Airworthiness Directives; Dornier Model 328-100 and -300 Airplanes, 30752-30755 [E8-11468]
Download as PDF
<![CDATA[
30752
Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations
TABLE 2.—DRAWINGS INCLUDED IN FOKKER SERVICE BULLETIN SBF100–22–050—Continued
Fokker drawing
W41504
W41504
W41504
W46140
W46140
W46143
W46143
W46144
W46144
W46912
W46930
W46930
W46932
W59140
W59140
W59140
Sheet
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Fokker Services B.V.,
Technical Services Dept., P.O. Box 231, 2150
AE Nieuw-Vennep, the Netherlands.
(3) You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on May 14,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–11501 Filed 5–28–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0544; Directorate
Identifier 2008–NM–099–AD; Amendment
39–15535; AD 2008–10–51]
RIN 2120–AA64
Airworthiness Directives; Dornier
Model 328–100 and –300 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
pwalker on PROD1PC71 with RULES
AGENCY:
SUMMARY: This document publishes in
the Federal Register an amendment
adopting airworthiness directive (AD)
2008–10–51 that was sent previously to
VerDate Aug<31>2005
17:07 May 28, 2008
Jkt 214001
Issue
011
012
013
27
28
02
03
06
07
01
01
02
01
177
178
221
Date
J ...............................................................................
L ...............................................................................
L ...............................................................................
AR ............................................................................
AR ............................................................................
K ...............................................................................
K ...............................................................................
R ...............................................................................
S ...............................................................................
D ...............................................................................
Original .....................................................................
E ...............................................................................
D ...............................................................................
GC ............................................................................
GB ............................................................................
GB ............................................................................
April 25, 2006.
April 25, 2006.
April 25, 2006.
March 5, 2002.
March 8, 2002.
February 26, 2002.
March 7, 2002.
March 4, 2002.
March 7, 2002.
March 12, 2002.
March 14, 2002.
March 14, 2002.
March 13, 2002.
February 8, 2006.
February 6, 2006.
February 6, 2006.
all known U.S. owners and operators of
all Dornier Model 328–100 and –300
airplanes by individual notices. This AD
requires detailed visual and eddy
current inspections of both the left-hand
and right-hand lower wing panel of the
rear trailing edge (inboard and outboard
of flap lever arm 1 (rib 3 and rib 5)) for
cracks, and repair if necessary. This AD
is prompted by cracks found in the
lower wing panel of the rear trailing
edge (inboard and outboard of flap lever
arm 1 (rib 5)) during a routine
inspection on a Model 328–100
airplane. Subsequent inspection of the
other Model 328–100 airplanes in the
same fleet revealed several more
airplanes with cracks at the same
location. We are issuing this AD to
prevent structural failure of the affected
wing panel, possible separation of the
wing from the airplane, and consequent
loss of control of the airplane.
DATES: This AD becomes effective June
3, 2008 to all persons except those
persons to whom it was made
immediately effective by emergency AD
2008–10–51, issued May 8, 2008, which
contained the requirements of this
amendment.
The incorporation by reference of
certain publications listed in the AD is
approved by the Director of the Federal
Register as of June 3, 2008.
We must receive comments on this
AD by July 28, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
• 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 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this AD, contact 328 Support Services
GmbH, P.O. Box 1252, D–82231
Wessling, Federal Republic of Germany.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (telephone 800–647–
5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Mike Borfitz, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2677; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION: On May 8,
2008, we issued emergency AD 2008–
10–51, which applies to all Dornier
Model 328–100 and –300 airplanes.
Background
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, notified the FAA that an
unsafe condition may exist on all
Dornier Model 328–100 and –300
airplanes. The EASA advises that,
during a routine inspection, cracks were
found in the lower wing panel of the
E:\FR\FM\29MYR1.SGM
29MYR1
Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations
rear trailing edge (inboard and outboard
of flap lever arm 1 (rib 5)) on a Model
328–100 airplane. Subsequent
inspection of the other Model 328–100
airplanes in the same fleet revealed
several more airplanes with cracks at
the same location. The cause of the
cracking is unknown. This condition, if
not corrected, could result in structural
failure of the affected wing panel,
possible separation of the wing from the
airplane, and consequent loss of control
of the airplane.
