[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Rules and Regulations]
[Pages 34129-34131]
[FR Doc No: 2022-12224]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0593; Project Identifier MCAI-2022-00408-T;
Amendment 39-22064; AD 2022-11-14]
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; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and -
402 airplanes. This AD was prompted by reports that following a main
landing gear (MLG) extension, one of the MLGs could not be locked in
the gear down position due to deterioration of greasing effectiveness
over time. This AD requires repetitive lubrication of the MLG assembly.
The FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD becomes effective June 21, 2022.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 21,
2022.
    The FAA must receive comments on this AD by July 21, 2022.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this final rule, contact De
Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk, 123
Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-
4000; fax<PHONE_NUMBER>; email [email protected]; internet https://dehavilland.com. You may view this referenced 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<PHONE_NUMBER>. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2022-0593.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0593; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, any comments received, and other information. The
street address for the Docket Operations office is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Transport Canada Civil Aviation (TCCA) which is the aviation
authority for Canada, has issued TCCA AD CF-2022-12, dated March 21,
2022 (referred to after this as the Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an unsafe condition for certain
De Havilland Aircraft of Canada Limited Model DHC-8-401 and -402
airplanes. You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0593.
    This AD was prompted by reports that following a MLG extension, one
of the MLGs could not be locked in the gear down position due to
deterioration of greasing effectiveness over time. The deterioration of
grease affects the MLG assembly, including the lock actuator assembly,
stabilizer brace to nacelle structure attachment, downlock assembly,
stabilizer brace pivot, stabilizer brace to yoke attachment and
retractor actuator lug end. An increase in friction within the MLG
assembly (mechanism) could lead to failure to achieve an MLG down and
locked condition. The FAA is issuing this AD to address this condition,
which could result in a MLG collapse upon landing and consequently
could cause the wing of the airplane to make contact with the ground
and cause the airplane to flip. See the MCAI for additional background
information.

Related Service Information Under 1 CFR Part 51

    De Havilland Aircraft of Canada Limited has issued Service Bulletin
84-32-168, Revision A, dated February 8, 2022. This service information
describes procedures for repetitive lubrication of the MLG assembly,
which includes the lock actuator assembly, stabilizer brace to nacelle
structure attachment, downlock assembly, stabilizer brace pivot,
stabilizer brace to yoke attachment and retractor actuator lug end.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

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

Requirements of This AD

    This AD requires accomplishing the actions specified in the service
information described previously, except as discussed under
``Differences Between this AD and the MCAI or Service Information.''

Differences Between This AD and Service Information

    Paragraph 3.B. of the Accomplishment Instructions of De Havilland
Aircraft of Canada Limited Service Bulletin 84-32-168, Revision A,
dated February 8, 2022, specifies to do a review of the maintenance
records to verify the elapsed time from the last greasing operation on
the MLG; and for airplanes on which it has been over 3 months since the
last greasing, perform greasing on the MLG assembly. However, this AD
requires lubricating the MLG assembly within 500 flight hours or 3
months, whichever occurs

first after the effective date of this AD and thereafter at intervals
not to exceed 500 flight hours or 3 months, whichever occurs first.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because the FAA received reports that following a MLG extension, one of
the MLGs could not be locked in the gear down position due to
deterioration of greasing effectiveness over time. The deterioration of
grease affects the MLG assembly, including the lock actuator assembly,
stabilizer brace to nacelle structure attachment, downlock assembly,
stabilizer brace pivot, stabilizer brace to yoke attachment and
retractor actuator lug end. An increase in friction within the MLG
assembly (mechanism) could lead to failure to achieve an MLG down and
locked condition and result in an MLG collapse upon landing. For
certain Model DHC-8-401 and -402 airplanes, a MLG collapse could cause
the wing of the airplane to make contact with the ground as the wing on
the collapsed MLG side may dig in to the runway and cause the airplane
to flip. Therefore, the FAA finds good cause that notice and
opportunity for prior public comment are impracticable. In addition,
for the reasons stated above, the FAA finds that good cause exists for
making this amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0593; Project Identifier MCAI-
2022-00408-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule 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
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to
Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; 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.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 41 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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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2 work-hour x $85 per hour = $170............................              $0             $170           $6,970
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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 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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of 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:

2022-11-14 De Havilland Aircraft of Canada Limited (Type Certificate
Previously Held by Bombardier, Inc.): Amendment 39-22064; Docket No.
FAA-2022-0593; Project Identifier MCAI-2022-00408-T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 21,
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited (Type
Certificate Previously Held by Bombardier, Inc.) Model DHC-8-401 and
-402 airplanes, certificated in any category, serial numbers 4001,
4003 and subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by reports that following a main landing
gear (MLG) extension, one of the MLGs could not be locked in the
gear down position due to deterioration of greasing effectiveness
over time. An increase in friction within the MLG assembly
(mechanism) could lead to failure to achieve an MLG down and locked
condition. The FAA is issuing this AD to address this condition,
which could result in a MLG collapse upon landing and consequently
could cause the wing of the airplane to make contact with the ground
and cause the airplane to flip.

(f) Compliance

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

(g) Repetitive Lubrication of the MLG Assembly

    Within 500 flight hours or 3 months, whichever occurs first
after the effective date of this AD: Lubricate the MLG assembly in
accordance with paragraph 3.B.(2) of the Accomplishment Instructions
of De Havilland Aircraft of Canada Limited Service Bulletin 84-32-
168, Revision A, dated February 8, 2022. Thereafter repeat the
lubrication of the MLG assembly at intervals not to exceed 500
flight hours or 3 months, whichever occurs first.

(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 of Canada Limited
Service Bulletin 84-32-168, dated December 3, 2021.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your responsible
Flight Standards Office, as appropriate. If sending information
directly to the manager of the certification office, send it to
ATTN: Program Manager, Continuing Operational Safety, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any approved
AMOC, notify your appropriate principal inspector, or lacking a
principal inspector, the manager of the responsible Flight Standards
Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or De
Havilland Aircraft of Canada Limited's TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Transport Canada Civil Aviation AD CF-2022-12, dated March
21, 2022, for related information. This MCAI may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2022-0593.
    (2) For more information about this AD, contact Elizabeth
Dowling, Aerospace Engineer, Mechanical Systems and Administrative
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.

(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-
32-168, Revision A, dated February 8, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact De
Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk,
123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone
416-375-4000; fax<PHONE_NUMBER>; email [email protected]; internet
https://dehavilland.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 24, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-12224 Filed 6-2-22; 4:15 pm]
BILLING CODE 4910-13-P