Airworthiness Directives; 328 Support Services GmbH Dornier Model 328-100 Airplanes, 12249-12252 [E9-5955]
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2009–09–22 Airbus: Amendment 39–15859.
Docket No. FAA–2008–1327; Directorate
Identifier 2008–NM–161–AD.
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A318–
111, –112, –121, and –122; A319–111, –112,
–113, –114, –115, –131, –132, and –133;
A320–111, –211, –212, –214, –231, –232,
–233; and A321–111, –112, –131, –211, –212,
–213, –231, and –232 series airplanes;
certificated in any category; equipped with a
cockpit door latch/striker assembly having
part number AR4714–1 or AR4714–3.
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Subject
(d) Air Transport Association (ATA) of
America Code 25: Equipment/furnishings.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
An A320 aircraft experienced an event
where it was not possible to open the
reinforced cockpit door, even after power had
been removed from the aircraft. Investigation
has identified that the cockpit door latch/
striker assembly may have overheated,
causing permanent internal damage prior to
being electrically isolated by the internal
thermal fuse. This condition, in case of a
rapid decompression in the cockpit, would
prevent the necessary unlocking/opening of
the door, which may lead to failure of the
airplane structure.
To prevent this, an improved strike
package/door bolting system, including a
Polymer Positive Temperature Coefficient
(PPTC) element (overheat protection) was
introduced by Airbus Modification 35219 in
production and modification 35218 (Service
Bulletin A320–25–1444) in-service. The
PPTC is a resettable thermistor and is
installed on the frame of the electricallyoperated cockpit door latch/striker assembly.
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Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 8 months after the effective date
of this AD: Replace all cockpit door latch/
striker assemblies having part number
AR4714–1 or AR4714–3 with modified units
in accordance with Airbus Service Bulletin
A320–25–1444, Revision 02, dated August 1,
2006 (Airbus Modification 35218).
(2) Previous accomplishment of the
replacement before the effective date of this
AD in accordance with Airbus Service
Bulletin A320–25–1444, dated April 29,
2005; or Revision 01, dated July 19, 2005;
meets the requirements of paragraph (f)(1) of
this AD.
FAA AD Differences
Effective Date
(a) This airworthiness directive (AD)
becomes effective April 28, 2009.
VerDate Nov<24>2008
The in-service implementation of this
modification was originally managed by an
Airbus campaign but the rate of installation
by operators has not met the expected
timescales, making mandatory action
necessary to address this.
For the reasons described above, this AD
requires the installation of improved cockpit
door latch/striker assemblies.
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, Transport Airplane
Directorate, 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: Tim Dulin,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–2141; 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–
0151, dated August 5, 2008; and Airbus
Service Bulletin A320–25–1444, Revision 02,
dated August 1, 2006; for related information.
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Material Incorporated by Reference
(i) You must use Airbus Service Bulletin
A320–25–1444, Revision 02, dated August 1,
2006 to do the actions required by this AD,
unless the AD specifies otherwise.
(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 Airbus, Airworthiness
Office—EAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33
5 61 93 36 96; fax +33 5 61 93 44 51; e-mail:
account.airworth-eas@airbus.com; Internet
https://www.airbus.com.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221 or 425–227–1152.
(4) You may also review copies of the
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, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on March
12, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–5959 Filed 3–23–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–1043; Directorate
Identifier 2008–NM–036–AD; Amendment
39–15845; AD 2009–06–09]
RIN 2120–AA64
Airworthiness Directives; 328 Support
Services GmbH Dornier Model 328–100
Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This 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
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations
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. We are issuing
this AD to require actions to correct the
unsafe condition on these products.
DATES: This AD becomes effective April
28, 2009.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of April 28, 2009.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION:
Discussion
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We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on September 30, 2008 (73 FR
56763). That NPRM proposed 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-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.
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01:02 Mar 24, 2009
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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.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comment received from
the commenter.
Request To Clarify Certain Language
The commenter, Patrick Brady, has a
concern about proposed language in the
compliance section that may lead to
confusion for operators. The commenter
asks that paragraph (f)(1)(ii) of the
NPRM be changed to clarify that the
requirement for replacing the bushings
is applicable only to bushings that were
installed before issuance 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. The commenter adds that if the
bushings were replaced in accordance
with the referenced service bulletins,
and bushings with post-service bulletin
part numbers were installed, no
additional requirement to replace the
bushings should be imposed.
