[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Proposed Rules]
[Pages 72424-72426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25692]



[[Page 72424]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1482; Project Identifier MCAI-2022-00697-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 Model DHC-8-401 and 
-402 airplanes. This proposed AD was prompted by an investigation of 
incorrectly manufactured sleeves that were potentially installed in the 
main landing gear (MLG) forward door linkage assembly. This proposed AD 
would require review of technical records and inspections to determine 
if a discrepant sleeve is installed, replacement of any discrepant 
sleeve and re-identification of the MLG forward door linkage assembly. 
This proposed AD would also prohibit the installation of affected 
parts. 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 January 9, 
2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1482; 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 mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
De Havilland Aircraft of Canada Limited, Dash 8 Series Customer 
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9, 
Canada; telephone North America (toll-free): 855-310-1013, Direct: 647-
277-5820; email dehavilland.com">thd@dehavilland.com; website dehavilland.com.
     For service information identified in this NPRM, contact 
De Havilland Aircraft of Canada Limited, Dash 8 Series Customer 
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9, 
Canada; telephone North America (toll-free): 855-310-1013, Direct: 647-
277-5820; email dehavilland.com">thd@dehavilland.com; website 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.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aerospace Engineer, 
Mechanical Systems and Administrative Services 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-2022-1482; Project Identifier 
MCAI-2022-00697-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 
this 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 
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 
Gabriel Kim, Aerospace Engineer, Mechanical Systems and Administrative 
Services 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, which is the aviation authority for Canada, has 
issued AD CF-2022-29, dated May 27, 2022 (Transport Canada AD CF-2022-
29) (also referred to as the MCAI), to correct an unsafe condition for 
certain De Havilland Aircraft of Canada Limited (Type Certificate 
Previously Held by Bombardier, Inc.) airplanes. The MCAI states that 
some forward door linkage sleeves, part number (P/N) 46878-1, have been 
manufactured without lubrication grooves on the outer diameter. An 
investigation confirmed that incorrectly manufactured sleeves were 
potentially supplied from October 2019 to July 2021. A discrepant 
sleeve with missing lubrication grooves can result in the fatigue 
failure of the forward door linkage, leading to possible interference 
with the extension or retraction of the corresponding MLG. This 
condition, if not corrected and when combined with other failures, 
could result in an asymmetric MLG configuration at landing and a 
subsequent runway excursion.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1482.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed De Havilland Aircraft of Canada Limited Service 
Bulletin (SB) 84-32-169, dated February 28, 2022. This service 
information specifies procedures for

[[Page 72425]]

review of the airplane records to determine the date of replacement, if 
any, of sleeve P/N 46878-1, a visual inspection of affected sleeves for 
the presence of lubrication grooves, and a visual inspection of the 
swivel link, clevis assembly, and swivel end assembly for discrepancies 
including signs of damage, deformation, erosion, and corrosion. 
Corrective actions include replacement of any sleeve that has missing 
lubrication grooves; repair or replacement of any discrepant swivel 
link, clevis assembly, and swivel end assembly; and re-identification 
of the forward door linkage. Assemble the forward door linkage, torque 
self-locking nuts, and re-install the forward door linkage assemblies.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

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, it 
has notified the FAA of the unsafe condition described in the MCAI 
described above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in 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. This proposed AD would 
also prohibit the installation of affected parts.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 56 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          $14,280
----------------------------------------------------------------------------------------------------------------

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

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255 to           $1,284           $1,539
 replace the sleeve...................
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    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this proposed AD.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

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-2022-1482; Project 
Identifier MCAI-2022-00697-T.

[[Page 72426]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 9, 2023.

(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, 
4003 and subsequent.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by an investigation of incorrectly 
manufactured sleeves that were potentially installed in the main 
landing gear (MLG) forward door linkages. The FAA is issuing this AD 
to address the discrepant sleeves with missing lubrication grooves, 
which can result in the fatigue failure of the forward door linkage, 
leading to possible interference with the extension or retraction of 
the corresponding MLG. The unsafe condition, if not corrected and 
when combined with other failures, could result in an asymmetric MLG 
configuration at landing and a subsequent runway excursion.

(f) Compliance

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

(g) Airplane Records Review

    Within 30 days after the effective date of this AD, review the 
airplane records to determine whether any sleeve P/N 46878-1 was 
replaced after October 29, 2019, on any MLG forward door linkage 
assembly P/N 46860.
    (1) For any sleeve P/N 46878-1 that was replaced after October 
29, 2019, and for any sleeve for which its replacement date cannot 
be conclusively determined from the records: Within 1,500 flight 
cycles after the effective date of this AD, do the actions specified 
in paragraphs (g)(1)(i) and (ii) of this AD, in accordance with 
Section 3.B. of the Accomplishment Instructions of De Havilland 
Aircraft of Canada Limited Service Bulletin (SB) 84-32-169, dated 
February 28, 2022.
    (i) Do a general visual inspection of the sleeve for the 
presence of lubrication grooves, and before further flight replace 
any sleeve that does not have lubrication grooves.
    (ii) Do a general visual inspection of the MLG forward door 
linkage assemblies (swivel link, clevis assembly, and swivel end 
assembly) for damage, deformation, erosion, and corrosion, and 
before further flight repair or replace the discrepant parts.
    (2) If the records confirm that no maintenance was performed on 
the MLG forward door linkage assembly P/N 46860 after October 29, 
2019, no further action is required by this paragraph.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on 
any airplane, a sleeve P/N 46878-1 with missing lubrication grooves.

(i) Additional 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 the attention of the person identified in 
paragraph (j)(2) of this AD. Information may be emailed to: [email protected] or 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. 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; or De Havilland Aircraft of Canada 
Limited's Transport Canada Design Approval Organization (DAO). If 
approved by the DAO, the approval must include the DAO-authorized 
signature.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-29, dated May 27, 2022, 
for related information. This Transport Canada AD may be found in 
the AD docket at regulations.gov under Docket No. FAA-2022-1482.
    (2) For more information about this AD, contact Gabriel Kim, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) De Havilland Aircraft of Canada Limited Service Bulletin 
(SB) 84-32-169, dated February 28, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact De 
Havilland Aircraft of Canada Limited, Dash 8 Series Customer 
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9, 
Canada; telephone North America (toll-free): 855-310-1013, Direct: 
647-277-5820; email dehavilland.com">thd@dehavilland.com; website dehavilland.com.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 15, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-25692 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P