Airworthiness Directives; Bombardier, Inc. Airplanes, 51821-51824 [2016-18482]

Download as PDF Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Proposed Rules lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. The AMOC approval letter must specifically reference this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM– 116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (3) Reporting Requirements: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200. (k) Related Information mstockstill on DSK3G9T082PROD with PROPOSALS (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016–0058, dated March 21, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA– 2016–8184. (2) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@ airbus.com; Internet http://www.airbus.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on July 26, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–18486 Filed 8–4–16; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:15 Aug 04, 2016 Jkt 238001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–8183; Directorate Identifier 2015–NM–083–AD] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to supersede Airworthiness Directive (AD) 2012–08– 11 for certain Bombardier, Inc. Model DHC–8–400 series airplanes. AD 2012– 08–11 currently requires repetitive detailed inspections for defects and damage of the retract port flexible hoses on the left and right Main Landing Gear (MLG) retraction actuator, and replacement of the flexible hoses if necessary. Since we issued AD 2012– 08–11, we determined that the orientation of the retraction actuator ports must be revised to address the identified unsafe condition. This proposed AD would continue to require the actions required by AD 2012–08–11, and would require reorientation of the retraction actuator of the MLG, which would terminate the repetitive inspections. This proposed AD would also remove airplanes from the applicability. We are proposing this AD to prevent hydraulic fluid leakage in the event of a damaged retract port flexible hose failure; this condition could lead to an undamped extension of the MLG and could result in MLG structural failure, leading to an unsafe, asymmetric landing configuration. DATES: We must receive comments on this proposed AD by September 19, 2016. SUMMARY: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. ADDRESSES: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 51821 • For Bombardier service information identified in this NPRM, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416–375–4000; fax 416–375– 4539; email thd.qseries@ aero.bombardier.com; Internet http:// www.bombardier.com. For Goodrich service information identified in this NPRM, contact Goodrich Corporation, Landing Gear, 1400 South Service Road, West Oakville, ON, Canada L6L 5Y7; telephone +1–877–808–7575; fax: +1– 860–660–0372; Internet: https:// techpubs.goodrich.com/ContactUs. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 8183; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Mechanical Systems Engineer, Airframe and Mechanical Systems Branch, ANE–171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516– 228–7318; fax 516–794–5531. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2016–8183; Directorate Identifier 2015–NM–083–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to http:// www.regulations.gov, including any E:\FR\FM\05AUP1.SGM 05AUP1 51822 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Proposed Rules personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion On April 11, 2012, we issued AD 2012–08–11, Amendment 39–17028 (77 FR 24351, April 24, 2012) (‘‘AD 2012– 08–11’’). AD 2012–08–11 requires actions intended to address an unsafe condition on certain Bombardier, Inc. Model DHC–8–400 series airplanes. Since we issued AD 2012–08–11, we determined that the left and right MLG retraction actuator ports must be reoriented and the retract port flexible hoses replaced with hydraulic tube assemblies to address the identified unsafe condition. Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF–2011–14R1, dated May 21, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or ’’the MCAI’’), to correct an unsafe condition for certain Bombardier, Inc. Model DHC–8–400, –401, and –402 airplanes. The MCAI states: Testing has shown that in the event of a main landing gear (MLG) retraction actuator retract port flexible hose failure, in-flight vibrations may cause excessive hydraulic fluid leakage. This could potentially lead to an undamped extension of the MLG, which may result in MLG structural failure, leading to an unsafe asymmetric landing configuration. The original issue of this [Canadian] AD mandated the [detailed] inspection [for defects and damage] of the retract