Airworthiness Directives; 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 Airplanes, 54145-54148 [2011-22226]

Download as PDF Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Proposed Rules 76 standard 2nd stage Turbine NGVs (i.e., with flexible hub). This non compliance would increase hot gas ingestion and generate an increase of temperature in the Gas Generator (GG) turbine rotor, potentially resulting in turbine damage and an uncommanded in-flight shutdown. On a single-engine helicopter, this could ultimately lead to an emergency autorotation landing. We are issuing this AD to prevent overtemperature damage of the gas generator turbine, which could result in an uncommanded in-flight engine shutdown, and a subsequent forced autorotation landing or accident. Compliance (e) Comply with this AD within the compliance times specified, unless already done. Daily Checks (f) Starting from the effective date of this AD, perform a daily check (after last flight of the day) for: (1) Normal rundown time of the gas generator rotor; and (2) The free rotation of the gas generator rotor; and (3) No grinding noise during the rundown check, and during the free rotation check of the gas generator rotor. (g) Guidance on performing the daily checks can be found in the Maintenance 54145 Manual, task 71–02–09–760–801 and task 05–20–01–200–801. (h) If the engine fails any of these daily checks, remove the engine from service before further flight. Inspection of Repaired 2nd Stage Turbine NGVs (i) Inspect the 2nd stage turbine NGV for a non-conforming hole configuration, at the compliance times in Table 1 of this AD. Guidance on 2nd stage turbine NGV nonconforming hole configuration can be found in Turbomeca MSB No. A292 72 0829, Version B, dated December 13, 2010. TABLE 1—INSPECTION COMPLIANCE TIMES If accumulated Gas Generator (GG) Cycles-in-Service (CIS) on the effective date of this AD are: (1) Fewer than 1,200 CIS on both the 1st and 2nd stage turbines. (2) 1,200 or more but fewer than 1,800 CIS on either the 1st or 2nd stage turbines. (3) 1,800 or more but fewer than 2,400 CIS on either the 1st or 2nd stage turbine. (4) Greater than 2,400 CIS on either the 1st or 2nd stage turbine. Then inspect: Before exceeding 1,500 GG CIS. Before exceeding 300 GG CIS after the effective date of this AD but not to exceed 2,000 CIS on either the 1st or 2nd stage turbines. Before exceeding 200 GG CIS after the effective date of this AD but not to exceed 2,500 CIS on either the 1st or 2nd stage turbines. Before exceeding 100 GG CIS after the effective date of this AD but not to exceed 3,000 CIS on either the 1st or 2nd stage turbine. (j) If the configuration of the holes in the repaired 2nd stage turbine NGV are conforming, then no further action is required. (k) If the configuration of the holes in the repaired 2nd stage turbine NGV are nonconforming, then before further flight: (1) Replace the 2nd stage turbine NGV with a 2nd stage turbine NGV eligible for installation; and (2) Replace the 1st stage turbine disc and 2nd stage turbine disc with discs eligible for installation. Emcdonald on DSK2BSOYB1PROD with PROPOSALS Terminating Action (l) Complying with paragraph (i) and either paragraph (j) or paragraphs (k)(1) through (k)(2) of this AD, or replacing the M03 module with an M03 module that is eligible for installation, is terminating action for the requirements of this AD. Installation Prohibition (m) Do not reinstall the 1st stage turbine disc and the 2nd stage turbine disc removed in paragraph (k)(2) of this AD into any engine. (n) After the effective date of this AD, do not install an M03 module that has incorporated TU 202 but not incorporated TU 148, unless the module is in compliance with the requirements of this AD. (o) After the effective date of this AD, do not install an M03 module that has incorporated TU 76 but not incorporated TU 148, unless the module is in compliance with the requirements of this AD. FAA AD Differences (p) This AD differs from the Mandatory Continuing Airworthiness Information VerDate Mar<15>2010 17:28 Aug 30, 2011 Jkt 223001 (MCAI) and/or service information as follows: (1) This AD does not require sending data to Turbomeca to confirm whether Turbomeca MSB No. A292 72 0829, Version B, dated December 13, 2010, is applicable to the operator’s engine; the MCAI does. (2) This AD does not incorporate by reference (IBR) Turbomeca MSB No. A292 72 0829, Version B, dated December 13, 2010; the MCAI does. (3) This AD requires replacing nonconforming 2nd stage turbine NGVs and 1st stage and 2nd stage turbine discs that were operated with non-conforming 2nd stage turbine NGVs but does not require replacing affected M03 modules. The MCAI requires replacing affected M03 modules with M03 modules eligible for installation. 40 00, fax 33 05 59 74 45 15, for a copy of this service information. (t) Contact Rose Len, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: rose.len@faa.gov; phone: 781–238– 7772; fax: 781–238–7199, for more information about this AD. Definition (q) For the purpose of this AD, a conforming repaired 2nd stage turbine NGV is one with cooling holes in the forward inner flange, and with no cooling holes in the rear flange. DEPARTMENT OF TRANSPORTATION Alternative Methods of Compliance (AMOCs) (r) The Manager, Engine Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. [Docket No. FAA–2011–0912; Directorate Identifier 2011–NM–035–AD] Related Information (s) Refer to European Aviation Safety Agency AD 2010–0273R1, dated February 16, 2011, and Turbomeca MSB No. A292 72 0829, Version B, dated December 13, 2010, for related information. Contact Turbomeca, 40220 Tarnos, France; telephone 