Airworthiness Directives; De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 42792-42795 [2024-08577]
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42792
Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Rules and Regulations
(g) Alpha Floor
In icing and non-icing conditions, the
alpha-floor setting must be such that the
airplane can be flown at the speeds and
bank angles specified in § 25.143(h).
The applicant also must show that the
alpha-floor setting does not interfere
with normal maneuvering of the
airplane. In addition, the airplane must
exhibit no alpha-floor triggering unless
appropriate when the airplane is flown
in usual operational maneuvers and in
turbulence.
(h) Proof of Compliance
In addition to the requirements in
§ 25.21(b), the following requirement
applies:
The flying qualities will be evaluated
at the most unfavorable center-of-gravity
(CG) position.
(i) Speed Associated With Other
Requirements
The design must meet the following
modified requirements:
(1) Section 25.145(a): Vmin in lieu of
‘‘stall identification.’’
(2) Section 25.145(b): Vmin in lieu of
Vsw.
(3) Section 25.1323(d): ‘‘From 1.23
VSR to Vmin’’ in lieu of ‘‘1.23 VSR to stall
warning speed’’ and ‘‘speeds below
Vmin’’ in lieu of ‘‘speeds below stall
warning.’’
(j) Performance in Icing Conditions
(1) Take-Off
In lieu of compliance with
§ 25.105(a)(2)(i), the following special
conditions apply:
(a) In icing conditions, if in the
configuration used in showing
compliance with § 25.121(b), and with
the most critical of the ‘‘Take-off Ice’’
accretion(s) defined in 14 CFR part 25,
appendix C:
(i) The V2 speed scheduled in nonicing conditions does not provide the
maneuvering capability specified in
§ 25.143(h) for the take-off
configuration.
ddrumheller on DSK120RN23PROD with RULES1
Note: This requirement does not apply if
the Vmin1g is increased in icing conditions,
with the ‘‘Take-off Ice’’ accretion defined in
14 CFR part 25, appendix C, by less than 2.5
knots or 2.5 percent, whichever is greater.
(2) Climb: One-Engine Inoperative
In lieu of compliance with
§ 25.121(b)(2)(ii)(A), the following
special conditions apply:
(a) In icing conditions, with the most
critical of the take-off ice accretion(s)
defined in 14 CFR part 25, appendix C,
if in the configuration used to show
compliance with § 25.121(b) with this
take-off ice accretion:
(i) The V2 speed scheduled in nonicing conditions does not provide the
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17:01 May 15, 2024
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maneuvering capability specified in
§ 25.143(h), for the take-off
configuration.
Note: This requirement does not apply if
the Vmin1g is increased in icing conditions,
with the ‘‘Take-off Ice’’ accretion defined in
14 CFR part 25, appendix C, by less than 2.5
knots or 2.5 percent, whichever is greater.
In lieu of compliance with
§ 25.121(c)(2)(ii)(A) and (B), the
following special conditions apply:
(b) In icing conditions, with the most
critical of the final take-off ice
accretion(s) defined in 14 CFR part 25,
appendix C, if in the configuration used
to show compliance with § 25.121(b)
with the take-off ice accretion used to
show compliance with § 25.111(c)(5)(i):
(i) The VFTO (final take-off speed)
scheduled in non-icing conditions does
not provide the maneuvering capability,
specified in § 25.143(h), for the en-route
configuration.
Note: This requirement does not apply if
the Vmin1g is increased in icing conditions,
with the ‘‘Final Take-off Ice’’ accretion
defined in 14 CFR part 25, appendix C, by
less than 2.5 knots or 2.5 percent, whichever
is greater.
(ii) The degradation of the gradient of
climb, determined in accordance with
§ 25.121(b), with the take-off ice
accretion used in showing compliance
with § 25.111(c)(5)(i), is greater than
one-half of the applicable actual-to-net
take-off flight path gradient reduction
defined in § 25.115(b).
In lieu of compliance with
25.121(d)(2)(ii), the following special
conditions apply:
(c) In icing conditions, with the most
critical of the approach ice accretion(s)
defined in 14 CFR part 25, appendix C,
as applicable,
(i) The climb speed selected for nonicing conditions may be used if the
climb speed for icing conditions,
computed in accordance with
§ 25.121(d)(3), does not exceed that for
non-icing conditions by more than the
greater of 3 knots CAS or 3 percent; or,
(ii) The climb speed established with
normal landing procedures, but not
more than 1.4 VSR (VSR determined in
non-icing conditions), may be used if in
a configuration corresponding to the
normal all-engines-operating procedure
where the Vmin1g for this configuration
does not exceed 110 percent of the
Vmin1g for the related all-enginesoperating landing configuration in icing
conditions.
