Airworthiness Directives; 328 Support Services GmbH Dornier Model 328-100 and -300 Airplanes, 46339-46342 [E9-21035]
Download as PDF
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
The AMOC approval letter must specifically
reference this AD.
(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.
(4) Special Flight Permits: We are
permitting special flight permits provided
that the airplane is unpressurized during
flight.
Related Information
(h) Refer to MCAI European Aviation
Safety Agency (EASA) Emergency
Airworthiness Directive 2009–0159–E, dated
July 20, 2009; and PPG Aerospace Service
Bulletin NP–158862–001, dated July 8, 2009;
for related information.
Material Incorporated by Reference
jlentini on DSKJ8SOYB1PROD with RULES
(i) You must use PPG Aerospace Service
Bulletin NP–158862–001, dated July 8, 2009,
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 PPG Aerospace, 12780 San
Fernando Road, Sylmar, California 91342;
telephone 818–362–6711; fax 818–362–0603;
Internet https://corporateportal.ppg.com/na/
aerospace.
(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 August
26, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–21312 Filed 9–8–09; 8:45 am]
BILLING CODE 4910–13–P
VerDate Nov<24>2008
16:13 Sep 08, 2009
Jkt 217001
46339
DEPARTMENT OF TRANSPORTATION
Discussion
Federal Aviation Administration
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 June 9, 2009 (74 FR 27257),
and proposed to supersede AD 2004–
09–16, Amendment 39–13605 (69 FR
24953, May 5, 2004). (A correction of
that AD was published in the Federal
Register on May 12, 2004 (69 FR
26434)). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
14 CFR Part 39
[Docket No. FAA–2009–0522; Directorate
Identifier 2008–NM–127–AD; Amendment
39–16010; AD 2009–18–14]
RIN 2120–AA64
Airworthiness Directives; 328 Support
Services GmbH Dornier Model 328–100
and –300 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are superseding an
existing 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:
* * * A number of * * * rudder spring
tab lever assemblies [of the rudder] were
found cracked.
This condition, if not corrected, could lead
to failure of the rudder flight control system
and consequent loss of control of the aircraft.
* * *
*
*
*
*
*
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
October 14, 2009.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 14, 2009.
On June 9, 2004 (69 FR 24953, May
5, 2004), the Director of the Federal
Register approved the incorporation by
reference of certain other publications
listed in this AD.
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:
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
On 14 March 2002, an incident occurred
with a Dornier 328–100 where the captain
reported that the rudder was unresponsive.
The aircraft landed without any further
difficulties. A visual inspection of the rudder
assembly was carried out and the spring tab
assembly was found to be cracked and
partially missing. During subsequent
inspections of other aircraft, a number of
additional rudder spring tab lever assemblies
were found cracked.
This condition, if not corrected, could lead
to failure of the rudder flight control system
and consequent loss of control of the aircraft.
To address and correct this unsafe condition,
LBA (Luftfahrt-Bundesamt) issued AD 2003–
383 and 2003–384 [which correspond to FAA
AD 2004–09–16] for the Dornier 328–100 and
328–300 respectively, to require the initial
and repetitive inspection of the rudder spring
tab lever assembly and, in case cracks were
found, the replacement of the rudder spring
tab lever assembly with a serviceable unit.
The current TC (type certificate) holder of
this type design, 328 Support Services
GmbH, has recently published Alert Service
Bulletin ASB–328–27–036, Revision 2, which
reduces the inspection interval to A-check
[400 FH] (400 flight hours). In addition,
Service Bulletin SB–328–27–459 was revised
to change the compliance status from
‘optional’ to ‘mandatory’ and instructs
operators to replace the rudder spring tab
lever assembly with an improved unit P/N
(part number) 001A272A4020–004, ending
the need for the repetitive inspections.
