Airworthiness Directives; 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes, 8482-8485 [2019-04144]
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8482
Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Proposed Rules
property tax systems and how specific
information about the PACE financing
obligation is distinguished from other
real property tax obligations in the tax
system. Who monitors repayment of the
PACE financing?
19. To the extent not addressed above,
please describe the role of State and
local governments in PACE financing
programs or individual PACE financing
transactions following origination.
Please identify any State or local
government entities with regulatory or
oversight authority over PACE financing
or industry participants.
20. Please describe any financial costs
to consumers that may be associated
with PACE financing transactions,
including, for example, costs resulting
from interest, points, fees, or penalties.
How do costs for home improvement
projects financed using PACE financing
compare to costs for comparable
projects financed through other means?
21. Please describe any cost savings
associated with home improvement
projects funded with PACE financing,
including, for example, utility savings
or tax credits authorized under State or
Federal law for PACE-eligible projects.
Are projected savings calculated before
PACE financing contracts are executed?
If so, how, and over what period of
time? Are actual savings tracked, and, if
so, how do they compare with the
projections?
22. In general, does the addition of
PACE financing affect consumers’
ability to meet their financial
obligations? Please describe any such
effects and why they may occur.
23. Please provide information about
the liens associated with PACE
financing. How do they differ from liens
securing other property tax obligations
that may encumber residential real
property? Do PACE financing liens arise
by operation of law or contract?
24. Please provide information about
the treatment of PACE financing
obligations by servicers of mortgage
loans responsible for servicing
mortgages that were placed on the
property before the PACE financing
encumbrance. For example, do mortgage
servicers typically administer PACE
financing obligations through escrow
accounts? Please describe the relevant
processes and any effects on the
mortgage servicer or the consumer. How
quickly after PACE assessments are
added do mortgage servicers learn about
the increase to the consumer’s property
tax bill? How quickly do mortgage
servicers adjust consumers’ escrow
payments, where applicable, to reflect
the change?
25. To the extent not already
addressed, please provide any
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additional information about the unique
nature of PACE financing, how the
Bureau’s regulations should account for
the unique nature, and any risks or
benefits to consumers or industry
participants attributable to the unique
nature.
V. Potential Implications of Regulating
PACE Financing Under TILA
As described above, EGRRCPA
section 307 requires the Bureau to issue
regulations applying TILA’s ATR and
general civil liability provisions (as
implemented through Regulation Z) to
PACE financing, accounting for the
unique nature of PACE financing. In this
category of questions, the Bureau
solicits information relating to how the
existing TILA and Regulation Z
provisions could be applied to PACE
financing to implement EGRRCPA
section 307. This information will assist
the Bureau in developing a proposed
rule adapting existing TILA and
Regulation Z standards in light of
potential impacts on consumers and
industry and any implementation
challenges specific to PACE financing.
26. If existing ATR requirements in
TILA and Regulation Z were to apply to
PACE financing transactions, please
describe any likely effects on State and
local governments or bond-issuing
authorities.
27. Please describe any likely effects
of such application on consumers or
PACE financing industry participants.
28. If applied to PACE financing
transactions, which specific ATR
provisions under TILA and Regulation
Z, if any, would conflict with existing
State or local legal requirements, and
how? What steps could the Bureau take
to mitigate those conflicts?
29. Which specific ATR provisions
under TILA and Regulation Z would be
difficult for market participants to apply
to current PACE financing origination
practices, bond processes, or laws and
practices implicating real property tax
systems, and why would they be
difficult to apply?
30. Which specific ATR provisions
under TILA and Regulation Z, if any,
would be beneficial for consumers, and
how? Which, if any, would not provide
consumer benefits, and why not?
31. How could TILA’s existing ATR
requirements be tailored to account for
the unique nature of PACE financing?
Are there unique aspects of PACE
financing that are relevant to whether
and how the existing ATR requirements
should apply, including the
documentation and verification
requirements or the specific information
required as part of the analysis?
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32. As described above, EGRRCPA
section 307 requires the Bureau to apply
TILA section 130 to violations of the
ATR requirements that the Bureau will
prescribe for PACE financing. Please
provide your views on any likely
impacts on consumers or PACE
financing market participants of
applying TILA section 130. Please
describe any other concerns associated
with applying TILA liability to PACE
financing, including but not limited to
TILA section 130.