33 05 59 74 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Issued in Burlington, Massachusetts, on August 23, 2011. Thomas A. Boudreau, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 2011–22246 Filed 8–30–11; 8:45 am] BILLING CODE 4910–13–P Federal Aviation Administration 14 CFR Part 39 RIN 2120–AA64 Airworthiness Directives; 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 328– 100 Airplanes Federal Aviation Administration (FAA), DOT. AGENCY: E:\FR\FM\31AUP1.SGM 31AUP1 54146 Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Proposed Rules Notice of proposed rulemaking (NPRM). ACTION: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: SUMMARY: Several runway excursion incidents and a single accident have occurred in the past with Dornier 328–100 aeroplanes, where the power lever could not be operated as intended during the landing roll-out. * * * Recurrence of such an event under similar conditions, if not corrected, could result in further cases of runway excursion, possibly resulting in damage to the aeroplane and injury to the occupants. Emcdonald on DSK2BSOYB1PROD with PROPOSALS * * * * * The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by October 17, 2011. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed 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 http:// www.328support.de. You may review copies of the referenced 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. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, VerDate Mar<15>2010 17:28 Aug 30, 2011 Jkt 223001 except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1503; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2011–0912; Directorate Identifier 2011–NM–035–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2009–0196, dated September 4, 2009 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: Several runway excursion incidents and a single accident have occurred in the past with Dornier 328–100 aeroplanes, where the power lever could not be operated as intended during the landing roll-out. * * * Recurrence of such an event under similar conditions, if not corrected, could result in further cases of runway excursion, possibly resulting in damage to the aeroplane and injury to the occupants. A modification to the power lever control box has been designed to prevent further power lever handling difficulties. For the reasons described above, this [EASA] AD requires a modification of the power lever control box as a retrofit for the entire fleet of 328–100 aeroplanes. The required actions also include revising the airplane flight manual PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 (AFM) to include Dornier 328–100 Temporary Revisions (TR) 04–078, 04– 079, and 04–080, all dated March 15, 2010, to the Abnormal Procedures section of the 328 Support Services 328–100 AFM; and Dornier 328–100 TRs 05–064, 05–065, and 05–066, all dated February 13, 2009, to the Normal Procedures section of the 328 Support Services 328–100 AFM; to introduce modification of the engine control box assembly. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information 328 Support Services GmbH has issued Service Bulletin SB–328–76–486, Revision 3, dated April 7, 2010; and Dornier 328–100 TRs 04–078, 04–079, and 04–080, all dated March 15, 2010, to the Abnormal Procedures section of the 328 Support Services 328–100 AFM; and Dornier 328–100 TRs 05–064, 05– 065, and 05–066, all dated February 13, 2009, to the Normal Procedures section of the 328 Support Services 328–100 AFM. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the proposed AD. E:\FR\FM\31AUP1.SGM 31AUP1 Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Proposed Rules Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 20 products of U.S. registry. We also estimate that it would take about 79 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Required parts would cost about $35,700 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $848,300, or $42,415 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH): Docket No. FAA–2011–0912; Directorate Identifier 2011–NM–035–AD. Comments Due Date (a) We must receive comments by October 17, 2011. Affected ADs (b) None. Applicability (c) This AD applies to 328 Support Services GmbH (Type Certificate previously 54147 held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 328–100 airplanes; all serial numbers; certificated in any category. Subject (d) Air Transport Association (ATA) of America Code 76: Engine Controls. Reason (e) The mandatory continuing airworthiness information (MCAI) states: Several runway excursion incidents and a single accident have occurred in the past with Dornier 328–100 aeroplanes, where the power lever could not be operated as intended during the landing roll-out. * * * Recurrence of such an event under similar conditions, if not corrected, could result in further cases of runway excursion, possibly resulting in damage to the aeroplane and injury to the occupants. * * * * * Compliance (f) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Modification (g) Within 15 months after the effective date of this AD, modify the engine control box assembly with additional aural alerting function and a revised power lever guiding gate, in accordance with the Accomplishment Instructions of 328 Support Services Service Bulletin SB–328–76–486, Revision 3, dated April 7, 2010. Credit for Actions Accomplished in Accordance With Previous Service Information (h) Modifications done before the effective date of this AD in accordance with 328 Support Services Service Bulletin SB–328– 76–486, dated July 15, 2009; Revision 1, dated March 2, 2010; or Revision 2, dated March 11, 2010; are acceptable for compliance with the corresponding requirements of paragraph (g) of this AD. Airplane Flight Manual Revisions (i) Concurrently with doing the modification required in paragraph (g) of this AD, revise the 328 Support Services 328–100 Airplane Flight Manual (AFM) to include the information in the Dornier 328–100 temporary revisions (TRs) identified in table 1 of this AD. Operate the airplane according to the procedures in the TRs. TABLE 1—TEMPORARY REVISIONS Emcdonald on DSK2BSOYB1PROD with PROPOSALS Subject— Dornier 328–100 TR— AFM Section— Dated— Power lever aural alert test .......................... Nuisance power lever aural alert .................. Engine Indication and Crew Alerting System (EICAS) caution ‘‘Proxi System’’. 