(3) En-Route Flight Paths
In lieu of compliance with
25.123(b)(2)(i), the following special
conditions apply:
(a) In icing conditions with the most
critical of the en-route ice accretion(s)
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defined in 14 CFR part 25, appendix C,
if:
(i) The VFTO speed scheduled in nonicing conditions does not provide the
maneuvering capability, specified in
§ 25.143(h), for the en-route
configuration.
Issued in Kansas City, Missouri, on May
10, 2024.
Patrick R. Mullen,
Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2024–10646 Filed 5–15–24; 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; Amendment
39–22737; AD 2024–08–04]
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: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all De
Havilland Aircraft of Canada Limited
Model DHC–8–401 and –402 airplanes.
This AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This AD requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective June 20,
2024.
ADDRESSES:
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 final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
SUMMARY:
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Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Rules and Regulations
Material Incorporated by Reference:
• For De Havilland material, 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 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.
It is also available at regulations.gov
under Docket No. FAA–2023–2137.
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.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all De Havilland Aircraft of
Canada Limited Model DHC–8–401 and
–402 airplanes. The NPRM published in
the Federal Register on October 27,
2023 (88 FR 73775). The NPRM was
prompted by AD CF–2022–59, dated
October 27, 2022, issued by Transport
Canada, which is the aviation authority
for Canada (referred to after this as the
MCAI). The MCAI states that new or
more restrictive airworthiness
limitations have been developed.
In the NPRM, the FAA proposed to
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
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.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–2137.
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Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from an
individual who supported the NPRM
without change.
The FAA received additional
comments from De Havilland Aircraft of
Canada Limited and Horizon Air. The
following presents the comments
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17:01 May 15, 2024
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received on the NPRM and the FAA’s
response to each comment.
Request To Update the Number of
Affected Airplanes
De Havilland requested that the Costs
of Compliance section of the NPRM be
updated to show the correct number of
affected airplanes.
The FAA agrees. The Costs of
Compliance section of this AD has been
updated to show 52 affected airplanes.
Request To Require Tasks as Mandated
in the MCAI
Horizon Air requested that the
proposed AD directly mandate
maintenance review board report
(MRBR) tasks instead of Aircraft
Maintenance Manual (AMM) tasks.
Horizon noted that Transport Canada
AD CF–2022–59 mandates MRBR tasks
directly, and that using the AMM tasks
would put an additional burden on the
operator to monitor multiple sources for
the same tasks. The commenter also
asserted that AMM task 77–31–00–710–
803, which would be required by the
proposed AD, adds MRBR tasks
731100–203, 733100–201, 740000–201,
750000–201, 772100–202, and 793000–
201. These tasks are not identified in
Section 7–00, PSM 1–84–7—
Maintenance Requirements Manual—
Part 2 ALI.
The FAA does not agree because the
FAA has decided to not mandate
MRBRs that are part of Candidate
Certification Maintenance Requirements
(CCMRs), which are required by
Transport Canada AD CF–2022–59.
Instead of mandating the CCMR as done
in the Transport Canada AD, the FAA,
after coordination with Transport
Canada, determined the corresponding
AMM task numbers will be used. With
the AMM tasks, operators must check
for all engine fault codes at once, which
involves reading codes from the engine
fault code indicator. Although this
involves more tasks, it does not add a
significant number of steps. Requiring
the AMM task does not pose a
significant burden on the operator. This
AD has not been changed with regard to
this request.
Request To Limit Required Tasks to
Procedure Section
Horizon Air requested that the
proposed AD require only the procedure
section of the AMM, with provisions for
equivalent tooling and materials, rather
than requiring the entire AMM
maintenance task, including the job setup, specific tools, equipment, and closeout sections. The commenter stated that
mandating the entire AMM maintenance
task procedure may restrict the
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42793
operator’s ability to perform other
maintenance along with AMM tasks.
The FAA does not agree. The job setup and close-out procedures are
essential for ensuring the safety of
maintenance personnel, and for
ensuring the correct completion of the
AMM task. This AD has not been
changed with regard to this request.