33. Please share your views on
whether the Bureau should address the
application of TILA and Regulation Z
provisions other than the ATR
requirements to PACE financing,
including any potential impacts on
consumers, industry, or other
stakeholders that may result from any
such application.
34. Please share any other comments
or concerns about implementing
EGRRCPA section 307 under TILA and
Regulation Z.
Dated: March 4, 2019.
Kathleen L. Kraninger,
Director, Bureau of Consumer Financial
Protection.
[FR Doc. 2019–04177 Filed 3–7–19; 8:45 am]
BILLING CODE 4810–AM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0117; Product
Identifier 2018–NM–169–AD]
RIN 2120–AA64
Airworthiness Directives; 328 Support
Services GmbH (Type Certificate
Previously Held by AvCraft Aerospace
GmbH; Fairchild Dornier GmbH;
Dornier Luftfahrt GmbH) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for all 328
Support Services GmbH Model 328–100
airplanes. This proposed AD was
prompted by a report indicating that
undetected cracks may develop at the
roll spoiler bearing arms. This proposed
AD would require a one-time nondestructive test (NDT) inspection for
cracks in the roll spoiler bearing arms
and, if necessary, corrective actions. We
are proposing this AD to address the
unsafe condition on these products.
SUMMARY:
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Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Proposed Rules
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2019–0117; Product Identifier 2018–
NM–169–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this NPRM. We will consider
all comments received by the closing
date and may amend this NPRM
because of 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 NPRM.
We must receive comments on
this proposed AD by April 22, 2019.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, 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 view this
service information at the FAA,
Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
DATES:
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA Airworthiness
Directive 2018–0254, dated November
23, 2018 (referred to after this as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’), to correct
an unsafe condition for all 328 Support
Services GmbH Model 328–100
airplanes. The MCAI states:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0117; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3228.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
Dornier 328 Maintenance Review Board
Report provides instructions for a detailed
inspection for the roll spoilers, including the
bearing arms, by eddy current [EC] method.
It was reported that whilst performing
Maintenance Planning Document Task 57–
71–03–02–01, referring to Non-Destructive
Test (NDT) Manual task 57–71–03–318–000–
AA0, the stacking of 6 parts at the bearing
arm No. 3 prevents detection of cracks with
the given EC test settings. The NDT results
are distorted by geometric features such as
part edges and fastener installations.
Furthermore, the access to certain areas is
limited for the suggested NDT probe for
geometrical reasons. The result of the
technical investigation identified that
undetected cracks may develop at the roll
spoiler bearing arms, leading to a broken
(disconnected) bearing arm No. 3, where the
actuator is connected.
This condition, if not detected and
corrected, could lead to a roll spoiler
becoming unresponsive to flight crew control
inputs, possibly resulting in loss of control of
the aeroplane.
To address this potential unsafe condition,
328 SSG published the ASB [328 Support
Services Alert Service Bulletin ASB–328–57–
043, dated September 21, 2018] to provide
appropriate inspection instructions.
For the reasons described above, this
[EASA] AD requires a one-time NDT
8483
inspection of the affected parts and,
depending on findings, accomplishment of
applicable corrective action(s) [repair of
cracked parts].
You may examine the MCAI in the
AD docket on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0117.
Related Service Information Under 1
CFR Part 51
328 Support Services has issued Alert
Service Bulletin ASB–328–57–043,
dated September 21, 2018. This service
information describes procedures for a
one-time NDT inspection for cracks in
the roll spoiler bearing arms. This
service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
FAA’s Determination
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 the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
on other products of the same type
design.
Proposed Requirements of This NPRM
This proposed AD would require
accomplishing the actions specified in
the service information described
previously.
Differences Between This Proposed AD
and the MCAI or Service Information
Although the MCAI and 328 Support
Services Alert Service Bulletin ASB–
328–57–043, dated September 21, 2018,
specify to submit certain information to
the manufacturer, this AD does not
include that requirement.
Costs of Compliance
We estimate that this proposed AD
affects 27 airplanes of U.S. registry. We
estimate the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
8 work-hours × $85 per hour = $680 ..........................................................................................
$0
$680
$18,360
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Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Proposed Rules
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition actions
specified in this proposed AD.
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.
This proposed AD is issued in
accordance with authority delegated by
the Executive Director, Aircraft
Certification Service, as authorized by
FAA Order 8000.51C. In accordance
with that order, issuance of ADs is
normally a function of the Compliance
and Airworthiness Division, but during
this transition period, the Executive
Director has delegated the authority to
issue ADs applicable to transport
category airplanes to the Director of the
System Oversight Division.