port flexible hose and its replacement [installing a new retract port flexible hose], when required, to prevent damage to the MLG caused by undamped gear extensions. Revision 1 of this [Canadian] AD mandates the reorientation of the MLG Retraction Actuator to prevent hydraulic fluid leakage in the event of a damaged retract port flexible hose. This proposed AD also would remove certain airplanes from the applicability of AD 2012–08–11. Airplanes having serial number 4425 and on were modified in production and therefore the identified unsafe condition does not apply to these airplanes. You may examine the MCAI in the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 8183. Related Service Information Under 1 CFR Part 51 Bombardier, Inc. has issued Bombardier Service Bulletin 84–32–105, Revision A, dated April 24, 2015; and Service Bulletin 84–32–106, Revision A, dated April 24, 2015. The service information describes procedures to reorient the retraction actuator, which includes modifying and reorienting the retraction actuator assembly, and installing reconfigured hydraulic tube assemblies. Goodrich Aerospace Canada Ltd. has issued Service Bulletin 46550–32–99 R2, dated February 19, 2015; and Service Bulletin 46455–32–100 R1, dated March 20, 2013. This service information describes procedures for reworking and re-identifying the retraction actuator hydraulic tube assembly and dressed yoke assembly, and reworking the retraction actuators. 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 and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Costs of Compliance We estimate that this proposed AD affects 82 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: ESTIMATED COSTS Action Labor cost Parts cost Inspection [retained action 1 work-hour × $85 per hour = from AD 2012–08–11]. $85 per inspection cycle. Reorient MLG retraction actu- 4 work-hours × $85 per hour ators (new proposed action). = $340. We estimate the following costs to do any necessary replacements that would Cost per product Cost on U.S. operators $0 $85 per inspection cycle ........ $6,970 per inspection cycle. 0 340 ......................................... $27,880. be required based on the results of the proposed inspection. We have no way of determining the number of aircraft that might need this replacement: ON-CONDITION COSTS Labor cost Replace the retract port flexible hose (retained action from AD 2012–08–11). mstockstill on DSK3G9T082PROD with PROPOSALS Action 4 work-hours × $85 per hour = $340 ........................... According to the manufacturer, some of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate. VerDate Sep<11>2014 16:15 Aug 04, 2016 Jkt 238001 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 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 Parts cost $713 Cost per product $1,053 detail the scope of the Agency’s authority. We are 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 E:\FR\FM\05AUP1.SGM 05AUP1 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Proposed Rules 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. (b) Affected ADs This AD replaces AD 2012–08–11, Amendment 39–17028 (77 FR 24351, April 24, 2012) (‘‘AD 2012–08–11’’). Regulatory Findings (d) Subject Air Transport Association (ATA) of America Code 32, Landing gear. We 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. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska; and 4. 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2012–08–11, Amendment 39–17028 (77 FR 24351, April 24, 2012), and adding the following new AD: mstockstill on DSK3G9T082PROD with PROPOSALS ■ Bombardier, Inc.: Docket No. FAA–2016– 8183; Directorate Identifier 2015–NM– 083–AD. (a) Comments Due Date We must receive comments by September 19, 2016. VerDate Sep<11>2014 16:15 Aug 04, 2016 Jkt 238001 (c) Applicability This AD applies to Bombardier, Inc. Model DHC–400, –401, and –402 airplanes, certificated in any category, serial numbers 4001 through 4424 inclusive. (e) Reason This AD was prompted by test reports that showed that failure of a retract port flexible hose of a main landing gear (MLG) retraction actuator could cause excessive hydraulic fluid leakage. We are issuing this AD to prevent hydraulic fluid leakage in the event of a damaged retract port flexible hose failure; this condition could lead to an undamped extension of the MLG and could result in MLG structural failure, leading to an unsafe asymmetric landing configuration. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Repetitive Inspections and Follow-On Action, With New Reference This paragraph restates the requirements of paragraph (g) of AD 2012–08–11, with new reference to terminating action. Within 600 flight hours after May 29, 2012 (the effective date of AD 2012–08–11), do a detailed inspection for defects and damage of the retract port flexible hose of the left and right MLG retraction actuators, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 84–32–89, dated March 22, 2011. Repeat the inspection thereafter at intervals not to exceed 600 flight hours. If any defect or damage is found, before further flight, replace the retract port flexible hose with a new or serviceable retract port flexible hose, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 84–32–89, dated March 22, 2011. Doing the actions required by paragraph (h) of this AD terminates the inspections required by this paragraph. (h) New Requirement of This AD: Reorient MLG Retraction Actuators Within 6,000 flight hours or 36 months, whichever occurs first after the effective date of this AD: Reorient the MLG retraction actuator by incorporating Bombardier ModSums 4–902418 and 4–902327, in accordance with the Accomplishment Instructions of the applicable service information specified in paragraphs (h)(1) and (h)(2) of this AD. Accomplishment of the actions required by this paragraph terminates the actions required by paragraph (g) of this AD. (1) Bombardier Service Bulletin 84–32– 105, Revision A, dated April 24, 2015, including Goodrich Service Bulletin 46550– 32–99 R2, dated February 19, 2015. (2) Bombardier Service Bulletin 84–32– 106, Revision A, dated April 24, 2015, PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 51823 including Goodrich Service Bulletin 46455– 32–100 R1, dated March 20, 2013. (i) Credit for Previous Actions This paragraph provides credit for actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using the service information identified in paragraphs (i)(1)and (i)(2) of this AD. (1) Bombardier Service Bulletin 84–32– 105, dated September 28, 2012. (2) Bombardier Service Bulletin 84–32– 106, dated September 10, 2012. (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), ANE–170, 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 New York ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 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 local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD. (i) 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. (ii) AMOCs approved previously for AD 2012–08–11 are approved as AMOCs for the corresponding provisions of this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO, ANE–170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.’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) Canadian Airworthiness Directive CF–2011–24R1, dated May 21, 2015, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2016–8183. (2) For Bombardier service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416–375–4000; fax 416–375–4539; email thd.qseries@ aero.bombardier.com; Internet http:// www.bombardier.com. For Goodrich service information identified in this AD, contact Goodrich Corporation, Landing Gear, 1400 E:\FR\FM\05AUP1.SGM 05AUP1 51824 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Proposed Rules South Service Road, West Oakville, ON, Canada L6L 5Y7; telephone +1–877–808– 7575; fax: +1–860–660–0372; Internet: https://techpubs.goodrich.com/ContactUs. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on July 25, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–18482 Filed 8–4–16; 8:45 am] BILLING CODE 4910–13–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Chapter II Children’s Sleepwear Seminar Consumer Product Safety Commission. ACTION: Announcement of meeting. AGENCY: The Consumer Product Safety Commission (CPSC, Commission, or we) staff is holding a 1-day Flammable Fabrics Act (FFA) Children’s Sleepwear Seminar (the Seminar). The Seminar will focus on testing, certification, and other compliance guidance relating to mandatory FFA standards and requirements for children’s sleepwear. The Seminar will be held on October 20, 2016, at the CPSC offices in Bethesda Towers, Bethesda, MD. We invite interested parties to participate in or attend the Seminar. DATES: The Seminar will be held on October 20, 2016 at 8:30 a.m. Individuals interested in serving on panels or presenting information at the Seminar should register by August 26, 2016; all other individuals who wish to attend in person should register as soon as possible because available spots may fill up. ADDRESSES: The Seminar will be held in the 4th floor Hearing Room at the CPSC offices in Bethesda Towers, 4330 East West Highway, Bethesda, MD 20814. Persons interested in serving on a panel, presenting information, or attending the Seminar should register online at: http://www.cpsc.gov/ meetingsignup.html (click on the link titled, ‘‘Children’s Sleepwear Seminar’’). Some sessions of the Seminar may be available through