Airworthiness Directives; 328 Support Services GmbH Airplanes, 77159-77162 [2011-31739]
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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
The Boeing Company: Docket No. FAA–
2011–1319; Directorate Identifier 2011–
NM–143–AD.
(a) Comments Due Date
We must receive comments by January 26,
2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 777–200 and –300 series airplanes,
certificated in any category, equipped with
Rolls-Royce RB211 Trent 800 engines, as
identified in Boeing Service Bulletin 777–
75A0002, Revision 1, dated October 26, 2011.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 78, Exhaust.
(e) Unsafe Condition
This AD was prompted by reports of events
related to thermal damage of the thrust
reverser (T/R) inner wall on Rolls-Royce
RB211 Trent 800 engines. We are issuing this
AD to eliminate T/R thermal damage caused
by excessive heat downstream of the 8th
stage IP8 exhaust ports, which could result
in T/R structural failure. This failure could
result in large pieces of the T/R or adjacent
components departing the airplane. A
separated T/R piece could result in a rejected
takeoff and cause asymmetric thrust and
consequent loss of control of the airplane
during reverse thrust operations. Separated
components could also cause structural
damage to the airplane, damage to other
airplanes, or injury to people on the ground.
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(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Replacement of Bleed Valve Parts and
Tubing
Within 36 months after the effective date
of this AD, replace the bleed valve parts and
tubing with new parts and tubing on the left
and right engines, in accordance with the
Accomplishment Instructions of Boeing
Service Bulletin 777–75A0002, Revision 1,
dated October 26, 2011.
Note 1: The service bulletin
accomplishment instructions might refer to
other procedures. When the words ‘‘refer to’’
are used and the operator has an accepted
alternative procedure, the accepted
alternative procedure can be used to comply
with the AD. When the words ‘‘in accordance
with’’ are included in the instruction, the
procedure in the design approval holder
document must be used to comply with the
AD.
(h) Concurrent Requirements
Prior to or concurrently with doing the
actions required by paragraph (g) of this AD,
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install Aero-Engine database software,
software part number 3110–BCG–00R–06,
media set part number 243W0033–7, in the
airplane information management system
hardware, in accordance with the
Accomplishment Instructions of Boeing
Special Attention Service Bulletin 777–31–
0177, dated September 23, 2010.
(i) Maintenance
(j) Credit for Actions Accomplished in
Accordance With Previous Service
Information
Replacing the bleed valve parts and tubing
with new parts and tubing on the left and
right engines in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin 777–75A0002, dated January
12, 2011, before the effective date of this AD
is acceptable for compliance with the
corresponding replacements required by
paragraph (g) of this AD.
(k) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Certification
Office (ACO), 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 manager of the ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
Information may be emailed to: 9–ANM–
Seattle–ACO–AMOC–Requests@faa.gov.
(2) 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.
(l) Related Information
(1) For more information about this AD,
contact Rebel Nichols, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind
Avenue SW., Renton, Washington 98057–
3356; phone: (425) 917–6509; fax: (425) 917–
6590; email: Rebel.Nichols@faa.gov.
(2) For Boeing service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data &
Services Management, P.O. Box 3707, MC
2H–65, Seattle, Washington 98124–2207;
phone: (206) 544–5000, extension 1; fax:
(206) 766–5680; email:
me.boecom@boeing.com; Internet: https://
www.myboeingfleet.com.
(3) For Rolls-Royce service information
identified in this AD, contact Rolls-Royce
plc, P.O. Box 31, DERBY, DE24 8BJ, UK;
telephone 011 44 1332 242424; fax 011 44
1332 249936. You may review copies of the
referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind
Frm 00003
Fmt 4702
Avenue SW., Renton, Washington. For
information on the availability of this
material at the FAA, call (425) 227–1221.
Issued in Renton, Washington, on
December 5, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–31738 Filed 12–9–11; 8:45 am]
Note 2: After accomplishing the actions
required by paragraphs (g) and (h) of this AD,
maintenance and/or preventative
maintenance under 14 CFR part 43 is
permitted provided the maintenance does not
result in changing the AD-mandated
configuration (reference 14 CFR 39.7).
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BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–1318; Directorate
Identifier 2010–NM–274–AD]
RIN 2120–AA64
Airworthiness Directives; 328 Support
Services GmbH Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for all 328
Support Services GmbH (Type
Certificate previously held by AvCraft
Aerospace GmbH; Fairchild Dornier
GmbH; Dornier Luftfahrt GmbH) Model
328–100 and –300 airplanes that would
supersede an existing AD. 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:
An incident has been reported with a
Dornier 328–100 aeroplane, where the righthand (RH) power lever jammed in flight-idle
position during the landing roll-out. The
aeroplane was stopped by excessive braking.
