Airworthiness Directives; 328 Support Services GmbH Dornier Model 328-100 Airplanes, 56763-56765 [E8-22907]
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ebenthall on PROD1PC60 with PROPOSALS
Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules
(i) Deferred tax assets arising from
deductible temporary differences that
exceed the amount of taxes previously
paid that could be recovered through
loss carrybacks if existing temporary
differences (both deductible and taxable
and regardless of where the related
deferred tax effects are reported on the
balance sheet) fully reverse at the
calendar quarter-end date; and
(ii) Deferred tax assets arising from
operating loss and tax credit
carryforwards.
(2) Tier 1 capital limitations. (i) The
maximum allowable amount of deferred
tax assets that are dependent upon
future taxable income, net of any
valuation allowance for deferred tax
assets, will be limited to the lesser of:
(A) The amount of deferred tax assets
that are dependent upon future taxable
income that is expected to be realized
within one year of the calendar quarterend date, based on a projected future
taxable income for that year; or
(B) Ten percent of the amount of Tier
1 capital that exists before the deduction
of any disallowed servicing assets, any
disallowed purchased credit card
relationships, any disallowed creditenhancing interest-only strips, and any
disallowed deferred tax assets.
(ii) For purposes of this limitation, all
existing temporary differences should
be assumed to fully reverse at the
calendar quarter-end date. The recorded
amount of deferred tax assets that are
dependent upon future taxable income,
net of any valuation allowance for
deferred tax assets, in excess of this
limitation will be deducted from assets
and from equity capital for purposes of
determining Tier 1 capital under this
part. The amount of deferred tax assets
that can be realized from taxes paid in
prior carryback years and from the
reversal of existing taxable temporary
differences generally would not be
deducted from assets and from equity
capital.
(iii) Notwithstanding paragraph
(h)(2)(B)(ii) of this section, the amount
of carryback potential that may be
considered in calculating the amount of
deferred tax assets that a savings
association that is part of a consolidated
group (for tax purposes) may include in
Tier 1 capital may not exceed the
amount which the association could
reasonably expect to have refunded by
its parent.
(3) Projected future taxable income.
Projected future taxable income should
not include net operating loss
carryforwards to be used within one
year of the most recent calendar quarterend date or the amount of existing
temporary differences expected to
reverse within that year. Projected
VerDate Aug<31>2005
15:14 Sep 29, 2008
Jkt 214001
future taxable income should include
the estimated effect of tax planning
strategies that are expected to be
implemented to realize tax
carryforwards that will otherwise expire
during that year. Future taxable income
projections for the current fiscal year
(adjusted for any significant changes
that have occurred or are expected to
occur) may be used when applying the
capital limit at an interim calendar
quarter-end date rather than preparing a
new projection each quarter.
(4) Unrealized holding gains and
losses on available-for-sale debt
securities. The deferred tax effects of
any unrealized holding gains and losses
on available-for-sale debt securities may
be excluded from the determination of
the amount of deferred tax assets that
are dependent upon future taxable
income and the calculation of the
maximum allowable amount of such
assets. If these deferred tax effects are
excluded, this treatment must be
followed consistently over time.
Dated: September 18, 2008.
John C. Dugan,
Comptroller of the Currency.
By order of the Board of Governors of the
Federal Reserve System, September 23, 2008.
Jennifer J. Johnson,
Secretary of the Board.
Dated at Washington, DC, this 18th day of
September 2008.
By order of the Board of Directors.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
Dated: September 23, 2008.
By the Office of Thrift Supervision.
John Reich,
Director.
[FR Doc. E8–22741 Filed 9–29–08; 8:45 am]
BILLING CODE 4810–33–P (25%), 6210–01–P (25%),
6714–01–P (25%), 6720–01–P (25%)
56763
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
During overhaul on a Dornier 328–100
landing gear unit, parts of the MLG (main
landing gear) main body and trailing arm
bushings have been found corroded.
Investigation showed that over time, these
bushings can migrate, creating the risk of
corrosion in adjacent areas. Such corrosion,
if not detected, could cause damage to the
MLG, possibly resulting in MLG functional
problems or failure.
*
*
*
*
*
Functional problems or failure of the
MLG could result in the inability of the
MLG to extend or retract. The proposed
AD would require actions that are
intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by October 30, 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
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–1043; Directorate
Identifier 2008–NM–036–AD]
RIN 2120–AA64
Airworthiness Directives; 328 Support
Services GmbH Dornier Model 328–100
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
You may examine the AD docket on
the Internet at https://
www.regulations.gov; 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 proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
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: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
E:\FR\FM\30SEP1.SGM
30SEP1
56764
Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules
98057–3356; telephone (425) 227–2125;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2008–1043; Directorate Identifier
2008–NM–036–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on 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 proposed AD.