For the reasons described above, this EASA
AD retains the repetitive inspection
requirements of LBA AD 2003–383, which is
superseded, expands the applicability to all
serial numbers, reduces the inspection
interval to 400 [flight hours], and requires the
replacement of the rudder spring tab lever
assembly with an improved unit P/N
001A272A4020–004, as specified in SB–328–
27–459.
The material used for the rudder
spring tab lever assemblies on Model
328–100 airplanes differs from the
material used for the rudder spring tab
lever assemblies on Model 328–300
airplanes. Therefore, Model 328–300
airplanes are not affected by the new
requirements in this AD. You may
obtain further information by examining
the MCAI in the AD docket.
E:\FR\FM\09SER1.SGM
09SER1
46340
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
Explanation of Change to Final Rule
This AD does not require reporting
crack findings to the manufacturer.
Therefore, we have removed paragraph
(m)(3) of the proposed AD because the
reporting requirements information in
that paragraph is not necessary.
Conclusion
We reviewed the available data, and
determined that air safety and the
public interest require adopting the AD
with the change described previously.
We determined that this change will not
increase the economic burden on any
operator or increase the scope of the AD.
jlentini on DSKJ8SOYB1PROD with RULES
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
Based on the service information, we
estimate that this AD affects about 112
products of U.S. registry.
The actions that are required by AD
2004–09–16 and retained in this AD
affect 112 products of U.S. registry and
take 1 work-hour per product, at an
average labor rate of $80 per work-hour.
Based on these figures, the estimated
cost of the currently required actions is
$8,960, or $80 per product, per
inspection cycle.
We estimate that it will take 3 workhours per product to comply with the
new basic requirements of this AD and
it will affect 16 products of U.S. registry.
The average labor rate is $80 per workhour. Required parts will cost about
$12,861 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
VerDate Nov<24>2008
16:13 Sep 08, 2009
Jkt 217001
higher than estimated here. Based on
these figures, we estimate the cost of the
AD on U.S. operators to be $209,616, or
$13,101 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;
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
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
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:
■
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
removing Amendment 39–13605 (69 FR
24953, May 5, 2004), and adding the
following new AD:
■
2009–18–14 328 Support Services GmbH
(Formerly, AvCraft Aerospace GmbH,
formerly Fairchild Dornier GmbH,
formerly Dornier Luftfahrt GmbH):
Amendment 39–16010. Docket No.
FAA–2009–0522; Directorate Identifier
2008–NM–127–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective October 14, 2009.
Affected ADs
(b) This AD supersedes AD 2004–09–16,
Amendment 39–13605.
Applicability
(c) This AD applies to 328 Support
Services GmbH Dornier Model 328–100
airplanes on which a rudder spring tab lever
assembly having part number
001A272A4020–002 is installed, and all
Model 328–300 airplanes.
Subject
(d) Air Transport Association (ATA) of
America Code 27: Flight controls.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
On 14 March 2002, an incident occurred
with a Dornier 328–100 where the captain
reported that the rudder was unresponsive.
The aircraft landed without any further
difficulties. A visual inspection of the rudder
assembly was carried out and the spring tab
assembly was found to be cracked and
partially missing. During subsequent
inspections of other aircraft, a number of
additional rudder spring tab lever assemblies
were found cracked.
This condition, if not corrected, could lead
to failure of the rudder flight control system
and consequent loss of control of the aircraft.
To address and correct this unsafe condition,
LBA (Luftfahrt-Bundesamt) issued AD 2003–
383 and 2003–384 [which correspond to FAA
E:\FR\FM\09SER1.SGM
09SER1
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
AD 2004–09–16] for the Dornier 328–100 and
328–300 respectively, to require the initial
and repetitive inspection of the rudder spring
tab lever assembly and, in case cracks were
found, the replacement of the rudder spring
tab lever assembly with a serviceable unit.