Request To Allow Further AMM
Revisions
Horizon Air requested clarification of
whether future revisions of the AMM
are allowed. Horizon noted that the
proposed AD did not address whether
task changes such as additions,
removals, and interval adjustments
could cause an operator to be out of
compliance with the rule as issued.
The FAA agrees to clarify. Using the
current revision of the AMMs or other
revisions that incorporate the
information specified in paragraph (g) of
this AD is acceptable for compliance
with this AD. This AD does not mandate
using a specific revision of the AMM,
provided that the revision used
complies with the requirements of
paragraph (g) of this AD.
Conclusion
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, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
reviewed the relevant data, considered
the comments received, and determined
that air safety requires adopting this AD
as proposed. Accordingly, the FAA is
issuing this AD to address the unsafe
condition on this product. Except for
minor editorial changes, and any other
changes described previously, this AD is
adopted as proposed in the NPRM.
None of the changes will increase the
economic burden on any operator.
Costs of Compliance
The FAA estimates that this AD
affects 52 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this 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
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Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Rules and Regulations
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
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) 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 Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 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 adding
the following new airworthiness
directive:
■
This AD will not have federalism
implications under Executive Order
13132. This AD will 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 that this AD:
2024–08–04 De Havilland Aircraft of
Canada Limited (Type Certificate
Previously Held by Bombardier, Inc.):
Amendment 39–22737; Docket No.
FAA–2023–2137; Project Identifier
MCAI–2022–01389–T.
(a) Effective Date
This airworthiness directive (AD) is
effective June 20, 2024.
(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 each task in the
AMM Task column of figure 1 to paragraph
(g) of this AD 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)—Maintenance or
Inspection Program Revision
FIGURE 1 TO PARAGRAPH (g)—MAINTENANCE OR INSPECTION PROGRAM REVISION
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Effectivity
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Initial compliance time
Interval limitation
AMM task
10,000 total flight hours (FH) ....................................
20,000 total FH .........................................................
20,000 total FH .........................................................
35,000 total FH .........................................................
30,000 total FH .........................................................
30,000 total FH .........................................................
30,000 total FH .........................................................
30,000 total FH .........................................................
30,000 total FH .........................................................
30,000 total FH .........................................................
20,000 total FH .........................................................
20,000 total FH .........................................................
10,000 total FH .........................................................
4,950 total FH ...........................................................
4,950 total FH ...........................................................
4,950 total FH ...........................................................
30,000 total FH .........................................................
5,280 total FH ...........................................................
1,760 total FH ...........................................................
30,000 total FH .........................................................
4,400 total FH ...........................................................
150 total FH ..............................................................
10,000 FH .................................................................
20,000 FH .................................................................
20,000 FH .................................................................
35,000 FH .................................................................
30,000 FH .................................................................
30,000 FH .................................................................
30,000 FH .................................................................
30,000 FH .................................................................
30,000 FH .................................................................
30,000 FH .................................................................
20,000 FH .................................................................
20,000 FH .................................................................
10,000 FH .................................................................
4,950 FH ...................................................................
4,950 FH ...................................................................
4,950 FH ...................................................................
30,000 FH .................................................................
5,280 FH ...................................................................
1,760 FH ...................................................................
30,000 FH .................................................................
4,400 FH ...................................................................
150 FH ......................................................................
21–31–00–710–801
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
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Federal Register / Vol. 89, No. 96 / Thursday, May 16, 2024 / Rules and Regulations
(h) No Alternative Actions or Intervals
DEPARTMENT OF TRANSPORTATION
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or
intervals may be used unless the actions or
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
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.
ddrumheller on DSK120RN23PROD with RULES1
Issued on April 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–08577 Filed 5–15–24; 8:45 am]
BILLING CODE 4910–13–P
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2023–1737; Airspace
Docket No. 23–ASO–8]
RIN 2120–AA66
Amendment of VOR Federal Airways
V–44, V–128, and V–493, and United
States Area Navigation Routes T–315
and T–323 in the Vicinity of York, KY
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends Very High
Frequency Omnidirectional Range
(VOR) Federal Airways V–44, V–128,
and V–493, and United States Area
Navigation (RNAV) Routes T–315 and
T–323. The FAA is taking this action
due to the planned decommissioning of
the VOR portion of the York, KY (YRK),
VOR/Tactical Air Navigation (VORTAC)
navigational aid (NAVAID). The York
VOR is being decommissioned in
support of the FAA’s VOR Minimum
Operational Network (MON) program.
