Proposed Rule2023-20514
Airworthiness Directives; De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 25, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and -402 airplanes. This proposed AD was prompted by reports of moisture in the wing-to-fuselage joint, between the mating front spar and rear spar frame segments. This proposed AD would require a visual inspection of the fuselage front and rear spar frames, an ultrasonic test if applicable, other specified actions, and repair if necessary. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 184 (Monday, September 25, 2023)</title>
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[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Proposed Rules]
[Pages 65635-65637]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20514]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1885; Project Identifier MCAI-2022-01484-T]
RIN 2120-AA64
Airworthiness Directives; De Havilland Aircraft of Canada Limited
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and
-402 airplanes. This proposed AD was prompted by reports of moisture in
the wing-to-fuselage joint, between the mating front spar and rear spar
frame segments. This proposed AD would require a visual inspection of
the fuselage front and rear spar frames, an ultrasonic test if
applicable, other specified actions, and repair if necessary. 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 November 9,
2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1885; 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:
<bullet> 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 855-310-1013 or 647-277-5820; email:
<a href="/cdn-cgi/l/email-protection#22564a46621e43024a5047441f" http: dehavilland.com">dehavilland.com</a>">thd@<a href="http://dehavilland.com">dehavilland.com</a></a>; website: <a href="http://dehavilland.com">dehavilland.com</a>.
<bullet> You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Deep Gaurav, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email: <a href="/cdn-cgi/l/email-protection#f195949481df969084839087b1979090df969e87"><span class="__cf_email__" data-cfemail="90f4f5f5e0bef7f1e5e2f1e6d0f6f1f1bef7ffe6">[email protected]</span></a>.
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-2023-1885; Project Identifier
MCAI-2022-01484-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
<a href="http://regulations.gov">regulations.gov</a>, 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 Deep
Gaurav, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#83e7e6e6f3ade4e2f6f1e2f5c3e5e2e2ade4ecf5"><span class="__cf_email__" data-cfemail="11757474613f767064637067517770703f767e67">[email protected]</span></a>.
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-2022-63, dated November 17, 2022
(Transport Canada AD CF-2022-63) (also referred to as the MCAI), to
correct an unsafe condition on certain De Havilland Aircraft of Canada
Limited Model DHC-8-401 and -402 airplanes. The MCAI states several
reports of moisture have been found in the wing-to-fuselage joint,
between the mating front spar and rear spar frame segments. This
condition, if not corrected, could lead to corrosion and structural
degradation of the wing-to-fuselage joint and possible wing separation
from the airplane.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1885.
Related Service Information Under 1 CFR Part 51
The FAA reviewed De Havilland Aircraft of Canada Limited Service
Bulletin 84-53-81, Revision A, dated August 23, 2022. This service
information specifies procedures for a general visual inspection of the
fuselage front and rear spar frames (including around the frame bolts)
for signs of moisture (i.e., stains and streaks). If signs of moisture
ingress are noted in the affected structure because of this inspection,
then an ultrasonic test and other specified actions will be required,
which includes installing a sealant plug, refinishing the frame edge
sealing, and removing the existing frame recess sealant between the
frame and struts in the cabin.
This service information is reasonably available because the
interested parties have access to it through their normal
[[Page 65636]]
course of business or by the means identified in the ADDRESSES section.
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, it
has notified the FAA of the unsafe condition described in the MCAI and
the service information referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition previously described is
likely to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the service information already described. This proposed AD would
also require repairing any corrosion or structural degradation found
during the ultrasonic test.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 41 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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16 work-hours x $85 per hour = $1,360........................ $3,134 $4,494 $184,254
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this proposed AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
De Havilland Aircraft of Canada Limited (Type Certificate Previously
Held by Bombardier, Inc.): Docket No. FAA-2023-1885; Project
Identifier MCAI-2022-01484-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 9, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to De Havilland Aircraft of Canada Limited (Type
Certificate Previously Held by Bombardier, Inc.) Model DHC-8-401 and
-402 airplanes, certificated in any category, having serial numbers
4001 and 4003 through 4624 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code: 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of moisture in the wing-to-
fuselage joint, between the mating front spar and rear spar frame
segments. The FAA is issuing this AD to address corrosion and
structural degradation of the wing-to-fuselage joint. The unsafe
condition, if not addressed, could result in wing separation from
the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection and Corrective Action
At the applicable compliance times specified in paragraph (g)(1)
or (2) of this AD, in accordance with Section 3.B., of the
Accomplishment Instructions of De Havilland Aircraft of Canada
Service Bulletin 84-53-81, Revision A, dated August 23, 2022,
complete a general visual inspection of the fuselage spar frames and
around the frame bolts for signs of moisture ingress (i.e., stains
and streaks), accomplish other specified actions, and if necessary,
perform an ultrasonic test. Do all applicable ultrasonic tests
before further flight. If, during any ultrasonic test, any corrosion
or structural degradation is found, before further flight, repair
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.
(1) For airplanes that, as of the effective date of this AD,
have accumulated less than 32,000 total flight cycles: before
accumulating 40,000 total flight cycles.
(2) For airplanes that, as of the effective date of this AD,
have accumulated 32,000 or more total flight cycles: within 8,000
flight hours or 48 months, whichever occurs first after the
effective date of this AD.
(h) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using De Havilland Aircraft
[[Page 65637]]
of Canada Limited Service Bulletin 84-53-81, dated May 27, 2022.
(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 manager,
International Validation Branch, mail it to the address identified
in paragraph (j)(2) of this AD or email to: <a href="/cdn-cgi/l/email-protection#7a43573b2c29573b3328574d494a573b3735393a1c1b1b541d150c"><span class="__cf_email__" data-cfemail="ab9286eafdf886eae2f9869c989b86eae6e4e8ebcdcaca85ccc4dd">[email protected]</span></a>. 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-2022-63, dated November 17,
2022, for related information. This Transport Canada AD may be found
in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1885.
(2) For more information about this AD, contact Deep Gaurav,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email:
<a href="/cdn-cgi/l/email-protection#ed8988889dc38a8c989f8c9bad8b8c8cc38a829b"><span class="__cf_email__" data-cfemail="6d0908081d430a0c181f0c1b2d0b0c0c430a021b">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) De Havilland Aircraft of Canada Limited Service Bulletin 84-
53-81, Revision A, dated August 23, 2022.
(ii) [Reserved]
(3) For service information identified in this AD, contact De
Havilland Aircraft of Canada Limited, Dash 8 Series Customer
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9,
Canada; telephone 855-310-1013 or 647-277-5820; email:
<a href="/cdn-cgi/l/email-protection#26524e42661a47064e5443401b" http: dehavilland.com">dehavilland.com</a>">thd@<a href="http://dehavilland.com">dehavilland.com</a></a>; website: <a href="http://dehavilland.com">dehavilland.com</a>.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email <a href="/cdn-cgi/l/email-protection#7513075b1c1b06051016011c1a1b351b1407145b121a03"><span class="__cf_email__" data-cfemail="4523376b2c2b36352026312c2a2b052b2437246b222a33">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on September 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-20514 Filed 9-22-23; 8:45 am]
BILLING CODE 4910-13-P
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