The current TC (type certificate) holder of
this type design, 328 Support Services
GmbH, has recently published Alert Service
Bulletin ASB–328–27–036, Revision 2, which
reduces the inspection interval to A-check
[400 FH] (400 flight hours). In addition,
Service Bulletin SB–328–27–459 was revised
to change the compliance status from
‘optional’ to ‘mandatory’ and instructs
operators to replace the rudder spring tab
lever assembly with an improved unit P/N
(part number) 001A272A4020–004, ending
the need for the repetitive inspections.
For the reasons described above, this EASA
AD retains the repetitive inspection
requirements of LBA AD 2003–383, which is
superseded, expands the applicability to all
serial numbers, reduces the inspection
interval to 400 [flight hours], and requires the
replacement of the rudder spring tab lever
assembly with an improved unit P/N
001A272A4020–004, as specified in SB–328–
27–459.
Compliance
(f) Required as indicated, unless
accomplished previously.
Restatement of Requirements of AD 2004–
09–16, Including Repetitive Inspections With
Reduced Intervals for Model 328–100
Airplanes
(g) For all airplanes: Within 400 flight
hours or 2 months after June 9, 2004 (the
effective date of AD 2004–09–16), whichever
is first; do detailed and eddy current
inspections for cracking of the bearing lugs
of the rudder spring tab lever assembly by
doing all the actions per Paragraphs 2.A.,
2.B., and 2.D. of the Accomplishment
Instructions of Dornier Alert Service Bulletin
ASB–328–27–036 (for Model 328–100
airplanes), dated February 12, 2003, or
Revision 3, dated February 8, 2008; or
Dornier Alert Service Bulletin ASB–328J–27–
013 (for Model 328–300 airplanes), dated
February 12, 2003; as applicable.
Note 1: For the purposes of this AD, a
detailed inspection is defined as: ‘‘An
intensive visual examination of a specific
structural area, system, installation, or
assembly to detect damage, failure, or
irregularity. Available lighting is normally
supplemented with a direct source of good
lighting at intensity deemed appropriate by
the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface
cleaning and elaborate access procedures
may be required.’’
(1) For Model 328–100 airplanes: If no
cracking is found during any inspection
required by paragraph (g) of this AD, do the
next inspection within 400 flight hours after
doing the last inspection, or within 400 flight
hours after the effective date of this AD,
whichever occurs later; and repeat the
inspection thereafter at intervals not to
exceed 400 flight hours. Repeat the
inspections until the replacement required by
paragraph (k) of this AD has been done.
(2) For Model 328–300 airplanes: If no
cracking is found during any inspection
required by paragraph (g) of this AD, repeat
the inspections thereafter at intervals not to
exceed 24 months.
Corrective Action
(h) For all airplanes: If any cracking is
found during any inspection required by
paragraph (g) of this AD, do the applicable
actions specified in paragraph (h)(1) or (h)(2)
of this AD.
(1) For Model 328–100 airplanes: Before
further flight, do the replacement required by
paragraph (k) of this AD, or replace the
spring tab lever assembly with a new
assembly by doing all the actions per
Paragraph 2.C. of the Accomplishment
Instructions of Dornier Alert Service Bulletin
ASB–328–27–036, dated February 12, 2003;
or Revision 3, dated February 8, 2008.
(2) For Model 328–300 airplanes: Before
further flight, replace the spring tab lever
assembly with a new assembly by doing all
the actions per Paragraph 2.C. of the
Accomplishment Instructions of Dornier
Alert Service Bulletin ASB–328J–27–013,
dated February 12, 2003. Repeat the
inspections required by paragraph (g) of this
AD thereafter at intervals not to exceed 24
months.
Note 2: For Model 328–300 airplanes:
There is no terminating action available for
the repetitive inspections required by this
AD.
(i) Dornier Alert Service Bulletins ASB–
328–27–036, dated February 12, 2003, and
Revision 3, dated February 8, 2008; and
ASB–328J–27–013, dated February 12, 2003;
recommend reporting crack findings and
returning damaged lever assemblies to the
manufacturer, but this AD does not contain
such requirements.