Relevant Service Information
328 Support Services GmbH has
issued Dornier Alert Service Bulletins
ASB–328J–57–015 (for Model 328–300
airplanes), and ASB–328–57–037 (for
Model 328–100 airplanes), both
Revision 1, both dated May 8, 2008. The
service bulletins describe procedures for
detailed visual and eddy current
inspections of both the left-hand (LH)
and right-hand (RH) lower wing panel of
the rear trailing edge (inboard and
outboard of flap lever arm 1 (rib 3 and
rib 5)) for cracks. The EASA mandated
the service bulletins and issued EASA
emergency airworthiness directive
2008–0087–E, dated May 8, 2008, to
ensure the continued airworthiness of
these airplanes in Europe.
pwalker on PROD1PC71 with RULES
FAA’s Determination and Requirements
of This AD
These airplane models are
manufactured in Europe and are type
certificated for operation in the United
States under the provisions of section
21.29 of the Federal Aviation
Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness
agreement. Pursuant to this bilateral
airworthiness agreement, the EASA has
kept the FAA informed of the situation
described above. We have examined the
EASA’s findings, evaluated all pertinent
information, and determined that we
need to issue an AD for products of this
type design that are certificated for
operation in the United States.
Since the unsafe condition described
is likely to exist or develop on other
airplanes of the same type design, we
issued emergency AD 2008–10–51 to
prevent structural failure of the affected
wing panel, possible separation of the
wing from the airplane, and consequent
loss of control of the airplane. The AD
requires accomplishing the actions
specified in the service information
previously described, except as
described in ‘‘Differences Between This
AD and Service Information.’’ This AD
also requires you to report the
inspection results to 328 Support
Services GmbH.
VerDate Aug<31>2005
17:07 May 28, 2008
Jkt 214001
We found that immediate corrective
action was required; therefore, notice
and opportunity for prior public
comment thereon were impracticable
and contrary to the public interest, and
good cause existed to make the AD
effective immediately by individual
notices issued on May 8, 2008, to all
known U.S. owners and operators of all
Dornier Model 328–100 and –300
airplanes. These conditions still exist,
and the AD is hereby published in the
Federal Register as an amendment to
section 39.13 of the Federal Aviation
Regulations (14 CFR 39.13) to make it
effective to all persons.
Differences Between This AD and
Service Information
The service bulletins specify to
contact the manufacturer for
instructions on how to repair cracks, but
this AD requires repairing the cracks
using a method approved by the FAA or
the EASA (or its delegated agent). In
light of the type of repair that is
required to address the unsafe
condition, and consistent with existing
bilateral airworthiness agreements, we
have determined that, for this AD, a
repair approved by the FAA or the
EASA (or its delegated agent) is
acceptable for compliance with this AD.
Unlike the procedures described in
the service bulletins that specify a onetime eddy current inspection, this AD
requires the eddy current inspection to
be repeated at intervals not to exceed
400 flight hours. Doing the eddy current
inspections terminates the detailed
visual inspections required by this AD.
We have determined that, because of the
safety implications and consequences
associated with the cracking, the eddy
current inspection of the affected area
must be repeated. This difference has
been coordinated with the EASA.
Interim Action
This AD requires that operators report
the results of the inspections to 328
Support Services GmbH. Because the
cause of the cracking is not known,
these required inspection reports will
help determine the extent of the
cracking in the affected fleet. Based on
the results of these reports, we may
determine that further corrective action
is warranted.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not provide you with notice and
an opportunity to provide your
comments before it becomes effective.