The reason for the jamming was that the
cockpit door locking device * * * had fallen
off the RH cockpit wall, blocking the RH
power/condition lever pulley/cable cluster
below the door. * * *
This condition, if not corrected, could
cause interference with the engine and/or
flight control cables, possibly resulting in
reduced control of the aeroplane.
*
*
*
*
*
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 January 26, 2012.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules
• 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 W12–140, 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; email
gsc.op@328support.de; Internet https://
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.
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Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone (800) 647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; telephone
(425) 227–1137; 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–2011–1318; Directorate Identifier
2010–NM–274–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.
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We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
On September 30, 2009, we issued AD
2009–21–06, Amendment 39–16043 (74
FR 53151, October 16, 2009). That AD
required actions intended to address an
unsafe condition on 328 Support
Services GmbH (Type Certificate
Previously Held by AvCraft Aerospace
GmbH; Fairchild Dornier GmbH;
Dornier Luftfahrt GmbH) Model 328–
100 and –300 airplanes.
Since we issued AD 2009–21–06,
Amendment 39–16043 (74 FR 53151,
October 16, 2009), the manufacturer has
provided two options to fix the locking
device, depending on airplane
configuration: Installing an improved
locking device for the cockpit door, or
installing a gap filler between the
cockpit door and the cockpit wall. We
have determined these actions are
necessary to address the identified
unsafe condition. The European
Aviation Safety Agency (EASA), which
is the Technical Agent for the Member
States of the European Community, has
issued EASA Airworthiness Directive
2010–0169, dated August 13, 2010
(referred to after this as ‘‘the MCAI’’), to
correct an unsafe condition for the
specified products. The MCAI states:
An incident has been reported with a
Dornier 328–100 aeroplane, where the righthand (RH) power lever jammed in flight-idle
position during the landing roll-out. The
aeroplane was stopped by excessive braking.
The reason for the jamming was that the
cockpit door locking device Part Number
(P/N) 001A252A3914012 had fallen off the
RH cockpit wall, blocking the RH power/
condition lever pulley/cable cluster below
the door. Although the affected aeroplane
had been modified, the technical
investigation showed that a loose Cockpit
Door Locking device could also occur on
328–100 and 328–300 aeroplanes with a
standard installation.
This condition, if not corrected, could
cause interference with the engine and/or
flight control cables, possibly resulting in
reduced control of the aeroplane.
To address that unsafe condition, EASA
issued AD 2009–0082 [which corresponds to
FAA AD 2009–21–06, Amendment 39–16043
(74 FR 53151, October 16, 2009)] as an
interim solution, to require a one-time
inspection of the cockpit door locking device
and the surrounding area and the reporting
of all findings to the TC [type certificate]
holder.
Since that AD was issued, the TC holder
has developed an improved cockpit door
locking device, P/N 001A252A3914016.
Consequently, this [EASA] AD retains the
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requirements of [EASA] AD 2009–0082 [FAA
AD 2009–21–06, Amendment 39–16043 (74
FR 53151, October 16, 2009)], which is
superseded, and requires the replacement of
the current P/N 001A252A3914012 with new
designed P/N 001A252A3914016 cockpit
door locking device, or the removal of the
cockpit door locking device P/N
001A252A3914012 and the installation of a
gap filler, as applicable to aeroplane
configuration.
The required actions include performing
operational tests, and repair if
necessary. You may obtain further
information by examining the MCAI in
the AD docket.
Relevant Service Information
328 Support Services has issued the
following service bulletins:
• SB–328–25–492, dated March 18,
2010 (for Model 328–100 airplanes);
• SB–328J–25–244, dated March 18,
2010 (for Model 328–300 airplanes);
• SB–328–25–491, dated March 18,
2010 (for Model 328–100 airplanes); and
• SB–328J–25–243, dated March 18,
2010 (for Model 328–300 airplanes).
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.
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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules
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.
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.
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Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 59 products of U.S. registry.
The actions that are required by AD
2009–21–06, Amendment 39–16043 (74
FR 53151, October 16, 2009), and
retained in this proposed AD take about
1 work-hour per product, at an average
labor rate of $85 per work hour. Based
on these figures, the estimated cost of
the currently required actions is $85 per
product.