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
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16:08 Mar 07, 2019
Jkt 247001
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);
3. Will not affect intrastate aviation in
Alaska; and
4. 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.
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:
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
328 Support Services GmbH (Type
Certificate Previously Held by AvCraft
Aerospace GmbH; Fairchild Dornier
GmbH; Dornier Luftfahrt GmbH): Docket
No. FAA–2019–0117; Product Identifier
2018–NM–169–AD.
(a) Comments Due Date
We must receive comments by April 22,
2019.
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None.
(c) Applicability
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, certificated in any category, all
serial numbers.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Reason
This AD was prompted by a report
indicating that undetected cracks may
develop at the roll spoiler bearing arms. We
are issuing this AD to address cracks at the
roll spoiler bearing arms, which, if not
detected and corrected, could lead to a roll
spoiler becoming unresponsive to flight crew
control inputs, possibly resulting in loss of
control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Definition of Affected Parts
PART 39—AIRWORTHINESS
DIRECTIVES
§ 39.13
(b) Affected ADs
For the purposes of this AD, an affected
part is the bearing arm of roll spoilers having
part number (P/N) 001B577A1200000,
001B577A1200001, 001B577A1200002,
001B577A1200003, 001B577A1200004, or
001B577A1200005.
(h) Inspection
Within the compliance time specified in
Figure 1 to paragraph (h) of this AD, as
applicable, do a non-destructive test (NDT)
inspection of each affected part in
accordance with the Accomplishment
Instructions of 328 Support Services Alert
Service Bulletin ASB–328–57–043, dated
September 21, 2018. The flight cycles (FC)
specified in Figure 1 to paragraph (h) of this
AD are the FC accumulated on the airplane
since first flight of the airplane, unless
otherwise specified.
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Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Proposed Rules
(i) Corrective Action
If any crack is found during any inspection
required by paragraph (h) of this AD: Before
further flight, obtain corrective actions
approved by the Manager, International
Section, Transport Standards Branch, FAA;
or the European Aviation Safety Agency
(EASA); or 328 Support Services GmbH’s
EASA Design Organization Approval (DOA);
and accomplish the corrective actions within
the compliance time specified therein. If
approved by the DOA, the approval must
include the DOA-authorized signature.
(j) No Reporting Requirement
Although 328 Support Services Alert
Service Bulletin ASB–328–57–043, dated
September 21, 2018, specifies to submit
certain information to the manufacturer, this
AD does not include that requirement.
(k) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, 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 Section, send it
to the attention of the person identified in
paragraph (l)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@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.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or 328 Support Services GmbH’s EASA DOA.
If approved by the DOA, the approval must
include the DOA-authorized signature.
(l) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2018–0254, dated
November 23, 2018, for related information.
This MCAI may be found in the AD docket
on the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2019–0117.
(2) For more information about this AD,
contact Todd Thompson, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3228.
(3) For service information identified in
this AD, contact 328 Support Services GmbH,
Global Support Center, P.O. Box 1252, D–
82231 Wessling, Federal Republic of
Germany; telephone +49 8153 88111 6666;
fax +49 8153 88111 6565; email gsc.op@
328support.de; internet https://
www.328support.de. You may view this
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16:08 Mar 07, 2019
Jkt 247001
service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
Issued in Des Moines, Washington, on
February 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–04144 Filed 3–7–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
RIN 0694–AH66
Request for Public Comments
Regarding Review of Commerce
Control List for Items Transferred
From United States Munitions List
Categories IV and XV
Bureau of Industry and
Security, Commerce.
ACTION: Advanced notice of proposed
rulemaking.
AGENCY:
As part of its work with the
National Space Council, the Bureau of
Industry and Security, Department of
Commerce requests public comment to
inform its review of the controls
implemented in recent revisions to
Categories IV and XV of the United
States Munitions List (USML) and the
related transfer of items to the
Department of Commerce’s Commerce
Control List (CCL). These items include
launch vehicles, guided missiles,
ballistic missiles, rockets, torpedoes,
bombs, and mines; and spacecraft and
related articles. BIS’s review seeks to
ensure that the CCL describes these
items clearly, captures those items in
normal commercial use, accounts for
technological developments, and
implements the national security and
foreign policy objectives of the United
States properly.