a webcast, but viewers will not be able to interact with the panels and presenters. FOR FURTHER INFORMATION CONTACT: Carolyn Carlin, Textile Flammability Compliance Officer, Office of mstockstill on DSK3G9T082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:15 Aug 04, 2016 Jkt 238001 Compliance, 4330 East West Highway, Room 610–33, Bethesda, MD 20814. Telephone: 301–504–7889, Email: ccarlin@cpsc.gov; or, Paige Witzen, Textile Technologist, Division of Engineering; Directorate for Laboratory Sciences, 5 Research Place, Rockville, MD 20850, Room 117–03. Telephone: 301–987–2029, Email: pwitzen@ cpsc.gov. SUPPLEMENTARY INFORMATION: The FFA, 15 U.S.C. 1191–1204, regulates the manufacture of highly flammable clothing, including children’s sleepwear. The FFA standards governing the flammability of children’s sleepwear are found at 16 CFR parts 1615 and 1616. These regulations protect children from burns by requiring that children’s sleepwear must be flame resistant, as demonstrated through prescribed flammability tests, and selfextinguish if the item catches fire. The goal of the Seminar is to bring together CPSC staff and stakeholders (manufacturers, importers, retailers, suppliers, legal counsel, testing laboratories and other interested parties) to discuss testing, certification, and other compliance guidance relating to mandatory FFA standards and requirements for children’s sleepwear products. The Seminar will include presentations by CPSC staff and industry representatives, as well as a panel discussion among manufacturers, importers, retailers, suppliers, legal counsel, testing laboratories, and other parties involved in the children’s sleepwear industry. Topics covered during the Seminar may include: D Issues and questions about testing and compliance for children’s sleepwear products regulated under the FFA. D challenges faced in implementing testing, certification, and quality control programs to ensure that regulated products are accurately identified, tested according to applicable children’s sleepwear testing methods, and certified as conforming to the applicable children’s sleepwear standard. This Seminar will focus exclusively on issues related to current CPSC requirements for children’s sleepwear. Staff intends to organize and develop panels to address these topics, informed by responses to this announcement. In addition, participants may present individually. If you would like to be a presenter or panel member, you should register by August 26, 2016 (see the ADDRESSES portion of this document for the Web site link and instruction on how to register). Please submit a brief summary of the topic on which you would like to make a presentation or speak as a panel participant, and your PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 area of expertise. Although every effort will be made to accommodate all persons who wish to be a presenter or panelist, CPSC staff will determine the final agenda. To assist in making the final panelist selections, CPSC staff may request that potential panelists submit presentations in addition to the initial summary. We will notify those who are selected as presenters and panelists by September 2, 2016. If you wish to attend and participate in the Seminar, but do not wish to be a presenter or panelist, you should also register as soon as possible because the CPSC Hearing Room has a limited occupancy. Please identify your affiliation with your registration. Dated: August 2, 2016. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. 2016–18597 Filed 8–4–16; 8:45 am] BILLING CODE 6355–01–P COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 3 RIN 3038–AE46 Exemption From Registration for Certain Foreign Persons Commodity Futures Trading Commission. ACTION: Proposed rule. AGENCY: The Commodity Futures Trading Commission (‘‘Commission’’) is proposing to amend one of its regulations. The proposed amendment would amend the conditions under which persons located outside the United States (‘‘U.S.’’) acting in the capacity of a futures commission merchant (‘‘FCM’’), an introducing broker (‘‘IB’’), commodity trading advisor (‘‘CTA’’), or commodity pool operator (‘‘CPO’’) in connection with commodity interest transactions solely on behalf of persons located outside the U.S., or on behalf of certain international financial institutions, would qualify for an exemption from registration with the Commission. DATES: Comments must be received on or before September 6, 2016. ADDRESSES: You may submit comments, identified by RIN number 3038–AE46, by any of the following methods: • CFTC Web site: http:// comments.cftc.gov. Follow the instructions for submitting comments through the Comments Online process on the Web site. SUMMARY: E:\FR\FM\05AUP1.SGM 05AUP1