New Requirements of This AD: Actions and
Compliance
(j) For Model 328–100 airplanes: As of the
effective date of this AD, Dornier Alert
Service Bulletin ASB–328–27–036, Revision
3, dated February 8, 2008, must be used for
accomplishing the inspections and corrective
actions required by paragraphs (g) and (h) of
this AD.
(k) For Model 328–100 airplanes: Within 6
months after the effective date of this AD,
replace any rudder spring tab lever assembly
having P/N 001A272A4020–002 with an
improved unit having P/N 001A272A4020–
46341
004, in accordance with the Accomplishment
Instructions of Dornier Service Bulletin SB–
328–27–459, Revision 2, dated February 8,
2008. Accomplishment of the replacement
required by this paragraph terminates the
repetitive inspections required by paragraph
(g)(1) of this AD.
(l) Actions done before the effective date of
this AD in accordance with Dornier Service
Bulletin SB–328–27–459, dated May 3, 2004;
or Revision 1, dated January 24, 2008; are
acceptable for compliance with the
corresponding requirements of this AD for
Model 328–100 airplanes. Actions done
before the effective date of this AD in
accordance with Dornier Alert Service
Bulletin ASB–328–27–036, Revision 1, dated
May 7, 2004; or Revision 2, dated January 24,
2008; are acceptable for compliance with the
corresponding requirements of this AD for
Model 328–300 airplanes.
FAA AD Differences
Note 3: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(m) 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
principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
(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.
Related Information
(n) Refer to MCAI European Aviation
Safety Agency Airworthiness Directive 2008–
0107, dated June 23, 2008; German
Airworthiness Directive 2003–384, dated
November 13, 2003; and the service
information contained in Table 1 of this AD,
for related information.
jlentini on DSKJ8SOYB1PROD with RULES
TABLE 1—RELATED SERVICE INFORMATION
Document
Revision
Dornier Alert Service Bulletin ASB–328–27–036 ..............
Dornier Alert Service Bulletin ASB–328J–27–013 ............
Dornier Service Bulletin SB–328–27–459 .........................
3 .........................................................................................
Original ...............................................................................
2 .........................................................................................
VerDate Nov<24>2008
16:13 Sep 08, 2009
Jkt 217001
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
E:\FR\FM\09SER1.SGM
Date
09SER1
February 8, 2008.
February 12, 2003.
February 8, 2008.
46342
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations
Material Incorporated by Reference
(o) You must use the applicable service
information contained in Table 2 of this AD
to do the actions required by this AD, unless
the AD specifies otherwise. (The issue date
of Dornier Alert Service Bulletin ASB–328–
27–036, Revision 3, dated February 8, 2008;
and Dornier Service Bulletin SB–328–27–
459, Revision 2, dated February 8, 2008; is
specified only on the odd-numbered pages of
these documents.)
TABLE 2—MATERIAL INCORPORATED BY REFERENCE
Document
Revision
Dornier Alert Service Bulletin ASB–328–27–036 ..............
Dornier Alert Service Bulletin ASB–328J–27–013 ............
Dornier Service Bulletin SB–328–27–459 .........................
3 .........................................................................................
Original ...............................................................................
2 .........................................................................................
(1) The Director of the Federal Register
approved the incorporation by reference of
Dornier Alert Service Bulletin ASB–328–27–
036, Revision 3, dated February 8, 2008; and
Dornier Service Bulletin SB–328–27–459,
Revision 2, dated February 8, 2008; under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) The Director of the Federal Register
previously approved the incorporation by
reference of the Dornier Alert Service
Bulletin ASB–328J–27–013, dated February
12, 2003, on June 9, 2004 (69 FR 24953, May
5, 2004).
(3) For 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.
