Airworthiness Directives; De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 73775-73778 [2023-23723]
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Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Proposed Rules
harnesses leading to electrical arcing. Arcing
in the presence of a leak from the hydraulic
lines in the area could lead to a fire.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, Transport Canada AD CF–
2023–20.
ddrumheller on DSK120RN23PROD with PROPOSALS1
(h) Exceptions to Transport Canada AD CF–
2023–20
(1) Where Transport Canada AD CF–2023–
20 refers to its effective date, this AD requires
using the effective date of this AD.
(2) Where Transport Canada AD CF–2023–
20 refers to hours air time, this AD requires
using flight hours.
(3) Where paragraph (A) of Transport
Canada AD CF–2023–20 states to ‘‘adjust as
required,’’ this AD requires that all
applicable adjustments must be done before
further flight.
(i) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation 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 International Validation Branch, send
it to the attention of the person identified in
paragraph (j) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
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, International Validation
Branch, FAA; or Transport Canada; or Airbus
Canada Limited Partnership’s Transport
Canada Design Approval Organization
(DAO). If approved by the DAO, the approval
must include the DAO-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (i)(2) of this AD, if
any service information contains procedures
that are identified as RC, those procedures
must be done to comply with this AD; any
procedures that are not identified as RC are
recommended. Those procedures that are not
identified as RC may be deviated from using
accepted methods in accordance with the
operator’s maintenance or inspection
program without obtaining approval of an
AMOC, provided the procedures identified as
RC can be done and the airplane can be put
back in an airworthy condition. Any
substitutions or changes to procedures
identified as RC require approval of an
AMOC.
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16:58 Oct 26, 2023
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(j) Additional Information
For more information about this AD,
contact Gabriel Kim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: 516–228–
7300; email: 9-avs-nyaco-cos@faa.gov.
(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) Transport Canada AD CF–2023–20,
dated March 22, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF–2023–20,
contact Transport Canada, Transport Canada
National Aircraft Certification, 159 Cleopatra
Drive, Nepean, Ontario K1A 0N5, Canada;
telephone 888–663–3639; email
TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca. You
may find this Transport Canada AD on the
Transport Canada website at tc.canada.ca/
en/aviation.
(4) You may view this material 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 material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on October 20, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–23720 Filed 10–26–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–2137; Project
Identifier MCAI–2022–01389–T]
RIN 2120–AA64
Airworthiness Directives; De Havilland
Aircraft of Canada Limited (Type
Certificate Previously Held by
Bombardier, Inc.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
SUMMARY:
PO 00000
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Fmt 4702
Sfmt 4702
73775
De Havilland Aircraft of Canada Limited
Model DHC–8–401 and –402 airplanes.
This proposed AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This proposed AD would
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
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 December 11,
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–2023–2137; 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 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:
Fatin Saumik, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 516–
228–7300; email: 9-avs-nyaco-cos@
faa.gov.
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Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Proposed Rules
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with PROPOSALS1
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–2023–2137; Project Identifier
MCAI–2022–01389–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
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 Fatin Saumik,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone: 516–228–7300;
email: 9-avs-nyaco-cos@faa.gov. 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 Transport Canada AD CF–2022–
59, dated October 27, 2022 (Transport
Canada AD CF–2022–59) (also referred
to after this as the MCAI), to correct an
unsafe condition for all De Havilland
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16:58 Oct 26, 2023
Jkt 262001
Aircraft of Canada Limited Model DHC–
8–401 and –402 airplanes. The MCAI
states that new or more restrictive
airworthiness limitations have been
developed.
The FAA is proposing this AD to
address new or more restrictive
maintenance interval limitations.
Failure to adhere to the specified
interval limitations may result in
reduced structural integrity of the
airplane. You may examine the MCAI in
the AD docket at regulations.gov under
Docket No. FAA–2023–2137.
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 this
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 Requirements of This NPRM
This proposed AD would require
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired
in the areas addressed by this proposed
AD, the operator may not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance according to
paragraph (i)(1) of this proposed AD.
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:
The FAA has determined that revising
the maintenance or inspection program
takes an average of 90 work-hours per
operator, although the agency
recognizes that this number may vary
from operator to operator. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
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Fmt 4702
Sfmt 4702
determined that a per-operator estimate
is more accurate than a per-airplane
estimate. Therefore, the agency
estimates the average total cost per
operator to be $7,650 (90 work-hours ×
$85 per work-hour).
