[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Proposed Rules]
[Pages 78881-78883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27876]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1653; Project Identifier MCAI-2022-01193-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-8-400 
series airplanes. This proposed AD was prompted by reports of flap 
power unit (FPU) pressure switch failures resulting in flap inoperative 
events. This proposed AD would require replacing the FPU pressure 
switch or the FPU. 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 February 6, 
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-2022-1653; 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.
     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-2022-1653; Project Identifier

[[Page 78882]]

MCAI-2022-01193-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-2022-52, dated September 1, 2022 (Transport Canada AD CF-
2022-52) (also referred to as the MCAI), to correct an unsafe condition 
for certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and 
-402 airplanes. The MCAI states there have been increasing reports of 
FPU pressure switch failures, part number (P/N) 150135-1 or P/N 162660-
1, over the past year leading to a high number of flap inoperative 
events in flight and on the ground. An investigation has determined the 
root cause to be a deformation of the FPU pressure switch internal 
mechanism due to hydraulic pressure spikes. If not corrected, a failed 
FPU pressure switch could lead to a failure of the FPU resulting in 
abnormal flap landings and increased landing distances, which could 
require the use of emergency landing procedures and/or airfield 
diversions. The improved pressure switch, P/N 162660-2, has a 
restrictor insert in the pressure switch inlet.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1653.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed De Havilland Aircraft of Canada Limited (DHC) 
Service Bulletin (SB) 84-27-75, dated June 23, 2022 (SB 84-27-75). SB 
84-27-75 is a combined service bulletin consisting of DHC SB 84-27-75 
and Collins Aerospace SB 27-0029, Basic Issue, dated June 13, 2022. 
This service information specifies procedures for replacing FPU P/N 
C148656-1 or C148656-2 with a new FPU P/N C148656-3, or replacing FPU 
pressure switch P/N 150135-1 or 162660-1 within the FPU with a new 
pressure switch P/N 162660-2 and re-identifying the FPU as P/N C148656-
3. 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 53 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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              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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Up to 6 work-hours x $85 per hour =    Up to $3,000...........  Up to $3,510...........  Up to $186,030.
 Up to $510.
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    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

[[Page 78883]]

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-2022-1653; Project 
Identifier MCAI-2022-01193-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 6, 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 
and 4003 through 4633 inclusive.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of flap power unit (FPU) 
pressure switch failures resulting in flap inoperative events. The 
FAA is issuing this AD to address FPU pressure switch failures. The 
unsafe condition, if not addressed, could result in abnormal flap 
landings and increased landing distances, which could require the 
use of emergency landing procedures and/or airfield diversions.

(f) Compliance

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

(g) Requirements

    Within 8,000 flight hours or 48 months after the effective date 
of this AD, whichever occurs first: Do the actions specified in 
either paragraph (g)(1) or (2) of this AD.
    (1) Replace FPU part number (P/N) C148656-1 or C148656-2 with P/
N C148656-3 in accordance with Section 3.B. paragraph (1), of the 
Accomplishment Instructions of De Havilland Aircraft of Canada 
Limited Service Bulletin 84-27-75, dated June 23, 2022.
    (2) Replace FPU pressure switch P/N 150135-1 or 162660-1 with P/
N 162660-2 in accordance with Section 3.B. paragraph (2), of the 
Accomplishment Instructions of De Havilland Aircraft of Canada 
Limited Service Bulletin 84-27-75, dated June 23, 2022, and 
reidentify the FPU as P/N C148656-3 in accordance with Section 3.C 
of the Accomplishment Instructions of Collins Aerospace S B 27-0029, 
Basic Issue, dated June 13, 2022.
    Note 1 to paragraph (g): The service information referred to De 
Havilland Aircraft of Canada Limited (DHC) Service Bulletin (SB) 84-
27-75, dated June 23, 2022, is a combined service bulletin 
consisting of DHC SB 84-27-75 and Collins Aerospace SB 27-0029, 
Basic Issue, dated June 13, 2022.

(h) Parts Installation Prohibition

    As of the effective date of this AD, do not install a FPU having 
P/N C148656-1 or C148656-2 or a FPU pressure switch having P/N 
150135-1 or 162660-1.

(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 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 Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(j) Additional Information

    (1) For related information, refer to Transport Canada AD CF-
2022-52, dated September 1, 2022. This Transport Canada AD may be 
found in the AD docket at regulations.gov under Docket No. FAA-2022-
1653.
    (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 84-
27-75, dated June 23, 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 December 19, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-27876 Filed 12-22-22; 8:45 am]
BILLING CODE 4910-13-P