(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 August
24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–21035 Filed 9–8–09; 8:45 am]
jlentini on DSKJ8SOYB1PROD with RULES
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0465; Directorate
Identifier 2007–NM–244–AD; Amendment
39–16012; AD 2009–18–16]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A310–203, –204, –221, –222, –304,
–322, –324, and –325 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are superseding an
existing 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:
´ ´
DGAC [Direction Generale de l’Aviation
Civile] France issued AD F–2005–078 [which
corresponds to FAA AD 2006–02–06] to
require the modification (Airbus
modification 13023), defined in Airbus SB
[service bulletin] A310–53–2124, to increase
the service life of junctions of center box
upper frame bases to upper fuselage arches.
This structural modification falls within the
scope of the work related to the extension of
the service life of A310 aircraft and
widespread fatigue damage evaluations.
The threshold timescales for
accomplishment of the tasks as defined in SB
A310–53–2124 were refined and reduced.
* * *
*
*
*
*
*
The unsafe condition is fatigue cracking
of the frame foot run-outs, which could
lead to rupture of the frame foot and
cracking in adjacent frames and skin,
and which could result in reduced
structural integrity of the fuselage. We
are issuing this AD to require actions to
correct the unsafe condition on these
products.
VerDate Nov<24>2008
16:13 Sep 08, 2009
Jkt 217001
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
Date
February 8, 2008.
February 12, 2003.
February 8, 2008.
DATES: This AD becomes effective
October 14, 2009.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 14, 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: Tom
Stafford, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 227–1622; 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 June 2, 2009 (74 FR 26312),
and proposed to supersede AD 2006–
02–06, Amendment 39–14458 (71 FR
3214, January 20, 2006). That NPRM
proposed to correct an unsafe condition
for the specified products. The MCAI
states:
´ ´
DGAC [Direction Generale de l’Aviation
Civile] France issued AD F–2005–078 [which
corresponds to FAA AD 2006–02–06,
Amendment 39–14458, 71 FR 3214, January
20, 2006] to require the modification (Airbus
modification 13023), defined in Airbus SB
[service bulletin] A310–53–2124, to increase
the service life of junctions of center box
upper frame bases to upper fuselage arches.
This structural modification falls within the
scope of the work related to the extension of
the service life of A310 aircraft and
widespread fatigue damage evaluations.
The threshold timescales for
accomplishment of the tasks as defined in SB
A310–53–2124 were refined and reduced.
Consequently, EASA issued AD 2007–0238
to require compliance with Revision 1 of SB
A310–53–2124 at the reduced compliance
times, superseding (the requirements of)
DGAC France AD F–2005–078. Subsequently,
E:\FR\FM\09SER1.SGM
09SER1
Agencies
[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46339-46342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21035]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0522; Directorate Identifier 2008-NM-127-AD;
Amendment 39-16010; AD 2009-18-14]
RIN 2120-AA64
Airworthiness Directives; 328 Support Services GmbH Dornier Model
328-100 and -300 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are superseding an existing 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:
* * * A number of * * * rudder spring tab lever assemblies [of
the rudder] were found cracked.
This condition, if not corrected, could lead to failure of the
rudder flight control system and consequent loss of control of the
aircraft. * * *
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective October 14, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 14,
2009.
On June 9, 2004 (69 FR 24953, May 5, 2004), the Director of the
Federal Register approved the incorporation by reference of certain
other publications listed in this AD.
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 June 9, 2009 (74 FR
27257), and proposed to supersede AD 2004-09-16, Amendment 39-13605 (69
FR 24953, May 5, 2004). (A correction of that AD was published in the
Federal Register on May 12, 2004 (69 FR 26434)). That NPRM proposed to
correct an unsafe condition for the specified products. The MCAI
states:
On 14 March 2002, an incident occurred with a Dornier 328-100
where the captain reported that the rudder was unresponsive. The
aircraft landed without any further difficulties. A visual
inspection of the rudder assembly was carried out and the spring tab
assembly was found to be cracked and partially missing. During
subsequent inspections of other aircraft, a number of additional
rudder spring tab lever assemblies were found cracked.