We estimate that it would take 6
work-hours per product, depending on
airplane configuration, to comply with
the new basic requirements of this
proposed AD. The average labor rate is
$85 per work-hour. Required parts
would cost $2,315 per product. Based
on these figures, we estimate the cost of
the proposed AD on U.S. operators to be
$166,675, or $2,825 per product.
Authority: 49 U.S.C. 106(g), 40113, 44701.
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,
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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:
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Amendment 39–16043 (74 FR
53151, October 16, 2009) and 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–2011–1318; Directorate
Identifier 2010–NM–274–AD.
Comments Due Date
(a) We must receive comments by January
26, 2012.
Affected ADs
(b) This AD supersedes AD 2009–21–06,
Amendment 39–16043 (74 FR 53151, October
16, 2009).
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 and –300 airplanes;
certificated in any category; all serial
numbers.
Subject
(d) Air Transport Association (ATA) of
America Code 25: Equipment/Furnishings.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
An incident has been reported with a
Dornier 328–100 aeroplane, where the righthand (RH) power lever jammed in flight-idle
position during the landing roll-out. The
aeroplane was stopped by excessive braking.
The reason for the jamming was that the
cockpit door locking device * * * had fallen
off the RH cockpit wall, blocking the RH
power/condition lever pulley/cable cluster
below the door. * * *
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77161
This condition, if not corrected, could
cause interference with the engine and/or
flight control cables, possibly resulting in
reduced control of the aeroplane.
*
*
*
*
*
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.
Restatement of Certain Requirements of AD
2009–21–06, Amendment 39–16043 (74 FR
53151, October 16, 2009)
(g) Within 3 months after November 20,
2009 (the effective date of AD 2009–21–06,
Amendment 39–16043 (74 FR 53151, October
16, 2009)), do a detailed visual inspection of
the cockpit door locking device and the
surrounding area for proper installation, in
accordance with the Accomplishment
Instructions of 328 Support Services Service
Bulletin SB–328–25–485 or SB–328J–25–235,
both dated January 28, 2009, as applicable.
(h) If any discrepancy is found during the
inspection specified in paragraph (g) of this
AD, before further flight, do the corrective
action, in accordance with the
Accomplishment Instructions of 328 Support
Services Service Bulletin SB–328–25–485 or
SB–328J–25–235, both dated January 28,
2009, as applicable.
New Requirements of This AD
(i) Within 4,000 flight hours or 24 months
after the effective date of this AD, whichever
occurs first, do the applicable actions
specified in paragraph (i)(1) or (i)(2) of this
AD.
(1) For airplanes on which a door locking
device with Option 521K010 is installed:
Remove the locking device of the cockpit
door, part number (P/N) 001A252A3914012,
install the gap filler parts, and do operational
tests, in accordance with the
Accomplishment Instructions of 328 Support
Services Service Bulletin SB–328–25–492,
dated March 18, 2010 (for Model 328–100
airplanes); or 328 Support Services Service
Bulletin SB–328J–25–244, dated March 18,
2010 (for Model 328–300 airplanes).
(2) For airplanes on which a door locking
device with Option 521K010 is not installed:
Replace the locking device of the cockpit
door, P/N 001A252A3914012, with a new
locking device, P/N 001A252A3914016, and
do operational tests, in accordance with the
Accomplishment Instructions of 328 Support
Services Service Bulletin SB–328–25–491,
dated March 18, 2010 (for Model 328–100
airplanes); or 328 Support Services Service
Bulletin SB–328J–25–243, dated March 18,
2010 (for Model 328–300 airplanes).
(j) If any operational test fails during the
actions specified in paragraph (i)(1) or (i)(2)
of this AD, before further flight, repair in
accordance with a method approved by the
Manager, International Branch, ANM–116,
Transport Airplane Directorate, FAA, or
EASA (or its delegated agent).
(k) As the effective date of this AD, no
person may install a locking device of the
cockpit door having P/N 001A252A3914012
on any airplane.
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FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows:
(1) Although the MCAI specifies that after
doing the modification, installing the affected
part is prohibited, this AD specifies that as
of the effective date of this AD, installing the
affected part is prohibited.
(2) Although the MCAI tells you to submit
information to the manufacturer, this AD
specifies that such submittal is not required.
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Other FAA AD Provisions
(l) 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.
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 Rodriguez, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, Washington 98057–
3356; telephone (425) 227–1137; fax (425)
227–1149. Information may be emailed 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
(m) Refer to MCAI European Aviation
Safety Agency Airworthiness Directive 2010–
0169, dated August 13, 2010; and the service
bulletins specified in paragraphs (m)(1)
through (m)(5) of this AD; for related
information.
