[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Proposed Rules]
[Pages 10112-10115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03718]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0143; Project Identifier MCAI-2021-01401-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).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain De Havilland Aircraft of Canada Limited (type certificate 
previously held by Bombardier, Inc.) Model DHC-8-401 and -402 
airplanes. This proposed AD was prompted by reports of a certain bolt 
at the pivot pin link being found missing or having stress corrosion 
cracking. This proposed AD would require a modification to the nose 
landing gear (NLG) shock strut assembly. 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 11, 
2022.

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

[[Page 10113]]

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-2022-0143; 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: Antariksh Shetty, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; 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-2022-0143; Project Identifier 
MCAI-2021-01401-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 
Antariksh Shetty, Aerospace Engineer, Airframe and Propulsion Section, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7300; 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-2009-29R4, dated October 1, 
2021 (TCCA AD CF-2009-29R4) (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-8-401 and -402 airplanes. You may examine the MCAI in 
the AD docket at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0143.
    The FAA issued AD 2021-25-12, Amendment 39-21856 (86 FR 72174, 
December 21, 2021) (AD 2021-25-12), for certain De Havilland Aircraft 
of Canada Limited Model DHC-8-401 and -402 airplanes. AD 2021-25-12 
requires repetitive lubrications of the trailing arm of the NLG, which 
include a general visual inspection of the NLG pivot pin mechanism for 
discrepancies and replacement of missing or damaged bolts. AD 2021-25-
12 also requires revising the existing maintenance or inspection 
program to include new and revised airworthiness limitations (life 
limits for certain bolts). AD 2021-25-12 corresponds to TCCA AD CF-
2009-29R4, except AD 2021-25-12 does not include the modification to 
the NLG shock strut assembly specified in Part I of TCCA AD CF-2009-
29R4. AD 2021-25-12 explained that the FAA was considering further 
rulemaking to require the modification. The FAA has now determined that 
further rulemaking is necessary, and this proposed AD follows from that 
determination.
    The FAA is proposing this AD to address failure of the pivot pin 
retention bolt, which could result in a loss of directional control or 
loss of an NLG tire during takeoff or landing, which could lead to 
runway excursions. See the MCAI for additional background information.

Relationship Between Proposed AD and AD 2021-25-12

    This NPRM does not propose to supersede AD 2021-25-12. Rather, the 
FAA has determined that a stand-alone AD would be more appropriate. 
This proposed AD would require the modification specified in Part I of 
TCCA AD CF-2009-29R4 that was not included in AD 2021-25-12.

Related Service Information Under 1 CFR Part 51

    De Havilland Aircraft of Canada Limited has issued Service Bulletin 
84-32-161, Revision B, dated March 31, 2021, including UTC Aerospace 
Systems Service Bulletin 47100-32-145, Revision 3, dated March 26, 
2021. This service information describes procedures for modifying the 
NLG shock strut assembly by replacing special bolt, part number (P/N) 
47205-1 or 47205-3, with a new retention bolt, P/N NAS6204-14D (the 
modification includes a reverse orientation of the retention bolt and a 
rework of the weight on wheel (WOW) proximity sensor cover to provide 
clearance for the re-oriented retention bolt).
    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.

[[Page 10114]]

Differences Between This Proposed AD and the MCAI or Service 
Information

    This proposed AD would only require the modification specified in 
Part I of TCCA AD CF-2009-29R4. The other actions specified in TCCA AD 
CF-2009-29R4 are required by FAA AD 2021-25-12.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 54 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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4 work-hours x $85 per hour = $340...........................              $8             $348          $18,792
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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-2022-0143; Project 
Identifier MCAI-2021-01401-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by April 11, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited (type 
certificate previously held by Bombardier, Inc.) Model DHC-8-401 and 
-402 airplanes, certificated in any category, serial numbers 4001 
and 4003 and subsequent.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of a certain bolt at the pivot 
pin link being found missing or having stress corrosion cracking. 
The FAA is issuing this AD to address failure of the pivot pin 
retention bolt, which could result in a loss of directional control 
or loss of a nose landing gear (NLG) tire during takeoff or landing, 
which could lead to runway excursions.

(f) Compliance

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

(g) Modification

    For any airplane having an NLG shock strut assembly, part number 
(P/N) 47100-XX (where XX represents any number), that has special 
bolt P/N 47205-1 or 47205-3: Within 1,600 flight cycles or 9 months 
after the effective date of this AD, whichever occurs first, modify 
the NLG shock strut assembly, in accordance with paragraph 3.B., 
``Procedure,'' of the Accomplishment Instructions of De Havilland 
Aircraft of Canada Limited Service Bulletin 84-32-161, Revision B, 
dated March 31, 2021, including UTC Aerospace Systems Service 
Bulletin 47100-32-145, Revision 3, dated March 26, 2021.

(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 Aircraft of Canada Limited 
Service Bulletin 84-32-161, dated April 7, 2020, including UTC 
Aerospace Systems Service Bulletin 47100-32-145, dated April 3, 
2020; or De Havilland Aircraft of Canada Limited Service Bulletin 
84-32-161, Revision A, dated January 27, 2021, including UTC 
Aerospace Systems Service Bulletin 47100-32-145, Revision 2, dated 
January 4, 2021.

(i) 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

[[Page 10115]]

(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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2009-29R4, dated October 1, 2021, 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-2022-0143.
    (2) For more information about this AD, contact Antariksh 
Shetty, Aerospace Engineer, Airframe and Propulsion Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7300; 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 February 15, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-03718 Filed 2-22-22; 8:45 am]
BILLING CODE 4910-13-P