However, we invite you to send any
written data, views, or arguments about
this AD. Send your comments to an
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
30753
address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2008–0544; Directorate Identifier 2008–
NM–099–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this AD. We will consider all
comments received by the closing date
and may amend this AD because of
those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this 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.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have 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.
The FAA has determined that this
regulation is an emergency regulation
that must be issued immediately to
correct an unsafe condition in aircraft,
and that it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866. It has been determined
further that this action involves an
emergency regulation under DOT
Regulatory Policies and Procedures (44
FR 11034, February 26, 1979). If this
emergency regulation is later deemed
significant under DOT Regulatory
Policies and Procedures, we will
prepare a final regulatory evaluation
E:\FR\FM\29MYR1.SGM
29MYR1
30754
Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations
and place it in the AD Docket. See the
ADDRESSES section for a location to
examine the regulatory evaluation, if
filed.
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:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
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 (AD):
I
2008–10–51 328 Support Services GmbH
(Formerly Avcraft Aerospace GmbH):
Amendment 39–15535. Docket No.
FAA–2008–0544; Directorate Identifier
2008–NM–099–AD.
Effective Date
(a) This AD becomes effective June 3, 2008,
to all persons except those persons to whom
it was made immediately effective by
emergency AD 2008–10–51, issued on May 8,
2008, which contained the requirements of
this amendment.
Affected ADs
(b) None.
Applicability
(c) This AD applies all Dornier Model 328–
100 and –300 airplanes, certificated in any
category.
pwalker on PROD1PC71 with RULES
Unsafe Condition
(d) This AD results from a report indicating
that, during a routine inspection, cracks were
found in the lower wing panel of the rear
trailing edge (inboard and outboard of flap
lever arm 1 (rib 5)) on a Model 328–100
airplane. Subsequent inspection of the other
Model 328–100 airplanes in the same fleet
revealed several more airplanes with cracks
at the same location. We are issuing this AD
to prevent structural failure of the affected
wing panel, possible separation of the wing
from the airplane, and consequent loss of
control of the airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Repetitive Detailed Visual Inspections for
Cracks
(f) Within 10 flight cycles, or 10 flight
hours, or 7 days, whichever occurs first, after
VerDate Aug<31>2005
17:07 May 28, 2008
Jkt 214001
the effective date of this AD: Accomplish a
detailed visual inspection of both the lefthand (LH) and right-hand (RH) lower wing
panel inboard and outboard of flap lever arm
1 (rib 5) for cracks, in accordance with the
Accomplishment Instructions of Dornier
Alert Service Bulletin ASB–328J–57–015, or
ASB–328–57–037, both Revision 1, both
dated May 8, 2008, as applicable. If no crack
is detected, repeat the detailed visual
inspection thereafter at intervals not to
exceed 50 flight hours until the eddy current
inspection required by paragraph (g) of this
AD is accomplished. If any crack is detected,
before further flight, do an eddy current
inspection in accordance with paragraph (g)
of this AD.
Repetitive Eddy Current Inspections for
Cracks
(g) Within 400 flight hours or 3 months
after the effective date of this AD, whichever
occurs first: Accomplish an eddy current
inspection of both the LH and RH lower wing
panel in the vicinity of rib 3 and inboard and
outboard of flap lever arm 1 (rib 5) for cracks,
in accordance with the Accomplishment
Instructions of Dornier Alert Service Bulletin
ASB–328J–57–015, or ASB–328–57–037,
both Revision 1, both dated May 8, 2008, as
applicable. Repeat the eddy current
inspection thereafter at intervals not to
exceed 400 flight hours. Accomplishment of
the eddy current inspection terminates the
detailed visual inspection required by
paragraph (f) of this AD.
Repair
(h) If any crack is detected during any
inspection required by this AD: Before
further flight, repair the crack using a method
approved by either the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA; or the European
Aviation Safety Agency (or its delegated
agent).