(1) 328 Support Services Service Bulletin
SB–328–25–485, dated January 28, 2009.
(2) 328 Support Services Service Bulletin
SB–328J–25–235, dated January 28, 2009.
(3) 328 Support Services Service Bulletin
SB–328–25–491, dated March 18, 2010.
(5) 328 Support Services Service Bulletin
SB–328J–25–243, dated March 18, 2010.
(4) 328 Support Services Service Bulletin
SB–328–25–492, dated March 18, 2010.
(5) 328 Support Services Service Bulletin
SB–328J–25–244, dated March 18, 2010.
Issued in Renton, Washington, on
December 5, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–31739 Filed 12–9–11; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 50, 55, and 58
[Docket No. FR–5423–P–01]
RIN 2501–AD51
Floodplain Management and
Protection of Wetlands
Office of the Secretary, HUD.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: This proposed rule would
update and modify HUD’s regulations
governing the protection of wetlands
and floodplains. With respect to
wetlands, the proposed rule would
codify existing procedures for Executive
Order 11990 (E.O. 11990), Protection of
Wetlands. HUD’s current policy is to
require the use of E.O. 11990’s 8 Step
Process for floodplains for actions
performed by the Department or actions
performed with HUD financial
assistance. This rule will codify this
policy and thereby improve consistency
and increase transparency by placing
the E.O. requirements in regulation. In
certain instances, the new wetlands
procedures will allow recipients of HUD
assistance to use permits issued under
section 404 of the Clean Water Act in
lieu of five steps of the E.O. 11990’s 8
Step Process, thereby streamlining the
wetlands decision-making processes.
With respect to floodplains, the
proposed rule would prohibit HUD
funding (e.g., Community Development
Block Grants, HOME Investment
Partnerships Program, Choice
Neighborhoods, etc.) or Federal Housing
Administration (FHA) mortgage
insurance for the construction of new
structures in Coastal High Hazard Areas.
The current regulations allow for such
new construction so long as the
construction, is in accordance with
certain standards. This change is
anticipated to have minimal effect, since
HUD receives few requests to fund or
insure mortgages for new construction
in these areas.
The proposal would also make several
other changes to HUD’s floodplain and
wetland regulations; the changes are
designed to streamline floodplain and
wetland environmental procedures and
avoid unnecessary delays in processing.
The procedures proposed by this rule
would apply to HUD and to state, tribal,
and local governments when they are
responsible for environmental reviews
under HUD programs.
DATES: Comment Due Date: February 10,
2012.
ADDRESSES: Interested persons are
invited to submit comments regarding
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this proposed rule to the Regulations
Division, Office of General Counsel,
Department of Housing and Urban
Development, 451 7th Street SW., Room
10276, Washington, DC 20410–0500.
Communications must refer to the above
docket number and title. There are two
methods for submitting public
comments. All submissions must refer
to the above docket number and title.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW., Room 10276,
Washington, DC 20410–0500.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
https://www.regulations.gov. HUD
strongly encourages commenters to
submit comments electronically.
Electronic submission of comments
allows the commenter maximum time to
prepare and submit a comment, ensures
timely receipt by HUD, and enables
HUD to make them immediately
available to the public. Comments
submitted electronically through the
https://www.regulations.gov Web site can
be viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the rule.
No Facsimile Comments. Facsimile
(FAX) comments are not acceptable.
Public Inspection of Public
Comments. All properly submitted
comments and communications
submitted to HUD will be available for
public inspection and copying between
8 a.m. and 5 p.m. weekdays at the above
address. Due to security measures at the
HUD Headquarters building, an
appointment to review the public
comments must be scheduled in
advance by calling the Regulations
Division at (202) 708–3055 (this is not
a toll-free number). Individuals with
speech or hearing impairments may
access this number via TTY by calling
the Federal Relay Service at (800) 877–
8339. Copies of all comments submitted
are available for inspection and
downloading at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Charles Bien, Acting Director Office of
Environment and Energy, Office of
Community Planning and Development,
E:\FR\FM\12DEP1.SGM
12DEP1
Agencies
[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Proposed Rules]
[Pages 77159-77162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31739]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-1318; Directorate Identifier 2010-NM-274-AD]
RIN 2120-AA64
Airworthiness Directives; 328 Support Services GmbH Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
328 Support Services GmbH (Type Certificate previously held by AvCraft
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model
328-100 and -300 airplanes that would supersede an existing AD. 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:
An incident has been reported with a Dornier 328-100 aeroplane,
where the right-hand (RH) power lever jammed in flight-idle position
during the landing roll-out. The aeroplane was stopped by excessive
braking.