We agree that further clarification is
necessary; however, we do not agree
that it is necessary to change the
language specified in paragraph (f)(1)(ii)
of this AD. If new bushings with postservice bulletin part numbers were
installed in accordance with 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; and a records check has been
done which verifies that the bushings
were replaced with new bushings, there
is no requirement in this AD to replace
those bushings. In addition, paragraph
(f) of the AD specifies to do the actions
‘‘unless already done.’’ We have made
no change to the AD in this regard.
Conclusion
We reviewed the available data,
including the comment received, and
determined that air safety and the
public interest require adopting the AD
as proposed.
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
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these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow our FAA
policies. Any such differences are
highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect
13 products of U.S. registry. We also
estimate that it will take about 28 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $80 per work-hour.
Required parts will 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 parts. 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
this AD to the 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 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 this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations
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 AD and placed it in the AD docket.
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 the NPRM, 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.
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:
■
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2009–06–09 328 Support Services GMBH
(Formerly, AvCraft Aerospace GmbH,
Formerly Fairchild Dornier GmbH,
Formerly Dornier Luftfahrt GmbH):
Amendment 39–15845. Docket No.
FAA–2008–1043; Directorate Identifier
2008–NM–036–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective April 28, 2009.
Affected ADs
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(b) None.
Applicability
(c) This AD applies to 328 Support
Services GmbH Dornier Model 328–100
VerDate Nov<24>2008
01:02 Mar 24, 2009
Jkt 217001
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-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
PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
airplanes, all serial numbers, certificated in
any category.
(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).
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12251
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, dated
November 7, 2005, 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.
Material Incorporated by Reference
(i) You must use the service information
contained in Table 1 of this AD, as
applicable, to do the actions required by this
AD, unless the AD specifies otherwise.
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations
TABLE 1—MATERIAL INCORPORATED BY REFERENCE
Document
Revision
Date
Dornier 328 Temporary Revision ALD–084 to the Dornier 328 Airworthiness Limitations Document.
Dornier Service Bulletin SB–328–32–245 ......................................................
Messier-Dowty Service Bulletin 800–32–014 .................................................
Original ..............................................
November 7, 2005.
2 .........................................................
1 .........................................................
November 21, 2007.
July 19, 1999.
Messier-Dowty Service Bulletin 800–32–
014, Revision 1, dated July 19, 1999, contains
the following effective pages:
Page Nos.
Revision level shown on page
1, 6–8, 10, 12 ...................................................................
2–5, 9, 11, 13, 14 .............................................................
1 .......................................................................................
Original ............................................................................
(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 Dornier service information
identified in this AD, contact 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; Internet https://
www.328support.de.
(3) For Messier-Dowty service information
identified in this AD, contact Messier
Services Americas, Customer Support Center,
45360 Severn Way, Sterling, Virginia 20166–
8910; telephone 703–450–8233; fax 703–404–
1621; Internet https://
techpubs.services.messier-dowty.com.
(4) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221 or 425–227–1152.
(5) You may also review copies of the
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, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on February
27, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–5955 Filed 3–23–09; 8:45 am]
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BILLING CODE 4910–13–P
VerDate Nov<24>2008
01:02 Mar 24, 2009
Jkt 217001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25390; Directorate
Identifier 2005–NM–224–AD; Amendment
39–15844; AD 2009–06–08]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 767 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Boeing Model 767 airplanes. This AD
requires repetitive inspections for
cracking of the wing skin, and related
investigative/corrective actions if
necessary. This AD results from reports
of cracks found in the lower wing skin
originating at the forward tension bolt
holes of the aft pitch load fitting. We are
issuing this AD to detect and correct
cracking in the lower wing skin for the
forward tension bolt holes at the aft
pitch load fitting, which could result in
a fuel leak and reduced structural
integrity of the airplane.
DATES: This AD becomes effective April
28, 2009.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of April 28, 2009.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207;
telephone 206–544–9990; fax 206–766–
5682; e-mail DDCS@boeing.com;
Internet https://
www.myboeingfleet.com.
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Date shown on page
July 19, 1999.
January 18, 1999.
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 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.