Agencies

[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Proposed Rules]
[Pages 51821-51824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18482]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8183; Directorate Identifier 2015-NM-083-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2012-08-
11 for certain Bombardier, Inc. Model DHC-8-400 series airplanes. AD 
2012-08-11 currently requires repetitive detailed inspections for 
defects and damage of the retract port flexible hoses on the left and 
right Main Landing Gear (MLG) retraction actuator, and replacement of 
the flexible hoses if necessary. Since we issued AD 2012-08-11, we 
determined that the orientation of the retraction actuator ports must 
be revised to address the identified unsafe condition. This proposed AD 
would continue to require the actions required by AD 2012-08-11, and 
would require reorientation of the retraction actuator of the MLG, 
which would terminate the repetitive inspections. This proposed AD 
would also remove airplanes from the applicability. We are proposing 
this AD to prevent hydraulic fluid leakage in the event of a damaged 
retract port flexible hose failure; this condition could lead to an 
undamped extension of the MLG and could result in MLG structural 
failure, leading to an unsafe, asymmetric landing configuration.

DATES: We must receive comments on this proposed AD by September 19, 
2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     For Bombardier service information identified in this 
NPRM, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 
Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-
4000; fax 416-375-4539; email thd.qseries@aero.bombardier.com; Internet 
http://www.bombardier.com. For Goodrich service information identified 
in this NPRM, contact Goodrich Corporation, Landing Gear, 1400 South 
Service Road, West Oakville, ON, Canada L6L 5Y7; telephone +1-877-808-
7575; fax: +1-860-660-0372; Internet: https://techpubs.goodrich.com/ContactUs. You may view this referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
8183; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Mechanical Systems 
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New 
York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 516-228-7318; fax 516-794-5531.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-8183; 
Directorate Identifier 2015-NM-083-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any

[[Page 51822]]

personal information you provide. We will also post a report 
summarizing each substantive verbal contact we receive about this 
proposed AD.

Discussion

    On April 11, 2012, we issued AD 2012-08-11, Amendment 39-17028 (77 
FR 24351, April 24, 2012) (``AD 2012-08-11''). AD 2012-08-11 requires 
actions intended to address an unsafe condition on certain Bombardier, 
Inc. Model DHC-8-400 series airplanes.
    Since we issued AD 2012-08-11, we determined that the left and 
right MLG retraction actuator ports must be reoriented and the retract 
port flexible hoses replaced with hydraulic tube assemblies to address 
the identified unsafe condition. Transport Canada Civil Aviation 
(TCCA), which is the aviation authority for Canada, has issued Canadian 
Airworthiness Directive CF-2011-14R1, dated May 21, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
''the MCAI''), to correct an unsafe condition for certain Bombardier, 
Inc. Model DHC-8-400, -401, and -402 airplanes. The MCAI states:

    Testing has shown that in the event of a main landing gear (MLG) 
retraction actuator retract port flexible hose failure, in-flight 
vibrations may cause excessive hydraulic fluid leakage. This could 
potentially lead to an undamped extension of the MLG, which may 
result in MLG structural failure, leading to an unsafe asymmetric 
landing configuration.
    The original issue of this [Canadian] AD mandated the [detailed] 
inspection [for defects and damage] of the retract port flexible 
hose and its replacement [installing a new retract port flexible 
hose], when required, to prevent damage to the MLG caused by 
undamped gear extensions.
    Revision 1 of this [Canadian] AD mandates the reorientation of 
the MLG Retraction Actuator to prevent hydraulic fluid leakage in 
the event of a damaged retract port flexible hose.

    This proposed AD also would remove certain airplanes from the 
applicability of AD 2012-08-11. Airplanes having serial number 4425 and 
on were modified in production and therefore the identified unsafe 
condition does not apply to these airplanes. You may examine the MCAI 
in the AD docket on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2016-8183.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued Bombardier Service Bulletin 84-32-105, 
Revision A, dated April 24, 2015; and Service Bulletin 84-32-106, 
Revision A, dated April 24, 2015. The service information describes 
procedures to reorient the retraction actuator, which includes 
modifying and reorienting the retraction actuator assembly, and 
installing reconfigured hydraulic tube assemblies.
    Goodrich Aerospace Canada Ltd. has issued Service Bulletin 46550-
32-99 R2, dated February 19, 2015; and Service Bulletin 46455-32-100 
R1, dated March 20, 2013. This service information describes procedures 
for reworking and re-identifying the retraction actuator hydraulic tube 
assembly and dressed yoke assembly, and reworking the retraction 
actuators.
    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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Costs of Compliance

    We estimate that this proposed AD affects 82 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection [retained action from   1 work-hour x $85                $0  $85 per inspection   $6,970 per
 AD 2012-08-11].                    per hour = $85 per                   cycle.               inspection cycle.
                                    inspection cycle.
Reorient MLG retraction actuators  4 work-hours x $85                0  340................  $27,880.
 (new proposed action).             per hour = $340.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace the retract port flexible hose          4 work-hours x $85 per hour =               $713          $1,053
 (retained action from AD 2012-08-11).           $340.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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.
    We are 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

[[Page 51823]]

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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 removing Airworthiness Directive (AD) 
2012-08-11, Amendment 39-17028 (77 FR 24351, April 24, 2012), and 
adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2016-8183; Directorate Identifier 
2015-NM-083-AD.