The reason for the jamming was that the cockpit door locking
device * * * had fallen off the RH cockpit wall, blocking the RH
power/condition lever pulley/cable cluster below the door. * * *
This condition, if not corrected, could cause interference with
the engine and/or flight control cables, possibly resulting in
reduced control of the aeroplane.
* * * * *
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 January 26,
2012.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
[[Page 77160]]
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 W12-140, 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; email gsc.op@328support.de; Internet https://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 https://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; 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-2011-1318;
Directorate Identifier 2010-NM-274-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On September 30, 2009, we issued AD 2009-21-06, Amendment 39-16043
(74 FR 53151, October 16, 2009). That AD required actions intended to
address an unsafe condition on 328 Support Services GmbH (Type
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 and -300 airplanes.
Since we issued AD 2009-21-06, Amendment 39-16043 (74 FR 53151,
October 16, 2009), the manufacturer has provided two options to fix the
locking device, depending on airplane configuration: Installing an
improved locking device for the cockpit door, or installing a gap
filler between the cockpit door and the cockpit wall. We have
determined these actions are necessary to address the identified unsafe
condition. The European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA Airworthiness Directive 2010-0169, dated August 13, 2010
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
An incident has been reported with a Dornier 328-100 aeroplane,
where the right-hand (RH) power lever jammed in flight-idle position
during the landing roll-out. The aeroplane was stopped by excessive
braking.
The reason for the jamming was that the cockpit door locking
device Part Number (P/N) 001A252A3914012 had fallen off the RH
cockpit wall, blocking the RH power/condition lever pulley/cable
cluster below the door. Although the affected aeroplane had been
modified, the technical investigation showed that a loose Cockpit
Door Locking device could also occur on 328-100 and 328-300
aeroplanes with a standard installation.
This condition, if not corrected, could cause interference with
the engine and/or flight control cables, possibly resulting in
reduced control of the aeroplane.
To address that unsafe condition, EASA issued AD 2009-0082
[which corresponds to FAA AD 2009-21-06, Amendment 39-16043 (74 FR
53151, October 16, 2009)] as an interim solution, to require a one-
time inspection of the cockpit door locking device and the
surrounding area and the reporting of all findings to the TC [type
certificate] holder.
Since that AD was issued, the TC holder has developed an
improved cockpit door locking device, P/N 001A252A3914016.
Consequently, this [EASA] AD retains the requirements of [EASA] AD
2009-0082 [FAA AD 2009-21-06, Amendment 39-16043 (74 FR 53151,
October 16, 2009)], which is superseded, and requires the
replacement of the current P/N 001A252A3914012 with new designed P/N
001A252A3914016 cockpit door locking device, or the removal of the
cockpit door locking device P/N 001A252A3914012 and the installation
of a gap filler, as applicable to aeroplane configuration.
The required actions include performing operational tests, and repair
if necessary. You may obtain further information by examining the MCAI
in the AD docket.
Relevant Service Information
328 Support Services has issued the following service bulletins:
SB-328-25-492, dated March 18, 2010 (for Model 328-100
airplanes);
SB-328J-25-244, dated March 18, 2010 (for Model 328-300
airplanes);
SB-328-25-491, dated March 18, 2010 (for Model 328-100
airplanes); and
SB-328J-25-243, dated March 18, 2010 (for Model 328-300
airplanes).
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 77161]]
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 59 products of U.S. registry.
The actions that are required by AD 2009-21-06, Amendment 39-16043
(74 FR 53151, October 16, 2009), and retained in this proposed AD take
about 1 work-hour per product, at an average labor rate of $85 per work
hour. Based on these figures, the estimated cost of the currently
required actions is $85 per product.
We estimate that it would take 6 work-hours per product, depending
on airplane configuration, to comply with the new basic requirements of
this proposed AD. The average labor rate is $85 per work-hour. Required
parts would cost $2,315 per product. Based on these figures, we
estimate the cost of the proposed AD on U.S. operators to be $166,675,
or $2,825 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 removing Amendment 39-16043 (74 FR
53151, October 16, 2009) and 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-2011-1318; Directorate Identifier 2010-NM-274-
AD.
Comments Due Date
(a) We must receive comments by January 26, 2012.