05–064, 05–065, and 05–066 .......... 04–078 .............................................. 04–079 and 04–080 ......................... Normal Procedures ........................... Abnormal Procedures ....................... Abnormal Procedures ....................... February 13, 2009. March 15, 2010. March 15, 2010. Note 1: Revising the AFM may be done by inserting copies of the TRs specified in table 1 of this AD, in the 328 Support Services VerDate Mar<15>2010 17:28 Aug 30, 2011 Jkt 223001 328–100 AFM. When these TRs have been included in general revisions of this AFM, the general revisions may be inserted in the PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 AFM, provided the relevant information in the general revision of this AFM are identical E:\FR\FM\31AUP1.SGM 31AUP1 54148 Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Proposed Rules to that in the TRs specified in table 1 of this AD, and these TRs may be removed. FAA AD Differences Emcdonald on DSK2BSOYB1PROD with PROPOSALS Note 2: This AD differs from the MCAI and/or service information as follows: (1) Although the MCAI tells you to do an inspection for discrepancies, 328 Support Services Service Bulletin SB–328–76–486, Revision 3, dated April 7, 2010, does not include this action. The off-wing inspection included in the MCAI is not required to address the unsafe condition. The modification addresses the identified unsafe condition. Therefore, this AD does not include that requirement. (2) Although the MCAI and service information do not include revising the AFM, this AD includes that requirement. The TRs specified in table 1 of this AD introduce preflight operational tests of the warning system modification, along with abnormal procedures that provide guidance to the flightcrew in the event of various potential warning system faults. These procedures must be adopted at the same time the modification is installed to ensure proper use and operation of the power lever warning system. This has been coordinated with EASA. Other FAA AD Provisions (j) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Tom Groves, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057– 3356; telephone (425) 227–1503; fax (425) 227–1149. Information may be e-mailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. 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 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 (k) Refer to MCAI EASA Airworthiness Directive 2009–0196, dated September 4, 2009; 328 Support Services Service Bulletin SB–328–76–486, Revision 3, dated April 7, 2010; and the TRs specified in Table 1 of this AD; for related information. VerDate Mar<15>2010 17:28 Aug 30, 2011 Jkt 223001 Issued in Renton, Washington, on August 23, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011–22226 Filed 8–30–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2011–0880 Airspace Docket No. 11–AAL–17] Proposed Amendment of Class E Airspace; Emmonak, AK Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to revise Class E airspace at Emmonak, AK. The amendment of two standard instrument approach procedures at the Emmonak Airport has made this action necessary to enhance safety and management of Instrument Flight Rules (IFR) operations. SUMMARY: Comments must be received on or before October 17, 2011. ADDRESSES: Send comments on the proposal to the Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. You must identify the docket number FAA–2011–0880/ Airspace Docket No. 11–AAL–17 at the beginning of your comments. You may also submit comments on the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1–800–647–5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address. An informal docket may also be examined during normal business hours at the office of the Manager, Safety, Alaska Flight Service Operations, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513–7587. FOR FURTHER INFORMATION CONTACT: Martha Dunn, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513–7587; DATES: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 telephone number (907) 271–5898; fax: (907) 271–2850; e-mail: Martha.ctr.Dunn@faa.gov. Internet address: http://www.faa.gov/about/ office_org/headquarters_offices/ato/ service_units/systemops/fs/alaskan/ rulemaking/. SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket No. FAA–2011–0880/Airspace Docket No. 11–AAL–17.’’ The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRMs An electronic copy of this document may be downloaded through the Internet at http://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s web page at http:// www.faa.gov/airports_airtraffic/ air_traffic/publications/ airspace_amendments/. Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration, Office of Air Traffic Airspace Management, ATA–400, 800 Independence Avenue, SW., Washington, DC 20591 or by calling (202) 267–8783. Communications must E:\FR\FM\31AUP1.SGM 31AUP1