DATES: Comments must be received by
BIS no later than April 22, 2019.
ADDRESSES: Comments may be
submitted through the Federal
rulemaking portal (https://
www.regulations.gov). The
regulations.gov ID number for this rule
is BIS–2018–0029. All comments
(including any personally identifying
information) will be made available for
public inspection and copying.
FOR FURTHER INFORMATION CONTACT: For
questions regarding launch vehicles,
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Fmt 4702
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guided missiles, ballistic missiles,
rockets, torpedoes, bombs, and mines
(Export Control Classification Numbers
(ECCNs) 0A604, 0B604, 0D604, 0E604,
9A604, 9B604, 9D604, and 9E604),
contact Jeffrey Leitz, Senior Staff
Engineer, Munitions Control Division,
Office of Strategic Industries and
Economic Security at (202) 482–7417 or
Jeffrey.Leitz@bis.doc.gov. For questions
regarding spacecraft and related items
(ECCNs 9A515, 9B515, 9D515, and
9E515), contact Dennis Krepp, Director,
Sensors and Aviation Division, Office of
National Security and Technology
Transfer Controls at (202) 482–1309 or
Dennis.Krepp@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
[Docket No. 181010936–8936–01]
SUMMARY:
8485
The Bureau of Industry and Security
(BIS), Department of Commerce,
maintains the CCL under the Export
Administration Regulations (EAR). To
ensure controls align with the national
security and foreign policy objectives of
the U.S. Government, the USML and the
CCL must be regularly reviewed and
updated to account for technological
developments, issues related to the
practical application of these controls,
and changes in the military and
commercial applications of items
covered by the USML or by the
corresponding ‘‘600 series’’ and 9x515
ECCNs on the CCL.
Consistent with the objectives in
Space Policy Directive–2 (available at
https://www.whitehouse.gov/
presidential-actions/space-policydirective-2-streamlining-regulationscommercial-use-space/), this Advanced
Notice of Proposed Rulemaking
(ANPRM), seeks public comments to
inform a review of those items on the
CCL implemented in connection with
the recent removal of articles from
Categories IV (79 FR 34, January 2,
2014) and XV (82 FR 2889, January 10,
2017) of the USML and the placement
of those items on the CCL. BIS seeks to
ensure the CCL includes clear
descriptions, captures items in normal
commercial use, takes into account
technological developments, and
implements the national security and
foreign policy objectives of the United
States properly.
In particular, BIS seeks comment on
ways to thoughtfully streamline export
control regulations for both the U.S.
commercial space industry as well as
our international partners to lower
administrative burden, decrease
regulatory compliance costs as well as
increase exports thereby bolstering the
U.S. space commercial sector and
industrial base.
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Agencies
[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Proposed Rules]
[Pages 8482-8485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04144]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0117; Product Identifier 2018-NM-169-AD]
RIN 2120-AA64
Airworthiness Directives; 328 Support Services GmbH (Type
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt 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 Model 328-100 airplanes. This proposed AD was
prompted by a report indicating that undetected cracks may develop at
the roll spoiler bearing arms. This proposed AD would require a one-
time non-destructive test (NDT) inspection for cracks in the roll
spoiler bearing arms and, if necessary, corrective actions. We are
proposing this AD to address the unsafe condition on these products.
[[Page 8483]]
DATES: We must receive comments on this proposed AD by April 22, 2019.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, 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 view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0117; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3228.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0117;
Product Identifier 2018-NM-169-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of 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 NPRM.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2018-0254, dated November 23, 2018 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all 328 Support
Services GmbH Model 328-100 airplanes. The MCAI states:
Dornier 328 Maintenance Review Board Report provides
instructions for a detailed inspection for the roll spoilers,
including the bearing arms, by eddy current [EC] method. It was
reported that whilst performing Maintenance Planning Document Task
57-71-03-02-01, referring to Non-Destructive Test (NDT) Manual task
57-71-03-318-000-AA0, the stacking of 6 parts at the bearing arm No.
3 prevents detection of cracks with the given EC test settings. The
NDT results are distorted by geometric features such as part edges
and fastener installations. Furthermore, the access to certain areas
is limited for the suggested NDT probe for geometrical reasons. The
result of the technical investigation identified that undetected
cracks may develop at the roll spoiler bearing arms, leading to a
broken (disconnected) bearing arm No. 3, where the actuator is
connected.