DATES: Effective date 0901 UTC, July 11,
2024. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order JO 7400.11 and publication of
conforming amendments.
ADDRESSES: A copy of the Notice of
Proposed Rulemaking (NPRM), all
comments received, this final rule, and
all background material may be viewed
online at www.regulations.gov using the
FAA Docket number. Electronic
retrieval help and guidelines are
available on the website. It is available
24 hours each day, 365 days each year.
FAA Order JO 7400.11H, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
VerDate Sep<11>2014
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42795
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it modifies the
Air Traffic Service (ATS) route structure
as necessary to preserve the safe and
efficient flow of air traffic within the
National Airspace System.
History
The FAA published a notice of
proposed rulemaking for Docket No.
FAA–2023–1737 in the Federal Register
(88 FR 54952; August 14, 2023),
proposing to amend VOR Federal
Airways V–44, V–128, and V–493, and
United States RNAV Routes T–315 and
T–323 due to the planned
decommissioning of the VOR portion of
the York, KY, VORTAC NAVAID.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal. No comments were received.
Incorporation by Reference
VOR Federal airways are published in
paragraph 6010(a) and United States
Area Navigation Routes (T-routes) are
published in paragraph 6011 of FAA
Order JO 7400.11, Airspace
Designations and Reporting Points,
which is incorporated by reference in 14
CFR 71.1 on an annual basis. This
document amends the current version of
that order, FAA Order JO 7400.11H,
dated August 11, 2023, and effective
September 15, 2023. FAA Order JO
7400.11H is publicly available as listed
in the ADDRESSES section of this
document. These amendments will be
published in the next update to FAA
Order JO 7400.11.
FAA Order JO 7400.11H lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
The Rule
This action amends 14 CFR part 71 by
amending VOR Federal airways V–44,
V–128, and V–493, and United States
RNAV routes T–315 and T–323. The
FAA is taking this action due to the
planned decommissioning of the VOR
portion of the York, KY, VORTAC
NAVAID. The ATS route actions are
described below.
E:\FR\FM\16MYR1.SGM
16MYR1
]]>Agencies
[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Rules and Regulations]
[Pages 42792-42795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08577]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2137; Project Identifier MCAI-2022-01389-T;
Amendment 39-22737; AD 2024-08-04]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
De Havilland Aircraft of Canada Limited Model DHC-8-401 and -402
airplanes. This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. This AD requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective June 20, 2024.
ADDRESSES:
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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
[[Page 42793]]
Material Incorporated by Reference:
For De Havilland material, 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 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. It is also available at regulations.gov under
Docket No. FAA-2023-2137.
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].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all De Havilland
Aircraft of Canada Limited Model DHC-8-401 and -402 airplanes. The NPRM
published in the Federal Register on October 27, 2023 (88 FR 73775).
The NPRM was prompted by AD CF-2022-59, dated October 27, 2022, issued
by Transport Canada, which is the aviation authority for Canada
(referred to after this as the MCAI). The MCAI states that new or more
restrictive airworthiness limitations have been developed.
In the NPRM, the FAA proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. 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.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-2137.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from an individual who supported the
NPRM without change.
The FAA received additional comments from De Havilland Aircraft of
Canada Limited and Horizon Air. The following presents the comments
received on the NPRM and the FAA's response to each comment.
Request To Update the Number of Affected Airplanes
De Havilland requested that the Costs of Compliance section of the
NPRM be updated to show the correct number of affected airplanes.
The FAA agrees. The Costs of Compliance section of this AD has been
updated to show 52 affected airplanes.
Request To Require Tasks as Mandated in the MCAI
Horizon Air requested that the proposed AD directly mandate
maintenance review board report (MRBR) tasks instead of Aircraft
Maintenance Manual (AMM) tasks. Horizon noted that Transport Canada AD
CF-2022-59 mandates MRBR tasks directly, and that using the AMM tasks
would put an additional burden on the operator to monitor multiple
sources for the same tasks. The commenter also asserted that AMM task
77-31-00-710-803, which would be required by the proposed AD, adds MRBR
tasks 731100-203, 733100-201, 740000-201, 750000-201, 772100-202, and
793000-201. These tasks are not identified in Section 7-00, PSM 1-84-
7--Maintenance Requirements Manual--Part 2 ALI.
