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]


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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
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