Credit for Previously Accomplished Actions
(i) Accomplishment of the actions required
by paragraph (f) or (g) of this AD before the
effective date of this AD in accordance with
Dornier Alert Service Bulletin ASB–328J–57–
015 or ASB–328–57–037, both dated May 5,
2008, as applicable, is considered acceptable
for compliance with the corresponding initial
inspection requirements specified in
paragraph (f) or (g) of this AD.
Report
(j) At the applicable time specified in
paragraph (j)(1) or (j)(2) of this AD: Send 328
Support Services GmbH a report of findings
(both positive and negative) found during
each inspection required by paragraphs (f)
and (g) of this AD. The report must include
the inspection results, a description of any
cracks found, the airplane serial number, and
the number of landings and flight hours on
the airplane. Send the report to 328 Support
Services GmbH, Global Support Center, P.O.
Box 1252, D–82231 Wessling, Federal
Republic of Germany; Telephone +49 8153
88111 6666; fax 49 8153 88111 6565; E-mail:
gsc.op@328support.de. Under the provisions
of the Paperwork Reduction Act (44 U.S.C.
3501 et seq.), the Office of Management and
Budget (OMB) has approved the information
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
collection requirements contained in this AD
and has assigned OMB Control Number
2120–0056.
(1) For any inspection done after the
effective date of this AD: Within 3 days after
the inspection.
(2) For any inspection done before the
effective date of this AD: Within 3 days after
the effective date of this AD.
Special Flight Permits
(k) Special flight permits may be issued in
accordance with sections 21.197 and 21.199
of the Federal Aviation Regulations (14 CFR
21.197 and 21.199) to operate the airplane to
a location where the requirements of this AD
can be done if the following conditions are
met:
(1) The initial inspection required by
paragraph (f) of this AD must be
accomplished.
(2) If a crack indication exceeds 12.5 mm
(0.49 inch), the Manager, International
Branch, ANM–116, concurs with issuance of
the special flight permits.
Alternative Methods of Compliance
(AMOCs)
(l)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Related Information
(m) European Aviation Safety Agency
emergency airworthiness directive 2008–
0087–E, dated May 8, 2008, also addresses
the subject of this AD.
Material Incorporated by Reference
(n) You must use Dornier Alert Service
Bulletin ASB–328J–57–015, Revision 1, dated
May 8, 2008; or Dornier Alert Service
Bulletin ASB–328–57–037, Revision 1, dated
May 8, 2008; as applicable; to perform the
actions that are required by this AD, unless
the AD specifies otherwise. (Only the oddnumbered pages of the documents contain
the document revision level and issue date;
the even-numbered pages do not contain this
information.) The Director of the Federal
Register approved the incorporation by
reference of these documents in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To
get copies of the service information, contact
328 Support Services GmbH, P.O. Box 1252,
D–82231 Wessling, Germany. You may
review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
E:\FR\FM\29MYR1.SGM
29MYR1
Federal Register / Vol. 73, No. 104 / Thursday, May 29, 2008 / Rules and Regulations
Issued in Renton, Washington, on May 14,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–11468 Filed 5–28–08; 8:45 am]
ADDRESSES:
BILLING CODE 4910–13–P
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (telephone 800–647–5527)
is the Document Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–28598; Directorate
Identifier 2007–NM–036–AD; Amendment
39–15529; AD 2008–11–07]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 757 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
pwalker on PROD1PC71 with RULES
AGENCY:
17:07 May 28, 2008
Examining the AD Docket
Judy
Coyle, Aerospace Engineer, Propulsion
Branch, ANM–140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington
98057–3356; telephone (425) 917–6497;
fax (425) 917–6590.
FOR FURTHER INFORMATION CONTACT:
SUMMARY: We are adopting a new
airworthiness directive (AD) for all
Boeing Model 757 airplanes. This AD
requires installation of an automatic
shutoff system for the center tank fuel
boost pumps, and installation of a
placard in the airplane flight deck if
necessary. This AD also requires
revisions to the Limitations and Normal
Procedures sections of the airplane
flight manual to advise the flightcrew of
certain operating restrictions for
airplanes equipped with an automated
center tank fuel pump shutoff control.