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA
Airworthiness Directive 2008–0009,
dated January 11, 2008 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
ebenthall on PROD1PC60 with PROPOSALS
During overhaul on a Dornier 328–100
landing gear unit, parts of the MLG (main
landing gear) main body and trailing arm
bushings have been found corroded.
Investigation showed that over time, these
bushings can migrate, creating the risk of
corrosion in adjacent areas. Such corrosion,
if not detected, could cause damage to the
MLG, possibly resulting in MLG functional
problems or failure.
Based on these findings, the existing
mandatory retrofit limitation (as required by
Airworthiness Limitations Document under
Section E ‘‘Mandatory Retrofit Items’’ since
16 September 1998) for the MLG bushings at
15,000 FC (flight cycles) has been amended
with ‘‘ * * * or 6 calendar years time-inservice (TIS), whichever occurs first’’.
For the reasons described above, this
[EASA] Airworthiness Directive requires the
implementation of the revised mandatory
retrofit limitation and modification of MLG
bushings that have exceeded the new limit.
Functional problems or failure of the
MLG could result in the inability of the
MLG to extend or retract. You may
obtain further information by examining
the MCAI in the AD docket.
Relevant Service Information
328 Support Services GmbH has
issued Dornier Service Bulletin SB–
328–32–245, Revision 2, dated
VerDate Aug<31>2005
15:14 Sep 29, 2008
Jkt 214001
November 21, 2007; and Dornier 328
Temporary Revision (TR) ALD–084,
dated November 7, 2005, to the Dornier
328 Airworthiness Limitations
Document. Messier-Dowty has issued
Service Bulletin 800–32–014, Revision
1, dated July 19, 1999. The actions
described in this service information are
intended to correct the unsafe condition
identified in the MCAI.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have proposed
different actions in this AD from those
in the MCAI in order to follow FAA
policies. Any such differences are
highlighted in a Note within the
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 13 products of U.S. registry.
We also estimate that it would take
about 28 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $80 per work-hour. Required
parts would cost about $10,000 per
product. Where the service information
lists required parts costs that are
covered under warranty, we have
assumed that there will be no charge for
these costs. As we do not control
warranty coverage for affected parties,
some parties may incur costs higher
than estimated here. Based on these
figures, we estimate the cost of the
proposed AD on U.S. operators to be
$159,120, or $12,240 per product.
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Sfmt 4702
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 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. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); 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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, 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
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
E:\FR\FM\30SEP1.SGM
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Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Proposed Rules
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
328′
Support Services GmbH (Formerly,
AvCraft Aerospace GmbH, formerly
Fairchild Dornier GmbH, formerly
Dornier Luftfahrt GmbH): Docket No.
FAA–2008–1043; Directorate Identifier
2008–NM–036–AD.
Comments Due Date
(a) We must receive comments by October
30, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 328 Support
Services GmbH Dornier Model 328–100
airplanes, all serial numbers, certificated in
any category.
Subject
(d) Air Transport Association (ATA) of
America Code 32: Landing gear.
FAA AD Differences
ebenthall on PROD1PC60 with PROPOSALS
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
During overhaul on a Dornier 328–100
landing gear unit, parts of the MLG (main
landing gear) main body and trailing arm
bushings have been found corroded.
Investigation showed that over time, these
bushings can migrate, creating the risk of
corrosion in adjacent areas. Such corrosion,
if not detected, could cause damage to the
MLG, possibly resulting in MLG functional
problems or failure.
Based on these findings, the existing
mandatory retrofit limitation (as required by
Airworthiness Limitations Document under
Section E ‘‘Mandatory Retrofit Items’’ since
16 September 1998) for the MLG bushings at
15,000 FC (flight cycles) has been amended
with ‘‘* * * or 6 calendar years time-inservice (TIS), whichever occurs first’’.
For the reasons described above, this
[EASA] Airworthiness Directive requires the
implementation of the revised mandatory
retrofit limitation and modification of MLG
bushings that have exceeded the new limit.
Functional problems or failure of the MLG
could result in the inability of the MLG to
extend or retract.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Modify the MLG main body and trailing
arm bushings at the applicable time specified
in paragraph (f)(1)(i) or (f)(1)(ii) of this AD,
or within 12 months after the effective date
of this AD, whichever occurs later. Do the
modification in accordance with the
instructions of Dornier Service Bulletin SB–
328–32–245, Revision 2, dated November 21,
2007; and Messier-Dowty Service Bulletin
800–32–014, Revision 1, dated July 19, 1999.