The FAA does not agree because the FAA has decided to not mandate
MRBRs that are part of Candidate Certification Maintenance Requirements
(CCMRs), which are required by Transport Canada AD CF-2022-59. Instead
of mandating the CCMR as done in the Transport Canada AD, the FAA,
after coordination with Transport Canada, determined the corresponding
AMM task numbers will be used. With the AMM tasks, operators must check
for all engine fault codes at once, which involves reading codes from
the engine fault code indicator. Although this involves more tasks, it
does not add a significant number of steps. Requiring the AMM task does
not pose a significant burden on the operator. This AD has not been
changed with regard to this request.
Request To Limit Required Tasks to Procedure Section
Horizon Air requested that the proposed AD require only the
procedure section of the AMM, with provisions for equivalent tooling
and materials, rather than requiring the entire AMM maintenance task,
including the job set-up, specific tools, equipment, and close-out
sections. The commenter stated that mandating the entire AMM
maintenance task procedure may restrict the operator's ability to
perform other maintenance along with AMM tasks.
The FAA does not agree. The job set-up and close-out procedures are
essential for ensuring the safety of maintenance personnel, and for
ensuring the correct completion of the AMM task. This AD has not been
changed with regard to this request.
Request To Allow Further AMM Revisions
Horizon Air requested clarification of whether future revisions of
the AMM are allowed. Horizon noted that the proposed AD did not address
whether task changes such as additions, removals, and interval
adjustments could cause an operator to be out of compliance with the
rule as issued.
The FAA agrees to clarify. Using the current revision of the AMMs
or other revisions that incorporate the information specified in
paragraph (g) of this AD is acceptable for compliance with this AD.
This AD does not mandate using a specific revision of the AMM, provided
that the revision used complies with the requirements of paragraph (g)
of this AD.
Conclusion
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, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.
Costs of Compliance
The FAA estimates that this AD affects 52 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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
[[Page 42794]]
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
This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) 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 Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:
2024-08-04 De Havilland Aircraft of Canada Limited (Type Certificate
Previously Held by Bombardier, Inc.): Amendment 39-22737; Docket No.
FAA-2023-2137; Project Identifier MCAI-2022-01389-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 20, 2024.
(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 each task in the AMM
Task column of figure 1 to paragraph (g) of this AD 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)--Maintenance or Inspection Program Revision
Figure 1 to Paragraph (g)--Maintenance or Inspection Program Revision
------------------------------------------------------------------------
Initial Interval
Effectivity compliance time limitation AMM task
------------------------------------------------------------------------
All.............. 10,000 total 10,000 FH...... 21-31-00-710-801
flight hours
(FH).
All.............. 20,000 total FH. 20,000 FH...... 21-31-00-710-803
All.............. 20,000 total FH. 20,000 FH...... 21-31-00-710-804
All.............. 35,000 total FH. 35,000 FH...... 22-11-00-720-803
All.............. 30,000 total FH. 30,000 FH...... 26-20-00-900-801
All.............. 30,000 total FH. 30,000 FH...... 26-20-00-900-802
All.............. 30,000 total FH. 30,000 FH...... 26-20-00-900-805
All.............. 30,000 total FH. 30,000 FH...... 26-20-00-900-807
All.............. 30,000 total FH. 30,000 FH...... 26-20-00-900-803
All.............. 30,000 total FH. 30,000 FH...... 26-20-00-900-804
All.............. 20,000 total FH. 20,000 FH...... 26-20-00-710-801
All.............. 20,000 total FH. 20,000 FH...... 28-21-00-710-801
All.............. 10,000 total FH. 10,000 FH...... 29-12-00-720-803
All.............. 4,950 total FH.. 4,950 FH....... 29-12-00-720-805
All.............. 4,950 total FH.. 4,950 FH....... 29-12-00-720-802
All.............. 4,950 total FH.. 4,950 FH....... 29-12-00-720-804
All.............. 30,000 total FH. 30,000 FH...... 30-11-00-710-802
All.............. 5,280 total FH.. 5,280 FH....... 31-41-00-710-802
All.............. 1,760 total FH.. 1,760 FH....... 32-11-00-210-802
All.............. 30,000 total FH. 30,000 FH...... 52-24-00-210-802
All.............. 4,400 total FH.. 4,400 FH....... 61-20-00-710-802
All.............. 150 total FH.... 150 FH......... 77-31-00-710-803
------------------------------------------------------------------------
[[Page 42795]]
(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) or intervals may be used unless the
actions or 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 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 April 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-08577 Filed 5-15-24; 8:45 am]
BILLING CODE 4910-13-P