Affected ADs
(b) This AD supersedes AD 2009-21-06, Amendment 39-16043 (74 FR
53151, October 16, 2009).
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 and -300
airplanes; certificated in any category; all serial numbers.
Subject
(d) Air Transport Association (ATA) of America Code 25:
Equipment/Furnishings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
An incident has been reported with a Dornier 328-100 aeroplane,
where the right-hand (RH) power lever jammed in flight-idle position
during the landing roll-out. The aeroplane was stopped by excessive
braking.
The reason for the jamming was that the cockpit door locking
device * * * had fallen off the RH cockpit wall, blocking the RH
power/condition lever pulley/cable cluster below the door. * * *
This condition, if not corrected, could cause interference with
the engine and/or flight control cables, possibly resulting in
reduced control of the aeroplane.
* * * * *
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.
Restatement of Certain Requirements of AD 2009-21-06, Amendment 39-
16043 (74 FR 53151, October 16, 2009)
(g) Within 3 months after November 20, 2009 (the effective date
of AD 2009-21-06, Amendment 39-16043 (74 FR 53151, October 16,
2009)), do a detailed visual inspection of the cockpit door locking
device and the surrounding area for proper installation, in
accordance with the Accomplishment Instructions of 328 Support
Services Service Bulletin SB-328-25-485 or SB-328J-25-235, both
dated January 28, 2009, as applicable.
(h) If any discrepancy is found during the inspection specified
in paragraph (g) of this AD, before further flight, do the
corrective action, in accordance with the Accomplishment
Instructions of 328 Support Services Service Bulletin SB-328-25-485
or SB-328J-25-235, both dated January 28, 2009, as applicable.
New Requirements of This AD
(i) Within 4,000 flight hours or 24 months after the effective
date of this AD, whichever occurs first, do the applicable actions
specified in paragraph (i)(1) or (i)(2) of this AD.
(1) For airplanes on which a door locking device with Option
521K010 is installed: Remove the locking device of the cockpit door,
part number (P/N) 001A252A3914012, install the gap filler parts, and
do operational tests, in accordance with the Accomplishment
Instructions of 328 Support Services Service Bulletin SB-328-25-492,
dated March 18, 2010 (for Model 328-100 airplanes); or 328 Support
Services Service Bulletin SB-328J-25-244, dated March 18, 2010 (for
Model 328-300 airplanes).
(2) For airplanes on which a door locking device with Option
521K010 is not installed: Replace the locking device of the cockpit
door, P/N 001A252A3914012, with a new locking device, P/N
001A252A3914016, and do operational tests, in accordance with the
Accomplishment Instructions of 328 Support Services Service Bulletin
SB-328-25-491, dated March 18, 2010 (for Model 328-100 airplanes);
or 328 Support Services Service Bulletin SB-328J-25-243, dated March
18, 2010 (for Model 328-300 airplanes).
(j) If any operational test fails during the actions specified
in paragraph (i)(1) or (i)(2) of this AD, before further flight,
repair in accordance with a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
or EASA (or its delegated agent).
(k) As the effective date of this AD, no person may install a
locking device of the cockpit door having P/N 001A252A3914012 on any
airplane.
[[Page 77162]]
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service
information as follows:
(1) Although the MCAI specifies that after doing the
modification, installing the affected part is prohibited, this AD
specifies that as of the effective date of this AD, installing the
affected part is prohibited.
(2) Although the MCAI tells you to submit information to the
manufacturer, this AD specifies that such submittal is not required.
Other FAA AD Provisions
(l) 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. 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 Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax (425) 227-1149. Information may be emailed 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
(m) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2010-0169, dated August 13, 2010; and the service
bulletins specified in paragraphs (m)(1) through (m)(5) of this AD;
for related information.
(1) 328 Support Services Service Bulletin SB-328-25-485, dated
January 28, 2009.
(2) 328 Support Services Service Bulletin SB-328J-25-235, dated
January 28, 2009.
(3) 328 Support Services Service Bulletin SB-328-25-491, dated
March 18, 2010.
(5) 328 Support Services Service Bulletin SB-328J-25-243, dated
March 18, 2010.
(4) 328 Support Services Service Bulletin SB-328-25-492, dated
March 18, 2010.
(5) 328 Support Services Service Bulletin SB-328J-25-244, dated
March 18, 2010.
Issued in Renton, Washington, on December 5, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-31739 Filed 12-9-11; 8:45 am]
BILLING CODE 4910-13-P