(a) Comments Due Date

    We must receive comments by September 19, 2016.

(b) Affected ADs

    This AD replaces AD 2012-08-11, Amendment 39-17028 (77 FR 24351, 
April 24, 2012) (``AD 2012-08-11'').

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-400, -401, and -
402 airplanes, certificated in any category, serial numbers 4001 
through 4424 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by test reports that showed that failure of 
a retract port flexible hose of a main landing gear (MLG) retraction 
actuator could cause excessive hydraulic fluid leakage. We are 
issuing this AD to prevent hydraulic fluid leakage in the event of a 
damaged retract port flexible hose failure; this condition could 
lead to an undamped extension of the MLG and could result in MLG 
structural failure, leading to an unsafe asymmetric landing 
configuration.

(f) Compliance

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

(g) Retained Repetitive Inspections and Follow-On Action, With New 
Reference

    This paragraph restates the requirements of paragraph (g) of AD 
2012-08-11, with new reference to terminating action. Within 600 
flight hours after May 29, 2012 (the effective date of AD 2012-08-
11), do a detailed inspection for defects and damage of the retract 
port flexible hose of the left and right MLG retraction actuators, 
in accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-32-89, dated March 22, 2011. Repeat the 
inspection thereafter at intervals not to exceed 600 flight hours. 
If any defect or damage is found, before further flight, replace the 
retract port flexible hose with a new or serviceable retract port 
flexible hose, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-32-89, dated March 22, 2011. Doing 
the actions required by paragraph (h) of this AD terminates the 
inspections required by this paragraph.

(h) New Requirement of This AD: Reorient MLG Retraction Actuators

    Within 6,000 flight hours or 36 months, whichever occurs first 
after the effective date of this AD: Reorient the MLG retraction 
actuator by incorporating Bombardier ModSums 4-902418 and 4-902327, 
in accordance with the Accomplishment Instructions of the applicable 
service information specified in paragraphs (h)(1) and (h)(2) of 
this AD. Accomplishment of the actions required by this paragraph 
terminates the actions required by paragraph (g) of this AD.
    (1) Bombardier Service Bulletin 84-32-105, Revision A, dated 
April 24, 2015, including Goodrich Service Bulletin 46550-32-99 R2, 
dated February 19, 2015.
    (2) Bombardier Service Bulletin 84-32-106, Revision A, dated 
April 24, 2015, including Goodrich Service Bulletin 46455-32-100 R1, 
dated March 20, 2013.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(h) of this AD, if those actions were performed before the effective 
date of this AD using the service information identified in 
paragraphs (i)(1)and (i)(2) of this AD.
    (1) Bombardier Service Bulletin 84-32-105, dated September 28, 
2012.
    (2) Bombardier Service Bulletin 84-32-106, dated September 10, 
2012.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, 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 New York ACO, send it to ATTN: Program Manager, 
Continuing Operational Safety, FAA, New York ACO, 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 local flight standards district office/
certificate holding district office. The AMOC approval letter must 
specifically reference this AD.
    (i) 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.
    (ii) AMOCs approved previously for AD 2012-08-11 are approved as 
AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, New York ACO, 
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or 
Bombardier, Inc.'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) Canadian Airworthiness Directive CF-2011-24R1, dated May 21, 
2015, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-8183.
    (2) For Bombardier service information identified in this AD, 
contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt 
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; 
fax 416-375-4539; email thd.qseries@aero.bombardier.com; Internet 
http://www.bombardier.com. For Goodrich service information 
identified in this AD, contact Goodrich Corporation, Landing Gear, 
1400

[[Page 51824]]

South Service Road, West Oakville, ON, Canada L6L 5Y7; telephone +1-
877-808-7575; fax: +1-860-660-0372; Internet: https://techpubs.goodrich.com/ContactUs. You may view this service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on July 25, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-18482 Filed 8-4-16; 8:45 am]
 BILLING CODE 4910-13-P