This condition, if not corrected, could lead to failure of the
rudder flight control system and consequent loss of control of the
aircraft. To address and correct this unsafe condition, LBA
(Luftfahrt-Bundesamt) issued AD 2003-383 and 2003-384 [which
correspond to FAA AD 2004-09-16] for the Dornier 328-100 and 328-300
respectively, to require the initial and repetitive inspection of
the rudder spring tab lever assembly and, in case cracks were found,
the replacement of the rudder spring tab lever assembly with a
serviceable unit.
The current TC (type certificate) holder of this type design,
328 Support Services GmbH, has recently published Alert Service
Bulletin ASB-328-27-036, Revision 2, which reduces the inspection
interval to A-check [400 FH] (400 flight hours). In addition,
Service Bulletin SB-328-27-459 was revised to change the compliance
status from `optional' to `mandatory' and instructs operators to
replace the rudder spring tab lever assembly with an improved unit
P/N (part number) 001A272A4020-004, ending the need for the
repetitive inspections.
For the reasons described above, this EASA AD retains the
repetitive inspection requirements of LBA AD 2003-383, which is
superseded, expands the applicability to all serial numbers, reduces
the inspection interval to 400 [flight hours], and requires the
replacement of the rudder spring tab lever assembly with an improved
unit P/N 001A272A4020-004, as specified in SB-328-27-459.
The material used for the rudder spring tab lever assemblies on
Model 328-100 airplanes differs from the material used for the rudder
spring tab lever assemblies on Model 328-300 airplanes. Therefore,
Model 328-300 airplanes are not affected by the new requirements in
this AD. You may obtain further information by examining the MCAI in
the AD docket.
[[Page 46340]]
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Explanation of Change to Final Rule
This AD does not require reporting crack findings to the
manufacturer. Therefore, we have removed paragraph (m)(3) of the
proposed AD because the reporting requirements information in that
paragraph is not necessary.
Conclusion
We reviewed the available data, and determined that air safety and
the public interest require adopting the AD with the change described
previously. We determined that this change will not increase the
economic burden on any operator or increase the scope of the AD.
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
Based on the service information, we estimate that this AD affects
about 112 products of U.S. registry.
The actions that are required by AD 2004-09-16 and retained in this
AD affect 112 products of U.S. registry and take 1 work-hour per
product, at an average labor rate of $80 per work-hour. Based on these
figures, the estimated cost of the currently required actions is
$8,960, or $80 per product, per inspection cycle.
We estimate that it will take 3 work-hours per product to comply
with the new basic requirements of this AD and it will affect 16
products of U.S. registry. The average labor rate is $80 per work-hour.
Required parts will cost about $12,861 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 AD on U.S. operators to be $209,616, or
$13,101 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;
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 removing Amendment 39-13605 (69 FR
24953, May 5, 2004), and adding the following new AD:
2009-18-14 328 Support Services GmbH (Formerly, AvCraft Aerospace
GmbH, formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt
GmbH): Amendment 39-16010. Docket No. FAA-2009-0522; Directorate
Identifier 2008-NM-127-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective October
14, 2009.
Affected ADs
(b) This AD supersedes AD 2004-09-16, Amendment 39-13605.
Applicability
(c) This AD applies to 328 Support Services GmbH Dornier Model
328-100 airplanes on which a rudder spring tab lever assembly having
part number 001A272A4020-002 is installed, and all Model 328-300
airplanes.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
On 14 March 2002, an incident occurred with a Dornier 328-100
where the captain reported that the rudder was unresponsive. The
aircraft landed without any further difficulties. A visual
inspection of the rudder assembly was carried out and the spring tab
assembly was found to be cracked and partially missing. During
subsequent inspections of other aircraft, a number of additional
rudder spring tab lever assemblies were found cracked.