This AD also requires a revision to the
Airworthiness Limitations (AWLs)
section of the Instructions for Continued
Airworthiness to incorporate AWLs No.
28–AWL–20 and No. 28–AWL–26. This
AD also requires replacement of the fuel
control panel assembly with a modified
part, installation of two secondary
pump control relays for the center tank
fuel pumps, other specified actions, and
concurrent modification of the fuel
control panel assembly. This AD results
from fuel system reviews conducted by
the manufacturer. We are issuing this
AD to prevent center tank fuel pump
operation with continuous low pressure,
which could lead to friction sparks or
overheating in the fuel pump inlet that
could create a potential ignition source
inside the center fuel tank; these
conditions, in combination with
flammable fuel vapors, could result in a
center fuel tank explosion and
consequent loss of the airplane.
DATES: This AD is effective July 3, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of July 3, 2008.
VerDate Aug<31>2005
For service information
identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207.
Jkt 214001
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness
directive (AD) that would apply to all
Boeing Model 757–200, –200CB,
–200PF, and –300 series airplanes. That
NPRM was published in the Federal
Register on July 9, 2007 (72 FR 37132).
That NPRM proposed to require
installation of an automatic shutoff
system for the center tank fuel boost
pumps, and installation of a placard in
the airplane flight deck if necessary.
That NPRM also proposed to require
revisions to the Limitations and Normal
Procedures sections of the airplane
flight manual to advise the flightcrew of
certain operating restrictions for
airplanes equipped with an automated
center tank fuel pump shutoff control.
That NPRM also proposed to require a
revision to the Airworthiness
Limitations (AWLs) section of the
Instructions for Continued
Airworthiness (ICA) to incorporate
AWLs No. 28–AWL–20 and No. 28–
AWL–26. That NPRM also proposed to
require replacement of the fuel control
panel assembly with a modified part,
installation of two secondary pump
control relays for the center tank fuel
pumps, other specified actions, and
concurrent modification of the fuel
control panel assembly.
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
30755
Actions Since NPRM Was Issued
On April 29, 2008, we issued AD
2008–10–11, amendment 39–15517, that
applies to all Model 757 airplanes. AD
2008–10–11, among other actions,
requires revising the AWLs section of
the ICA by incorporating AWLs No. 28–
AWL–01 through No. 28–AWL–24 of
Section 9 of the Boeing 757
Maintenance Planning Document (MPD)
Document D622N001–9, Revision
March 2008. AD 2008–10–11 also
provides the optional action of
incorporating AWL No. 28–AWL–26.
This AD, however, requires the
incorporation of AWLs No. 28–AWL–20
and No. 28–AWL–26 in accordance with
paragraphs (j) and (m) of this AD,
respectively. Therefore, we have added
a new paragraph (q) to this AD
specifying that incorporating AWLs No.
28–AWL–20 and No. 28–AWL–26 into
the AWLs section of the ICA in
accordance with paragraph (g)(3) of AD
2008–10–11 terminates the
corresponding actions required by this
AD.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received from
the four commenters.
Request To Revise the Unsafe Condition
Boeing requests that we clarify the
unsafe condition in the summary and in
paragraph (d) of the NPRM. Boeing
states that the unsafe condition exists
when continuous low pressure is
indicated during pump operation with
no fuel available to cover the pump
inlet, and that it does not exist when
there is fuel available to cover the pump
inlet during pump operation. Boeing
suggests using the following statement:
We are issuing this AD to prevent center
tank fuel pump operation with continuous
low pressure (with no fuel passing through
the pump), which could lead to friction
sparks or overheating in the fuel pump inlet
that could create a potential ignition source
inside the center fuel tank. These conditions,
in combination with flammable fuel vapors,
could result in a center fuel tank explosion
and consequent loss of the airplane.