FOR FURTHER INFORMATION CONTACT:
Tamara Anderson, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917-6421; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a supplemental
notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 to include an
AD that would apply to certain Boeing
Model 767 airplanes. That supplemental
NPRM was published in the Federal
Register on May 23, 2008 (73 FR 30009).
That supplemental NPRM proposed to
require repetitive inspections for
cracking of the wing skin, and related
investigative/corrective actions if
necessary.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments received.
Support for the Supplemental NPRM
Boeing concurs with the contents of
the proposed rule.
E:\FR\FM\24MRR1.SGM
24MRR1
]]>Agencies
[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Rules and Regulations]
[Pages 12249-12252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5955]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-1043; Directorate Identifier 2008-NM-036-AD;
Amendment 39-15845; AD 2009-06-09]
RIN 2120-AA64
Airworthiness Directives; 328 Support Services GmbH Dornier Model
328-100 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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
[[Page 12250]]
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. We are issuing this AD to require
actions to correct the unsafe condition on these products.
DATES: This AD becomes effective April 28, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 28,
2009.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on September 30, 2008
(73 FR 56763). That NPRM proposed 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.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received from the commenter.
Request To Clarify Certain Language
The commenter, Patrick Brady, has a concern about proposed language
in the compliance section that may lead to confusion for operators. The
commenter asks that paragraph (f)(1)(ii) of the NPRM be changed to
clarify that the requirement for replacing the bushings is applicable
only to bushings that were installed before issuance 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. The commenter adds that if the bushings were replaced in
accordance with the referenced service bulletins, and bushings with
post-service bulletin part numbers were installed, no additional
requirement to replace the bushings should be imposed.
We agree that further clarification is necessary; however, we do
not agree that it is necessary to change the language specified in
paragraph (f)(1)(ii) of this AD. If new bushings with post-service
bulletin part numbers were installed in accordance with 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; and a records check has been done which verifies that the
bushings were replaced with new bushings, there is no requirement in
this AD to replace those bushings. In addition, paragraph (f) of the AD
specifies to do the actions ``unless already done.'' We have made no
change to the AD in this regard.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.
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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 13 products of U.S. registry.
We also estimate that it will take about 28 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Required parts will 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 parts. 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 this AD to the
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 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 this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
[[Page 12251]]
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 AD and placed it in the AD docket.
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 the NPRM, 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.
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 AD:
2009-06-09 328 Support Services GMBH (Formerly, AvCraft Aerospace
GmbH, Formerly Fairchild Dornier GmbH, Formerly Dornier Luftfahrt
GmbH): Amendment 39-15845. Docket No. FAA-2008-1043; Directorate
Identifier 2008-NM-036-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April
28, 2009.
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, dated
November 7, 2005, 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.
Material Incorporated by Reference
(i) You must use the service information contained in Table 1 of
this AD, as applicable, to do the actions required by this AD,
unless the AD specifies otherwise.
[[Page 12252]]
Table 1--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Document Revision Date
----------------------------------------------------------------------------------------------------------------
Dornier 328 Temporary Revision ALD-084 Original.................. November 7, 2005.
to the Dornier 328 Airworthiness
Limitations Document.
Dornier Service Bulletin SB-328-32-245. 2......................... November 21, 2007.
Messier-Dowty Service Bulletin 800-32- 1......................... July 19, 1999.
014.
----------------------------------------------------------------------------------------------------------------
Messier-Dowty Service Bulletin 800-32-014, Revision 1, dated
July 19, 1999, contains the following effective pages:
----------------------------------------------------------------------------------------------------------------
Revision level shown on
Page Nos. page Date shown on page
----------------------------------------------------------------------------------------------------------------
1, 6-8, 10, 12......................... 1......................... July 19, 1999.
2-5, 9, 11, 13, 14..................... Original.................. January 18, 1999.
----------------------------------------------------------------------------------------------------------------
(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 Dornier service information identified in this AD,
contact 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; Internet https://www.328support.de.
(3) For Messier-Dowty service information identified in this AD,
contact Messier Services Americas, Customer Support Center, 45360
Severn Way, Sterling, Virginia 20166-8910; telephone 703-450-8233;
fax 703-404-1621; Internet https://techpubs.services.messier-dowty.com.
(4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(5) You may also review copies of the 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, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on February 27, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-5955 Filed 3-23-09; 8:45 am]
BILLING CODE 4910-13-P