This condition, if not corrected, could lead to failure of the
rudder flight control system and consequent loss of control of the
aircraft. To address and correct this unsafe condition, LBA
(Luftfahrt-Bundesamt) issued AD 2003-383 and 2003-384 [which
correspond to FAA
[[Page 46341]]
AD 2004-09-16] for the Dornier 328-100 and 328-300 respectively, to
require the initial and repetitive inspection of the rudder spring
tab lever assembly and, in case cracks were found, the replacement
of the rudder spring tab lever assembly with a serviceable unit.
The current TC (type certificate) holder of this type design,
328 Support Services GmbH, has recently published Alert Service
Bulletin ASB-328-27-036, Revision 2, which reduces the inspection
interval to A-check [400 FH] (400 flight hours). In addition,
Service Bulletin SB-328-27-459 was revised to change the compliance
status from `optional' to `mandatory' and instructs operators to
replace the rudder spring tab lever assembly with an improved unit
P/N (part number) 001A272A4020-004, ending the need for the
repetitive inspections.
For the reasons described above, this EASA AD retains the
repetitive inspection requirements of LBA AD 2003-383, which is
superseded, expands the applicability to all serial numbers, reduces
the inspection interval to 400 [flight hours], and requires the
replacement of the rudder spring tab lever assembly with an improved
unit P/N 001A272A4020-004, as specified in SB-328-27-459.
Compliance
(f) Required as indicated, unless accomplished previously.
Restatement of Requirements of AD 2004-09-16, Including Repetitive
Inspections With Reduced Intervals for Model 328-100 Airplanes
(g) For all airplanes: Within 400 flight hours or 2 months after
June 9, 2004 (the effective date of AD 2004-09-16), whichever is
first; do detailed and eddy current inspections for cracking of the
bearing lugs of the rudder spring tab lever assembly by doing all
the actions per Paragraphs 2.A., 2.B., and 2.D. of the
Accomplishment Instructions of Dornier Alert Service Bulletin ASB-
328-27-036 (for Model 328-100 airplanes), dated February 12, 2003,
or Revision 3, dated February 8, 2008; or Dornier Alert Service
Bulletin ASB-328J-27-013 (for Model 328-300 airplanes), dated
February 12, 2003; as applicable.
Note 1: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
(1) For Model 328-100 airplanes: If no cracking is found during
any inspection required by paragraph (g) of this AD, do the next
inspection within 400 flight hours after doing the last inspection,
or within 400 flight hours after the effective date of this AD,
whichever occurs later; and repeat the inspection thereafter at
intervals not to exceed 400 flight hours. Repeat the inspections
until the replacement required by paragraph (k) of this AD has been
done.
(2) For Model 328-300 airplanes: If no cracking is found during
any inspection required by paragraph (g) of this AD, repeat the
inspections thereafter at intervals not to exceed 24 months.
Corrective Action
(h) For all airplanes: If any cracking is found during any
inspection required by paragraph (g) of this AD, do the applicable
actions specified in paragraph (h)(1) or (h)(2) of this AD.
(1) For Model 328-100 airplanes: Before further flight, do the
replacement required by paragraph (k) of this AD, or replace the
spring tab lever assembly with a new assembly by doing all the
actions per Paragraph 2.C. of the Accomplishment Instructions of
Dornier Alert Service Bulletin ASB-328-27-036, dated February 12,
2003; or Revision 3, dated February 8, 2008.
(2) For Model 328-300 airplanes: Before further flight, replace
the spring tab lever assembly with a new assembly by doing all the
actions per Paragraph 2.C. of the Accomplishment Instructions of
Dornier Alert Service Bulletin ASB-328J-27-013, dated February 12,
2003. Repeat the inspections required by paragraph (g) of this AD
thereafter at intervals not to exceed 24 months.
Note 2: For Model 328-300 airplanes: There is no terminating
action available for the repetitive inspections required by this AD.