We agree that the unsafe condition is
present only when there is no fuel
available to cover the pump inlet. When
fuel is not covering the pump inlet, the
‘‘continuous low pressure’’ indication
will be present. Therefore, we have not
added the phrase ‘‘with no fuel passing
through the pump’’ to this AD in this
regard, since the continuous low
pressure indication is integral to
describing the unsafe condition. We
have, however, revised the summary
and paragraph (d) of this AD by
E:\FR\FM\29MYR1.SGM
29MYR1
]]>Agencies
[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Rules and Regulations]
[Pages 30752-30755]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11468]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0544; Directorate Identifier 2008-NM-099-AD;
Amendment 39-15535; AD 2008-10-51]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 and -300
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This document publishes in the Federal Register an amendment
adopting airworthiness directive (AD) 2008-10-51 that was sent
previously to all known U.S. owners and operators of all Dornier Model
328-100 and -300 airplanes by individual notices. This AD requires
detailed visual and eddy current inspections of both the left-hand and
right-hand lower wing panel of the rear trailing edge (inboard and
outboard of flap lever arm 1 (rib 3 and rib 5)) for cracks, and repair
if necessary. This AD is prompted by cracks found in the lower wing
panel of the rear trailing edge (inboard and outboard of flap lever arm
1 (rib 5)) during a routine inspection on a Model 328-100 airplane.
Subsequent inspection of the other Model 328-100 airplanes in the same
fleet revealed several more airplanes with cracks at the same location.
We are issuing this AD to prevent structural failure of the affected
wing panel, possible separation of the wing from the airplane, and
consequent loss of control of the airplane.
DATES: This AD becomes effective June 3, 2008 to all persons except
those persons to whom it was made immediately effective by emergency AD
2008-10-51, issued May 8, 2008, which contained the requirements of
this amendment.
The incorporation by reference of certain publications listed in
the AD is approved by the Director of the Federal Register as of June
3, 2008.
We must receive comments on this AD by July 28, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact 328 Support
Services GmbH, P.O. Box 1252, D-82231 Wessling, Federal Republic of
Germany.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Mike Borfitz, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2677; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: On May 8, 2008, we issued emergency AD 2008-
10-51, which applies to all Dornier Model 328-100 and -300 airplanes.
Background
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, notified the FAA
that an unsafe condition may exist on all Dornier Model 328-100 and -
300 airplanes. The EASA advises that, during a routine inspection,
cracks were found in the lower wing panel of the
[[Page 30753]]
rear trailing edge (inboard and outboard of flap lever arm 1 (rib 5))
on a Model 328-100 airplane. Subsequent inspection of the other Model
328-100 airplanes in the same fleet revealed several more airplanes
with cracks at the same location. The cause of the cracking is unknown.
This condition, if not corrected, could result in structural failure of
the affected wing panel, possible separation of the wing from the
airplane, and consequent loss of control of the airplane.
Relevant Service Information
328 Support Services GmbH has issued Dornier Alert Service
Bulletins ASB-328J-57-015 (for Model 328-300 airplanes), and ASB-328-
57-037 (for Model 328-100 airplanes), both Revision 1, both dated May
8, 2008. The service bulletins describe procedures for detailed visual
and eddy current inspections of both the left-hand (LH) and right-hand
(RH) lower wing panel of the rear trailing edge (inboard and outboard
of flap lever arm 1 (rib 3 and rib 5)) for cracks. The EASA mandated
the service bulletins and issued EASA emergency airworthiness directive
2008-0087-E, dated May 8, 2008, to ensure the continued airworthiness
of these airplanes in Europe.
FAA's Determination and Requirements of This AD
These airplane models are manufactured in Europe and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the EASA has kept the FAA informed
of the situation described above. We have examined the EASA's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States.
Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design, we issued emergency AD
2008-10-51 to prevent structural failure of the affected wing panel,
possible separation of the wing from the airplane, and consequent loss
of control of the airplane. The AD requires accomplishing the actions
specified in the service information previously described, except as
described in ``Differences Between This AD and Service Information.''
This AD also requires you to report the inspection results to 328
Support Services GmbH.
We found that immediate corrective action was required; therefore,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual notices
issued on May 8, 2008, to all known U.S. owners and operators of all
Dornier Model 328-100 and -300 airplanes. These conditions still exist,
and the AD is hereby published in the Federal Register as an amendment
to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to
make it effective to all persons.
Differences Between This AD and Service Information
The service bulletins specify to contact the manufacturer for
instructions on how to repair cracks, but this AD requires repairing
the cracks using a method approved by the FAA or the EASA (or its
delegated agent). In light of the type of repair that is required to
address the unsafe condition, and consistent with existing bilateral
airworthiness agreements, we have determined that, for this AD, a
repair approved by the FAA or the EASA (or its delegated agent) is
acceptable for compliance with this AD.
Unlike the procedures described in the service bulletins that
specify a one-time eddy current inspection, this AD requires the eddy
current inspection to be repeated at intervals not to exceed 400 flight
hours. Doing the eddy current inspections terminates the detailed
visual inspections required by this AD. We have determined that,
because of the safety implications and consequences associated with the
cracking, the eddy current inspection of the affected area must be
repeated. This difference has been coordinated with the EASA.
Interim Action
This AD requires that operators report the results of the
inspections to 328 Support Services GmbH. Because the cause of the
cracking is not known, these required inspection reports will help
determine the extent of the cracking in the affected fleet. Based on
the results of these reports, we may determine that further corrective
action is warranted.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments before it becomes effective. However, we invite
you to send any written data, views, or arguments about this AD. Send
your comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2008-0544; Directorate Identifier 2008-NM-099-AD'' at
the beginning of your comments. We specifically invite comments on the
overall regulatory, economic, environmental, and energy aspects of this
AD. We will consider all comments received by the closing date and may
amend this AD because of those comments.
We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this 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.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have 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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If this
emergency regulation is later deemed significant under DOT Regulatory
Policies and Procedures, we will prepare a final regulatory evaluation
[[Page 30754]]
and place it in the AD Docket. See the ADDRESSES section for a location
to examine the regulatory evaluation, if filed.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 (AD):
2008-10-51 328 Support Services GmbH (Formerly Avcraft Aerospace
GmbH): Amendment 39-15535. Docket No. FAA-2008-0544; Directorate
Identifier 2008-NM-099-AD.
Effective Date
(a) This AD becomes effective June 3, 2008, to all persons
except those persons to whom it was made immediately effective by
emergency AD 2008-10-51, issued on May 8, 2008, which contained the
requirements of this amendment.
Affected ADs
(b) None.
Applicability
(c) This AD applies all Dornier Model 328-100 and -300
airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from a report indicating that, during a
routine inspection, cracks were found in the lower wing panel of the
rear trailing edge (inboard and outboard of flap lever arm 1 (rib
5)) on a Model 328-100 airplane. Subsequent inspection of the other
Model 328-100 airplanes in the same fleet revealed several more
airplanes with cracks at the same location. We are issuing this AD
to prevent structural failure of the affected wing panel, possible
separation of the wing from the airplane, and consequent loss of
control of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Repetitive Detailed Visual Inspections for Cracks
(f) Within 10 flight cycles, or 10 flight hours, or 7 days,
whichever occurs first, after the effective date of this AD:
Accomplish a detailed visual inspection of both the left-hand (LH)
and right-hand (RH) lower wing panel inboard and outboard of flap
lever arm 1 (rib 5) for cracks, in accordance with the
Accomplishment Instructions of Dornier Alert Service Bulletin ASB-
328J-57-015, or ASB-328-57-037, both Revision 1, both dated May 8,
2008, as applicable. If no crack is detected, repeat the detailed
visual inspection thereafter at intervals not to exceed 50 flight
hours until the eddy current inspection required by paragraph (g) of
this AD is accomplished. If any crack is detected, before further
flight, do an eddy current inspection in accordance with paragraph
(g) of this AD.