Agencies

[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Proposed Rules]
[Pages 54145-54148]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22226]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0912; Directorate Identifier 2011-NM-035-AD]
RIN 2120-AA64


Airworthiness Directives; 328 Support Services GmbH (Type 
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild 
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 54146]]


ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    Several runway excursion incidents and a single accident have 
occurred in the past with Dornier 328-100 aeroplanes, where the 
power lever could not be operated as intended during the landing 
roll-out. * * *
    Recurrence of such an event under similar conditions, if not 
corrected, could result in further cases of runway excursion, 
possibly resulting in damage to the aeroplane and injury to the 
occupants.
* * * * *

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by October 17, 
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed 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 http://www.328support.de. You may review copies of the referenced 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1503; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0912; 
Directorate Identifier 2011-NM-035-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0196, dated September 4, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Several runway excursion incidents and a single accident have 
occurred in the past with Dornier 328-100 aeroplanes, where the 
power lever could not be operated as intended during the landing 
roll-out. * * *
    Recurrence of such an event under similar conditions, if not 
corrected, could result in further cases of runway excursion, 
possibly resulting in damage to the aeroplane and injury to the 
occupants.
    A modification to the power lever control box has been designed 
to prevent further power lever handling difficulties.
    For the reasons described above, this [EASA] AD requires a 
modification of the power lever control box as a retrofit for the 
entire fleet of 328-100 aeroplanes.

    The required actions also include revising the airplane flight 
manual (AFM) to include Dornier 328-100 Temporary Revisions (TR) 04-
078, 04-079, and 04-080, all dated March 15, 2010, to the Abnormal 
Procedures section of the 328 Support Services 328-100 AFM; and Dornier 
328-100 TRs 05-064, 05-065, and 05-066, all dated February 13, 2009, to 
the Normal Procedures section of the 328 Support Services 328-100 AFM; 
to introduce modification of the engine control box assembly. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    328 Support Services GmbH has issued Service Bulletin SB-328-76-
486, Revision 3, dated April 7, 2010; and Dornier 328-100 TRs 04-078, 
04-079, and 04-080, all dated March 15, 2010, to the Abnormal 
Procedures section of the 328 Support Services 328-100 AFM; and Dornier 
328-100 TRs 05-064, 05-065, and 05-066, all dated February 13, 2009, to 
the Normal Procedures section of the 328 Support Services 328-100 AFM. 
The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

[[Page 54147]]

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 20 products of U.S. registry. We also estimate that 
it would take about 79 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $35,700 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
parts. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $848,300, or $42,415 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

328 Support Services GmbH (Type Certificate Previously Held by 
AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt 
GmbH): Docket No. FAA-2011-0912; Directorate Identifier 2011-NM-035-
AD.