This condition, if not detected and corrected, could lead to a
roll spoiler becoming unresponsive to flight crew control inputs,
possibly resulting in loss of control of the aeroplane.
To address this potential unsafe condition, 328 SSG published
the ASB [328 Support Services Alert Service Bulletin ASB-328-57-043,
dated September 21, 2018] to provide appropriate inspection
instructions.
For the reasons described above, this [EASA] AD requires a one-
time NDT inspection of the affected parts and, depending on
findings, accomplishment of applicable corrective action(s) [repair
of cracked parts].
You may examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0117.
Related Service Information Under 1 CFR Part 51
328 Support Services has issued Alert Service Bulletin ASB-328-57-
043, dated September 21, 2018. This service information describes
procedures for a one-time NDT inspection for cracks in the roll spoiler
bearing arms. This service information is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
FAA's Determination
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 the relevant information and determined the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require accomplishing the actions specified
in the service information described previously.
Differences Between This Proposed AD and the MCAI or Service
Information
Although the MCAI and 328 Support Services Alert Service Bulletin
ASB-328-57-043, dated September 21, 2018, specify to submit certain
information to the manufacturer, this AD does not include that
requirement.
Costs of Compliance
We estimate that this proposed AD affects 27 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680........................... $0 $680 $18,360
----------------------------------------------------------------------------------------------------------------
[[Page 8484]]
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.
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.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.
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);
3. Will not affect intrastate aviation in Alaska; and
4. 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.
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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
328 Support Services GmbH (Type Certificate Previously Held by
AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt
GmbH): Docket No. FAA-2019-0117; Product Identifier 2018-NM-169-AD.
(a) Comments Due Date
We must receive comments by April 22, 2019.
(b) Affected ADs
None.
(c) Applicability
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, certificated in any
category, all serial numbers.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by a report indicating that undetected
cracks may develop at the roll spoiler bearing arms. We are issuing
this AD to address cracks at the roll spoiler bearing arms, which,
if not detected and corrected, could lead to a roll spoiler becoming
unresponsive to flight crew control inputs, possibly resulting in
loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definition of Affected Parts
For the purposes of this AD, an affected part is the bearing arm
of roll spoilers having part number (P/N) 001B577A1200000,
001B577A1200001, 001B577A1200002, 001B577A1200003, 001B577A1200004,
or 001B577A1200005.
(h) Inspection
Within the compliance time specified in Figure 1 to paragraph
(h) of this AD, as applicable, do a non-destructive test (NDT)
inspection of each affected part in accordance with the
Accomplishment Instructions of 328 Support Services Alert Service
Bulletin ASB-328-57-043, dated September 21, 2018. The flight cycles
(FC) specified in Figure 1 to paragraph (h) of this AD are the FC
accumulated on the airplane since first flight of the airplane,
unless otherwise specified.
[GRAPHIC] [TIFF OMITTED] TP08MR19.000
[[Page 8485]]
(i) Corrective Action
If any crack is found during any inspection required by
paragraph (h) of this AD: Before further flight, obtain corrective
actions approved by the Manager, International Section, Transport
Standards Branch, FAA; or the European Aviation Safety Agency
(EASA); or 328 Support Services GmbH's EASA Design Organization
Approval (DOA); and accomplish the corrective actions within the
compliance time specified therein. If approved by the DOA, the
approval must include the DOA-authorized signature.
(j) No Reporting Requirement
Although 328 Support Services Alert Service Bulletin ASB-328-57-
043, dated September 21, 2018, specifies to submit certain
information to the manufacturer, this AD does not include that
requirement.
(k) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, 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 Section, send it to the attention of
the person identified in paragraph (l)(2) of this AD. 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.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or 328 Support
Services GmbH's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.
(l) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2018-0254, dated November 23,
2018, for related information. This MCAI may be found in the AD
docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0117.
(2) For more information about this AD, contact Todd Thompson,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3228.
(3) For service information identified in this AD, contact 328
Support Services GmbH, Global Support Center, P.O. Box 1252, D-82231
Wessling, Federal Republic of Germany; telephone +49 8153 88111
6666; fax +49 8153 88111 6565; email gsc.op@328support.de; internet
https://www.328support.de. You may view this service information at
the FAA, Transport Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at
the FAA, call 206-231-3195.
Issued in Des Moines, Washington, on February 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-04144 Filed 3-7-19; 8:45 am]
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