Repetitive Eddy Current Inspections for Cracks
(g) Within 400 flight hours or 3 months after the effective date
of this AD, whichever occurs first: Accomplish an eddy current
inspection of both the LH and RH lower wing panel in the vicinity of
rib 3 and inboard and outboard of flap lever arm 1 (rib 5) for
cracks, in accordance with the Accomplishment Instructions of
Dornier Alert Service Bulletin ASB-328J-57-015, or ASB-328-57-037,
both Revision 1, both dated May 8, 2008, as applicable. Repeat the
eddy current inspection thereafter at intervals not to exceed 400
flight hours. Accomplishment of the eddy current inspection
terminates the detailed visual inspection required by paragraph (f)
of this AD.
Repair
(h) If any crack is detected during any inspection required by
this AD: Before further flight, repair the crack using a method
approved by either the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the European Aviation Safety
Agency (or its delegated agent).
Credit for Previously Accomplished Actions
(i) Accomplishment of the actions required by paragraph (f) or
(g) of this AD before the effective date of this AD in accordance
with Dornier Alert Service Bulletin ASB-328J-57-015 or ASB-328-57-
037, both dated May 5, 2008, as applicable, is considered acceptable
for compliance with the corresponding initial inspection
requirements specified in paragraph (f) or (g) of this AD.
Report
(j) At the applicable time specified in paragraph (j)(1) or
(j)(2) of this AD: Send 328 Support Services GmbH a report of
findings (both positive and negative) found during each inspection
required by paragraphs (f) and (g) of this AD. The report must
include the inspection results, a description of any cracks found,
the airplane serial number, and the number of landings and flight
hours on the airplane. Send the report to 328 Support Services GmbH,
Global Support Center, P.O. Box 1252, D-82231 Wessling, Federal
Republic of Germany; Telephone +49 8153 88111 6666; fax 49 8153
88111 6565; E-mail: gsc.op@328support.de. Under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has approved the information collection
requirements contained in this AD and has assigned OMB Control
Number 2120-0056.
(1) For any inspection done after the effective date of this AD:
Within 3 days after the inspection.
(2) For any inspection done before the effective date of this
AD: Within 3 days after the effective date of this AD.
Special Flight Permits
(k) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be done if the following conditions
are met:
(1) The initial inspection required by paragraph (f) of this AD
must be accomplished.
(2) If a crack indication exceeds 12.5 mm (0.49 inch), the
Manager, International Branch, ANM-116, concurs with issuance of the
special flight permits.
Alternative Methods of Compliance (AMOCs)
(l)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Related Information
(m) European Aviation Safety Agency emergency airworthiness
directive 2008-0087-E, dated May 8, 2008, also addresses the subject
of this AD.
Material Incorporated by Reference
(n) You must use Dornier Alert Service Bulletin ASB-328J-57-015,
Revision 1, dated May 8, 2008; or Dornier Alert Service Bulletin
ASB-328-57-037, Revision 1, dated May 8, 2008; as applicable; to
perform the actions that are required by this AD, unless the AD
specifies otherwise. (Only the odd-numbered pages of the documents
contain the document revision level and issue date; the even-
numbered pages do not contain this information.) The Director of the
Federal Register approved the incorporation by reference of these
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To
get copies of the service information, contact 328 Support Services
GmbH, P.O. Box 1252, D-82231 Wessling, Germany. You may review
copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://
www.archives.gov/federal-register/cfr/ibr-locations.html.
[[Page 30755]]
Issued in Renton, Washington, on May 14, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-11468 Filed 5-28-08; 8:45 am]
BILLING CODE 4910-13-P
