate Previously 
Held by Bombardier, Inc.): Docket No. FAA-

[[Page 20461]]

2021-0312; Project Identifier MCAI-2020-01376-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 4, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited (type 
certificate previously held by Bombardier, Inc.) airplanes, 
certificated in any category, and identified in paragraphs (c)(1) 
through (4) of this AD.
    (1) Model DHC-8-102, -103, and -106 airplanes, as identified in 
De Havilland Service Bulletin 8-27-123, Revision A, dated September 
8, 2020.
    (2) Model DHC-8-201 and -202 airplanes, as identified in De 
Havilland Service Bulletin 8-27-123, Revision A, dated September 8, 
2020.
    (3) Model DHC-8-301, -311, and -315 airplanes, as identified in 
De Havilland Service Bulletin 8-27-123, Revision A, dated September 
8, 2020.
    (4) Model DHC-8-400, -401, and -402 airplanes, as identified in 
De Havilland Service Bulletin 84-27-74, Revision B, dated September 
8, 2020.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Unsafe Condition

    This AD was prompted by reports that mounting nuts attaching the 
rudder actuator bracket to the vertical stabilizer have been found 
cracked or missing due to hydrogen embrittlement. The FAA is issuing 
this AD to address the possible loss of the rudder actuator bracket, 
which could result in a dormant disconnection between the rudder 
actuator and the vertical stabilizer. This condition, if not 
addressed, could result in a loss of directional control of the 
aircraft.

(f) Compliance

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

(g) Required Actions

    Within 8,000 flight hours or 4 years, whichever is earlier, 
after the effective date of this AD: Do a detailed visual inspection 
of the rudder actuator bracket mounting nuts for missing nuts or 
corrosion, cracking, or other damage, in accordance with the 
Accomplishment Instructions of De Havilland Service Bulletin 8-27-
123, Revision A, dated September 8, 2020; or De Havilland Service 
Bulletin 84-27-74, Revision B, dated September 8, 2020; as 
applicable. If any missing nuts or corrosion, cracking, or other 
damage is found, replace the nuts before further flight, in 
accordance with the Accomplishment Instructions of De Havilland 
Service Bulletin 8-27-123, Revision A, dated September 8, 2020; or 
De Havilland Service Bulletin 84-27-74, Revision B, dated September 
8, 2020; as applicable.

(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 Service Bulletin 8-27-123, dated 
December 20, 2019; De Havilland Service Bulletin 84-27-74, dated 
December 20, 2019; or De Havilland Service Bulletin 84-27-74, 
Revision A, dated January 20, 2020; as applicable.

(i) No Reporting Requirement

    Although De Havilland Service Bulletin 8-27-123, Revision A, 
dated September 8, 2020; and De Havilland Service Bulletin 84-27-74, 
Revision B, dated September 8, 2020, specify to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

(j) 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 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2020-34, dated October 6, 2020, 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-2021-0312.
    (2) For more information about this AD, contact Aziz Ahmed, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7329; 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; telephone 
416-375-4000; fax 416-375-4539; email [email protected]; internet 
https://dehavilland.com. 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.

    Issued on April 13, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-07985 Filed 4-19-21; 8:45 am]
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