(i) For airplanes on which the bushings
have not been replaced as of the effective
date of this AD: Before the MLG accumulates
15,000 flight cycles or 6 years, whichever
occurs first.
VerDate Aug<31>2005
15:14 Sep 29, 2008
Jkt 214001
(ii) For airplanes on which the bushings
have been replaced as of the effective date of
this AD: Before the MLG exceeds 15,000
flight cycles or 6 years after replacement of
the bushings, whichever occurs first.
(2) Within 1 month after the effective date
of this AD: Revise the Airworthiness
Limitations (AWL) section of the Instructions
for Continued Airworthiness by
incorporating the information in Dornier 328
Temporary Revision (TR) ALD–084, dated
November 7, 2005, into Section E,
‘‘Mandatory Retrofit Items’’ of the Dornier
328 Airworthiness Limitations Document
(ALD).
Note 1: The actions required by paragraph
(f)(2) of this AD may be done by inserting a
copy of Dornier 328 TR ALD–084 into
Section E of the Dornier 328 ALD.
(3) After doing the replacement required by
paragraph (f)(1) of this AD, no person may
install, on any airplane, a MLG unit as a
replacement part, unless it has been modified
in accordance with paragraph (f)(1) of this
AD.
Note 2: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Dan Rodina,
Aerospace Engineer, International Branch,
ANM–116, FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–2125; fax (425) 227–1149. 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.
(2) Airworthy Product: For any
requirement in this AD to obtain corrective
actions from a manufacturer or other source,
use these actions if they are FAA-approved.
Corrective actions are considered FAAapproved if they are approved by the State
of Design Authority (or their delegated
agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to MCAI European Aviation
Safety Agency Airworthiness Directive 2008–
0009, dated January 11, 2008; Messier-Dowty
Service Bulletin 800–32–014, Revision 1,
dated July 19, 1999; Dornier Service Bulletin
SB–328–32–245, Revision 2, dated November
21, 2007; and Dornier 328 TR ALD–084,
dated November 7, 2005, to the Dornier 328
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
56765
Airworthiness Limitations Document; for
related information.
Issued in Renton, Washington, on
September 20, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–22907 Filed 9–29–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–1044; Directorate
Identifier 2008–NM–095–AD]
RIN 2120–AA64
Airworthiness Directives; Saab Model
SAAB-Fairchild SF340A (SAAB/
SF340A) and SAAB 340B Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
Several landing gear emergency extension
valves have been found seized * * *. This
condition, if not corrected, could result in
malfunctioning of the landing gear release
during an operational emergency.
This malfunction could cause failure of
the landing gear to extend and lock in
the extended position, which could
result in a gear up landing and reduced
controllability of the airplane on the
ground. The proposed AD would
require actions that are intended to
address the unsafe condition described
in the MCAI.
DATES: We must receive comments on
this proposed AD by October 30, 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–
E:\FR\FM\30SEP1.SGM
30SEP1
]]>Agencies
[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Proposed Rules]
[Pages 56763-56765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22907]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1043; Directorate Identifier 2008-NM-036-AD]
RIN 2120-AA64
Airworthiness Directives; 328 Support Services GmbH Dornier Model
328-100 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
During overhaul on a Dornier 328-100 landing gear unit, parts of
the MLG (main landing gear) main body and trailing arm bushings have
been found corroded. Investigation showed that over time, these
bushings can migrate, creating the risk of corrosion in adjacent
areas. Such corrosion, if not detected, could cause damage to the
MLG, possibly resulting in MLG functional problems or failure.
* * * * *
Functional problems or failure of the MLG could result in the inability
of the MLG to extend or retract. The proposed AD would require actions
that are intended to address the unsafe condition described in the
MCAI.
DATES: We must receive comments on this proposed AD by October 30,
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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
www.regulations.gov; 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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington
[[Page 56764]]
98057-3356; telephone (425) 227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1043;
Directorate Identifier 2008-NM-036-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on 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 proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0009, dated January 11, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
During overhaul on a Dornier 328-100 landing gear unit, parts of
the MLG (main landing gear) main body and trailing arm bushings have
been found corroded. Investigation showed that over time, these
bushings can migrate, creating the risk of corrosion in adjacent
areas. Such corrosion, if not detected, could cause damage to the
MLG, possibly resulting in MLG functional problems or failure.