(i) Dornier Alert Service Bulletins ASB-328-27-036, dated
February 12, 2003, and Revision 3, dated February 8, 2008; and ASB-
328J-27-013, dated February 12, 2003; recommend reporting crack
findings and returning damaged lever assemblies to the manufacturer,
but this AD does not contain such requirements.
New Requirements of This AD: Actions and Compliance
(j) For Model 328-100 airplanes: As of the effective date of
this AD, Dornier Alert Service Bulletin ASB-328-27-036, Revision 3,
dated February 8, 2008, must be used for accomplishing the
inspections and corrective actions required by paragraphs (g) and
(h) of this AD.
(k) For Model 328-100 airplanes: Within 6 months after the
effective date of this AD, replace any rudder spring tab lever
assembly having P/N 001A272A4020-002 with an improved unit having P/
N 001A272A4020-004, in accordance with the Accomplishment
Instructions of Dornier Service Bulletin SB-328-27-459, Revision 2,
dated February 8, 2008. Accomplishment of the replacement required
by this paragraph terminates the repetitive inspections required by
paragraph (g)(1) of this AD.
(l) Actions done before the effective date of this AD in
accordance with Dornier Service Bulletin SB-328-27-459, dated May 3,
2004; or Revision 1, dated January 24, 2008; are acceptable for
compliance with the corresponding requirements of this AD for Model
328-100 airplanes. Actions done before the effective date of this AD
in accordance with Dornier Alert Service Bulletin ASB-328-27-036,
Revision 1, dated May 7, 2004; or Revision 2, dated January 24,
2008; are acceptable for compliance with the corresponding
requirements of this AD for Model 328-300 airplanes.
FAA AD Differences
Note 3: This AD differs from the MCAI and/or service
information as follows: No differences.
Other FAA AD Provisions
(m) 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 principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office.
(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.
Related Information
(n) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0107, dated June 23, 2008; German Airworthiness
Directive 2003-384, dated November 13, 2003; and the service
information contained in Table 1 of this AD, for related
information.
Table 1--Related Service Information
----------------------------------------------------------------------------------------------------------------
Document Revision Date
----------------------------------------------------------------------------------------------------------------
Dornier Alert Service Bulletin ASB-328- 3.......................... February 8, 2008.
27-036.
Dornier Alert Service Bulletin ASB-328J- Original................... February 12, 2003.
27-013.
Dornier Service Bulletin SB-328-27-459.. 2.......................... February 8, 2008.
----------------------------------------------------------------------------------------------------------------
[[Page 46342]]
Material Incorporated by Reference
(o) You must use the applicable service information contained in
Table 2 of this AD to do the actions required by this AD, unless the
AD specifies otherwise. (The issue date of Dornier Alert Service
Bulletin ASB-328-27-036, Revision 3, dated February 8, 2008; and
Dornier Service Bulletin SB-328-27-459, Revision 2, dated February
8, 2008; is specified only on the odd-numbered pages of these
documents.)
Table 2--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Document Revision Date
----------------------------------------------------------------------------------------------------------------
Dornier Alert Service Bulletin ASB-328- 3.......................... February 8, 2008.
27-036.
Dornier Alert Service Bulletin ASB-328J- Original................... February 12, 2003.
27-013.
Dornier Service Bulletin SB-328-27-459.. 2.......................... February 8, 2008.
----------------------------------------------------------------------------------------------------------------
(1) The Director of the Federal Register approved the
incorporation by reference of Dornier Alert Service Bulletin ASB-
328-27-036, Revision 3, dated February 8, 2008; and Dornier Service
Bulletin SB-328-27-459, Revision 2, dated February 8, 2008; under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) The Director of the Federal Register previously approved the
incorporation by reference of the Dornier Alert Service Bulletin
ASB-328J-27-013, dated February 12, 2003, on June 9, 2004 (69 FR
24953, May 5, 2004).
(3) For 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.
(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 August 24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-21035 Filed 9-8-09; 8:45 am]
BILLING CODE 4910-13-P