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:
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Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Proposed Rules
(b) Affected ADs
■
1. The authority citation for part 39
continues to read as follows:
(c) Applicability
§ 39.13
This AD applies to all De Havilland
Aircraft of Canada Limited Model DHC–8–
401 and –402 airplanes, certificated in any
category.
None.
De Havilland Aircraft of Canada Limited
(Type Certificate Previously Held by
Bombardier, Inc.): Docket No. FAA–
2023–2137; Project Identifier MCAI–
2022–01389–T.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by December 11,
2023.
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address new or more restrictive
maintenance interval limitations. Failure to
adhere to the specified interval limitations
Effectivity Initial Compliance Time
All
10,000 total flight hours
(FH)
All
20,000 total FH
All
20,000 total FH
All
35,000 total FH
All
30,000 total FH
All
30,000 total FH
All
30,000 total FH
All
30,000 total FH
All
30,000 total FH
All
30,000 total FH
All
20,000 total FH
All
20,000 total FH
All
10,000 total FH
All
4,950 total FH
All
4,950 total FH
All
4,950 total FH
All
30,000 total FH
All
5,280 total FH
All
1,760 total FH
All
30,000 total FH
All
4,400 total FH
All
150 total FH
(h) No Alternative Actions or Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections),
intervals, may be used unless the actions,
intervals, are approved as an alternative
VerDate Sep<11>2014
16:58 Oct 26, 2023
Jkt 262001
(f) Compliance
Within 60 days after the effective date of
this AD, revise the existing maintenance or
inspection program, as applicable, to
incorporate the information specified in
figure 1 to paragraph (g) of this AD. The
initial compliance time for doing the task is
at the time specified in the initial compliance
time column of figure 1 to paragraph (g) of
this AD or within 12 months after the
effective date of this AD, whichever occurs
later.
Figure 1 to Paragraph (g)—AMM Tasks
AMMTask
21-31-00-710-801
20,000FH
20,000FH
35,000FH
30,000FH
30,000FH
30,000FH
30,000FH
30,000FH
30,000FH
20,000FH
20,000FH
10,000FH
4,950FH
4 950FH
4,950FH
30,000FH
5,280 FH
1,760FH
30,000FH
4,400FH
150FH
21-31-00-710-803
21-31-00-710-804
22-11-00-720-803
26-20-00-900-801
26-20-00-900-802
26-20-00-900-805
26-20-00-900-807
26-20-00-900-803
26-20-00-900-804
26-20-00-710-801
28-21-00-710-801
29-12-00-720-803
29-12-00-720-805
29-12-00-720-802
29-12-00-720-804
30-11-00-710-802
31-41-00-710-802
32-11-00-210-802
52-24-00-210-802
61-20-00-710-802
77-31-00-710-803
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
Frm 00015
(g) Maintenance or Inspection Program
Revision
Interval Limitation
10,000 FH
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (i)(1) of this AD.
PO 00000
Comply with this AD within the
compliance times specified, unless already
done.
Fmt 4702
Sfmt 4702
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation 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
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EP27OC23.000</GPH>
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
ddrumheller on DSK120RN23PROD with PROPOSALS1
may result in reduced structural integrity of
the airplane.
PART 39—AIRWORTHINESS
DIRECTIVES
Authority: 49 U.S.C. 106(g), 40113, 44701.
73777
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Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Proposed Rules
responsible Flight Standards Office, as
appropriate. If sending information directly
to the International Validation Branch, send
it to the attention of the person identified in
paragraph (j)(2) of this AD. Information may
be emailed to: 9-AVS-AIR-730-AMOC@
faa.gov. 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, International Validation
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 DAOauthorized signature.
(j) Additional Information
(1) Refer to Transport Canada AD CF–
2022–59, dated October 27, 2022, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–2137.
(2) For more information about this AD,
contact Fatin Saumik, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone: 516–
228–7300; email: 9-avs-nyaco-cos@faa.gov.
(k) Material Incorporated by Reference
None.
Issued on October 20, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–23723 Filed 10–26–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–2002; Project
Identifier MCAI–2023–00176–E]
RIN 2120–AA64
Airworthiness Directives; GE Aviation
Czech s.r.o. (Type Certificate
Previously Held by WALTER Engines
a.s., Walter a.s., and MOTORLET a.s.)
Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
ddrumheller on DSK120RN23PROD with PROPOSALS1
AGENCY:
The FAA proposes to
supersede airworthiness directive (AD)
2021–13–07, which applies to all GE
Aviation Czech s.r.o. (GEAC) (type
certificate previously held by WALTER
Engine a.s., Walter a.s., and MOTORLET
a.s.) Model M601D–11, M601E–11,
SUMMARY:
VerDate Sep<11>2014
16:58 Oct 26, 2023
Jkt 262001
M601E–11A, M601E–11AS, M601E–
11S, and M601F engines. AD 2021–13–
07 requires recalculating the life of
critical parts and, depending on the
results of the recalculation, replacing
these critical parts. AD 2021–13–07 also
requires replacing a certain compressor
case. Since the FAA issued AD 2021–
13–07, the manufacturer published the
airworthiness limitations section (ALS)
of the existing engine maintenance
manual (EMM), which includes the
calculations for the life of critical parts
addressed by AD 2021–13–07 and
prompted this proposed AD. This
proposed AD would continue to require
the replacement of a certain centrifugal
compressor case. This proposed AD
would also include an additional part
number as an option for the replacement
and would limit the applicability of the
proposed AD, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which is proposed for incorporation
by reference (IBR). The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this NPRM by December 11, 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–2023–2002; 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 EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; website:
easa.europa.eu. You may find this
material on the EASA website at
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2023–2002.
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Fmt 4702
Sfmt 4702
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 1200 District Avenue,
Burlington, MA 01803. For information
on the availability of this material at the
FAA, call (817) 222–5110.
FOR FURTHER INFORMATION CONTACT:
Barbara Caufield, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:
(781) 238–7146; email:
barbara.caufield@faa.gov.
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–2023–2002; Project Identifier
MCAI–2023–00176–E’’ 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
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 Barbara Caufield,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590. Any commentary that the
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]]>Agencies
[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Proposed Rules]
[Pages 73775-73778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23723]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2137; Project Identifier MCAI-2022-01389-T]
RIN 2120-AA64
Airworthiness Directives; De Havilland Aircraft of Canada Limited
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all De Havilland Aircraft of Canada Limited Model DHC-8-401 and -
402 airplanes. This proposed AD was prompted by a determination that
new or more restrictive airworthiness limitations are necessary. This
proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. 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 December
11, 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-2023-2137; 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: Fatin Saumik, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone: 516-228-7300; email: [email protected].
[[Page 73776]]
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-2023-2137; Project Identifier
MCAI-2022-01389-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
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 Fatin
Saumik, Aviation Safety Engineer, FAA, 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 Transport Canada AD CF-2022-59, dated October 27, 2022
(Transport Canada AD CF-2022-59) (also referred to after this as the
MCAI), to correct an unsafe condition for all De Havilland Aircraft of
Canada Limited Model DHC-8-401 and -402 airplanes. The MCAI states that
new or more restrictive airworthiness limitations have been developed.
The FAA is proposing this AD to address new or more restrictive
maintenance interval limitations. Failure to adhere to the specified
interval limitations may result in reduced structural integrity of the
airplane. You may examine the MCAI in the AD docket at regulations.gov
under Docket No. FAA-2023-2137.
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 this 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 Requirements of This NPRM
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(i)(1) of this proposed AD.
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:
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
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:
[[Page 73777]]
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-2023-2137; Project
Identifier MCAI-2022-01389-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 11, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all De Havilland Aircraft of Canada Limited
Model DHC-8-401 and -402 airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address new or more restrictive maintenance
interval limitations. Failure to adhere to the specified interval
limitations may result in reduced structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
Within 60 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in figure 1 to paragraph (g)
of this AD. The initial compliance time for doing the task is at the
time specified in the initial compliance time column of figure 1 to
paragraph (g) of this AD or within 12 months after the effective
date of this AD, whichever occurs later.
Figure 1 to Paragraph (g)--AMM Tasks
[GRAPHIC] [TIFF OMITTED] TP27OC23.000
(h) No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, may be used unless the
actions, intervals, are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation 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
[[Page 73778]]
responsible Flight Standards Office, as appropriate. If sending
information directly to the International Validation Branch, send it
to the attention of the person identified in paragraph (j)(2) of
this AD. Information may be emailed to: [email protected].
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, International
Validation 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-2022-59, dated October 27,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-2137.
(2) For more information about this AD, contact Fatin Saumik,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 516-228-7300; email: [email protected].
(k) Material Incorporated by Reference
None.
Issued on October 20, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-23723 Filed 10-26-23; 8:45 am]
BILLING CODE 4910-13-P