Based on these findings, the existing mandatory retrofit
limitation (as required by Airworthiness Limitations Document under
Section E ``Mandatory Retrofit Items'' since 16 September 1998) for
the MLG bushings at 15,000 FC (flight cycles) has been amended with
`` * * * or 6 calendar years time-in-service (TIS), whichever occurs
first''.
For the reasons described above, this [EASA] Airworthiness
Directive requires the implementation of the revised mandatory
retrofit limitation and modification of MLG bushings that have
exceeded the new limit.
Functional problems or failure of the MLG could result in the inability
of the MLG to extend or retract. You may obtain further information by
examining the MCAI in the AD docket.
Relevant Service Information
328 Support Services GmbH has issued Dornier Service Bulletin SB-
328-32-245, Revision 2, dated November 21, 2007; and Dornier 328
Temporary Revision (TR) ALD-084, dated November 7, 2005, to the Dornier
328 Airworthiness Limitations Document. Messier-Dowty has issued
Service Bulletin 800-32-014, Revision 1, dated July 19, 1999. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 13 products of U.S. registry. We also estimate that
it would take about 28 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $10,000 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $159,120, or $12,240 per product.
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 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
[[Page 56765]]
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
328 Support Services GmbH (Formerly, AvCraft Aerospace GmbH,
formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt GmbH):
Docket No. FAA-2008-1043; Directorate Identifier 2008-NM-036-AD.
Comments Due Date
(a) We must receive comments by October 30, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 328 Support Services GmbH Dornier Model
328-100 airplanes, all serial numbers, certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 32: Landing
gear.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
During overhaul on a Dornier 328-100 landing gear unit, parts of
the MLG (main landing gear) main body and trailing arm bushings have
been found corroded. Investigation showed that over time, these
bushings can migrate, creating the risk of corrosion in adjacent
areas. Such corrosion, if not detected, could cause damage to the
MLG, possibly resulting in MLG functional problems or failure.
Based on these findings, the existing mandatory retrofit
limitation (as required by Airworthiness Limitations Document under
Section E ``Mandatory Retrofit Items'' since 16 September 1998) for
the MLG bushings at 15,000 FC (flight cycles) has been amended with
``* * * or 6 calendar years time-in-service (TIS), whichever occurs
first''.
For the reasons described above, this [EASA] Airworthiness
Directive requires the implementation of the revised mandatory
retrofit limitation and modification of MLG bushings that have
exceeded the new limit.
Functional problems or failure of the MLG could result in the
inability of the MLG to extend or retract.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Modify the MLG main body and trailing arm bushings at the
applicable time specified in paragraph (f)(1)(i) or (f)(1)(ii) of
this AD, or within 12 months after the effective date of this AD,
whichever occurs later. Do the modification in accordance with the
instructions of Dornier Service Bulletin SB-328-32-245, Revision 2,
dated November 21, 2007; and Messier-Dowty Service Bulletin 800-32-
014, Revision 1, dated July 19, 1999.
(i) For airplanes on which the bushings have not been replaced
as of the effective date of this AD: Before the MLG accumulates
15,000 flight cycles or 6 years, whichever occurs first.
(ii) For airplanes on which the bushings have been replaced as
of the effective date of this AD: Before the MLG exceeds 15,000
flight cycles or 6 years after replacement of the bushings,
whichever occurs first.
(2) Within 1 month after the effective date of this AD: Revise
the Airworthiness Limitations (AWL) section of the Instructions for
Continued Airworthiness by incorporating the information in Dornier
328 Temporary Revision (TR) ALD-084, dated November 7, 2005, into
Section E, ``Mandatory Retrofit Items'' of the Dornier 328
Airworthiness Limitations Document (ALD).
Note 1: The actions required by paragraph (f)(2) of this AD may
be done by inserting a copy of Dornier 328 TR ALD-084 into Section E
of the Dornier 328 ALD.
(3) After doing the replacement required by paragraph (f)(1) of
this AD, no person may install, on any airplane, a MLG unit as a
replacement part, unless it has been modified in accordance with
paragraph (f)(1) of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2125; fax (425) 227-1149. 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.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0009, dated January 11, 2008; Messier-Dowty Service
Bulletin 800-32-014, Revision 1, dated July 19, 1999; Dornier
Service Bulletin SB-328-32-245, Revision 2, dated November 21, 2007;
and Dornier 328 TR ALD-084, dated November 7, 2005, to the Dornier
328 Airworthiness Limitations Document; for related information.
Issued in Renton, Washington, on September 20, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-22907 Filed 9-29-08; 8:45 am]
BILLING CODE 4910-13-P