Comments Due Date

    (a) We must receive comments by October 17, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 328 Support Services GmbH (Type 
Certificate previously held by AvCraft Aerospace GmbH; Fairchild 
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 airplanes; all 
serial numbers; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 76: Engine 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Several runway excursion incidents and a single accident have 
occurred in the past with Dornier 328-100 aeroplanes, where the 
power lever could not be operated as intended during the landing 
roll-out. * * *
    Recurrence of such an event under similar conditions, if not 
corrected, could result in further cases of runway excursion, 
possibly resulting in damage to the aeroplane and injury to the 
occupants.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Modification

    (g) Within 15 months after the effective date of this AD, modify 
the engine control box assembly with additional aural alerting 
function and a revised power lever guiding gate, in accordance with 
the Accomplishment Instructions of 328 Support Services Service 
Bulletin SB-328-76-486, Revision 3, dated April 7, 2010.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (h) Modifications done before the effective date of this AD in 
accordance with 328 Support Services Service Bulletin SB-328-76-486, 
dated July 15, 2009; Revision 1, dated March 2, 2010; or Revision 2, 
dated March 11, 2010; are acceptable for compliance with the 
corresponding requirements of paragraph (g) of this AD.

Airplane Flight Manual Revisions

    (i) Concurrently with doing the modification required in 
paragraph (g) of this AD, revise the 328 Support Services 328-100 
Airplane Flight Manual (AFM) to include the information in the 
Dornier 328-100 temporary revisions (TRs) identified in table 1 of 
this AD. Operate the airplane according to the procedures in the 
TRs.

                                          Table 1--Temporary Revisions
----------------------------------------------------------------------------------------------------------------
             Subject--               Dornier 328-100 TR--      AFM Section--                  Dated--
----------------------------------------------------------------------------------------------------------------
Power lever aural alert test......  05-064, 05-065, and    Normal Procedures....  February 13, 2009.
                                     05-066.
Nuisance power lever aural alert..  04-078...............  Abnormal Procedures..  March 15, 2010.
Engine Indication and Crew          04-079 and 04-080....  Abnormal Procedures..  March 15, 2010.
 Alerting System (EICAS) caution
 ``Proxi System''.
----------------------------------------------------------------------------------------------------------------


    Note 1: Revising the AFM may be done by inserting copies of the 
TRs specified in table 1 of this AD, in the 328 Support Services 
328-100 AFM. When these TRs have been included in general revisions 
of this AFM, the general revisions may be inserted in the AFM, 
provided the relevant information in the general revision of this 
AFM are identical

[[Page 54148]]

to that in the TRs specified in table 1 of this AD, and these TRs 
may be removed.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) Although the MCAI tells you to do an inspection for 
discrepancies, 328 Support Services Service Bulletin SB-328-76-486, 
Revision 3, dated April 7, 2010, does not include this action. The 
off-wing inspection included in the MCAI is not required to address 
the unsafe condition. The modification addresses the identified 
unsafe condition. Therefore, this AD does not include that 
requirement.
    (2) Although the MCAI and service information do not include 
revising the AFM, this AD includes that requirement. The TRs 
specified in table 1 of this AD introduce pre-flight operational 
tests of the warning system modification, along with abnormal 
procedures that provide guidance to the flightcrew in the event of 
various potential warning system faults. These procedures must be 
adopted at the same time the modification is installed to ensure 
proper use and operation of the power lever warning system. This has 
been coordinated with EASA.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Tom Groves, 
Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-1503; fax (425) 227-1149. 
Information may be e-mailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office. 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 
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

    (k) Refer to MCAI EASA Airworthiness Directive 2009-0196, dated 
September 4, 2009; 328 Support Services Service Bulletin SB-328-76-
486, Revision 3, dated April 7, 2010; and the TRs specified in Table 
1 of this AD; for related information.

    Issued in Renton, Washington, on August 23, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-22226 Filed 8-30-11; 8:45 am]
BILLING CODE 4910-13-P