Airworthiness Directives; 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes, 41599-41602 [2019-17504]

Download as PDF jspears on DSK3GMQ082PROD with RULES Federal Register / Vol. 84, No. 158 / Thursday, August 15, 2019 / Rules and Regulations control if necessary to prevent inappropriate use or confusion. (g) Under any condition of flight appropriate to its use, the flight guidance system may not produce hazardous loads on the airplane, nor create hazardous deviations in the flight path. This applies to both fault-free operation and in the event of a malfunction, and assumes that the pilot begins corrective action within a reasonable period of time. (h) When the flight guidance system is in use, a means must be provided to avoid excursions beyond an acceptable margin from the speed range of the normal flight envelope. If the airplane experiences an excursion outside this range, a means must be provided to prevent the flight guidance system from providing guidance or control to an unsafe speed. (i) The flight guidance system functions, controls, indications, and alerts must be designed to minimize flightcrew errors and confusion concerning the behavior and operation of the flight guidance system. Means must be provided to indicate the current mode of operation, including any armed modes, transitions, and reversions. Selector switch position is not an acceptable means of indication. The controls and indications must be grouped and presented in a logical and consistent manner. The indications must be visible to each pilot under all expected lighting conditions. (j) Following disengagement of the autothrust function, a caution must be provided to each pilot. (k) During autothrust operation, it must be possible for the flightcrew to move the thrust levers without requiring excessive force. The autothrust may not create a potential hazard when the flightcrew applies an override force to the thrust levers. (l) For purposes of these special conditions, a transient is a disturbance in the control or flight path of the airplane that is not consistent with response to flightcrew inputs or environmental conditions. (1) A minor transient would not significantly reduce safety margins and would involve flightcrew actions that are well within their capabilities. A minor transient may involve a slight increase in flightcrew workload or some physical discomfort to passengers or cabin crew. (2) A significant transient may lead to a significant reduction in safety margins, an increase in flightcrew workload, discomfort to the flightcrew, or physical distress to the passengers or cabin crew, possibly including non-fatal injuries. Significant transients do not VerDate Sep<11>2014 15:51 Aug 14, 2019 Jkt 247001 require, in order to remain within or recover to the normal flight envelope, any of the following: (i) Exceptional piloting skill, alertness, or strength. (ii) Forces applied by the pilot which are greater than those specified in § 23.143(c). (iii) Accelerations or attitudes in the airplane that might result in further hazard to secured or non-secured occupants. Issued in Kansas City, Missouri, on August 1, 2019. Pat Mullen, Manager, Small Airplane Standards Branch, Policy and Innovation Division, Aircraft Certification Service. [FR Doc. 2019–17570 Filed 8–14–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0117; Product Identifier 2018–NM–169–AD; Amendment 39–19696; AD 2019–15–03] 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), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for all 328 Support Services GmbH Model 328–100 airplanes. This AD was prompted by a report indicating that undetected cracks may develop at the roll spoiler bearing arms. This AD requires a one-time nondestructive test (NDT) inspection for cracks in the roll spoiler bearing arms and, if necessary, corrective actions. The agency is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective September 19, 2019. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 19, 2019. ADDRESSES: For service information identified in this final rule, 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@ SUMMARY: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 41599 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. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2019– 0117. 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 final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. 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: Discussion The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all 328 Support Services GmbH Model 328–100 airplanes. The NPRM published in the Federal Register on March 8, 2019 (84 FR 8482). The NPRM was prompted by a report indicating that undetected cracks may develop at the roll spoiler bearing arms. The NPRM proposed to require a one-time NDT inspection for cracks in the roll spoiler bearing arms and, if necessary, corrective actions. The FAA is 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. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2018–0254R1, dated June 4, 2019 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for all 328 Support E:\FR\FM\15AUR1.SGM 15AUR1 41600 Federal Register / Vol. 84, No. 158 / Thursday, August 15, 2019 / Rules and Regulations 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, EASA issued AD 2018–0254 to require a one-time NDT inspection of the affected parts and, depending on findings, accomplishment of applicable corrective action(s). Since that [EASA] AD was issued, it was noted that an error had been made in the compliance times, creating an inconsistency with those in the ASB. This [EASA] AD is revised to correct those errors. 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. Comments The FAA gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA’s response to each comment. Therefore, where figure 1 to paragraph (h) of the proposed AD used the phrase ‘‘within 2,500 FC after the effective date of this AD,’’ the FAA has revised figure 1 to paragraph (h) of this final AD to state ‘‘within 2,500 FH after the effective date of this AD.’’ Requests To Correct Compliance Time The commenters, David Davidson and David Moreno, each requested that the compliance time for accomplishing the NDT inspection specified in paragraph (h) of the proposed AD be revised to require the inspection within 2,500 flight hours (FH) after the effective date of the proposed AD instead of within 2,500 flight cycles (FC) after the effective date of the proposed AD. The commenters noted that a compliance time counted in FC conflicts with the compliance time specified in 328 Support Services Alert Service Bulletin ASB–328–57–043, dated September 21, 2018. The commenters went on to point out that using a compliance time counted in FH aligns with the regularly scheduled A5 maintenance check. The FAA agrees with the commenters’ requests to revise the specified compliance time from FC to FH. Since the agency issued the NPRM, EASA issued 2018–0254R1, dated June 4, 2019, to correct the identified error in the specified compliance time. The FAA has discussed this change with EASA and determined that using a FH compliance time will not adversely affect safety, and will allow the modification to be performed during regularly scheduled maintenance. Further, EASA and 328 Support Services GmbH provided data that confirms that the difference between FH and FC for determining compliance time is small, and the burden to the operator is minimal as a result of this change. Conclusion The FAA reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the change described previously and minor editorial changes. The agency has determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. The FAA has also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule. 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. Costs of Compliance The FAA estimates that this AD affects 27 airplanes of U.S. registry. The agency estimates the following costs to comply with this 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 The FAA has received no definitive data that would enable the agency to provide cost estimates for the oncondition actions specified in this AD. jspears on DSK3GMQ082PROD with RULES 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 VerDate Sep<11>2014 15:51 Aug 14, 2019 Jkt 247001 detail the scope of the agency’s authority. The FAA is 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 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. This 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 E:\FR\FM\15AUR1.SGM 15AUR1 Federal Register / Vol. 84, No. 158 / Thursday, August 15, 2019 / Rules and Regulations delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division. the FAA amends 14 CFR part 39 as follows: Regulatory Findings ■ List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment jspears on DSK3GMQ082PROD with 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. Although 328 Support Services Alert Service Bulletin ASB–328–57–043, dated VerDate Sep<11>2014 15:51 Aug 14, 2019 Jkt 247001 Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ 2019–15–03 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH): Amendment 39–19696; Docket No. FAA–2019–0117; Product Identifier 2018–NM–169–AD. (a) Effective Date This AD is effective September 19, 2019. (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. 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 PO 00000 Frm 00007 Fmt 4700 This AD was prompted by a report indicating that undetected cracks may develop at the roll spoiler bearing arms. The FAA is issuing this AD to address cracking 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 (b) Affected ADs None. (d) Subject Air Transport Association (ATA) of America Code 57, Wings. Accordingly, under the authority delegated to me by the Administrator, (j) No Reporting Requirement 1. The authority citation for part 39 continues to read as follows: (e) Reason Sfmt 4700 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. 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. E:\FR\FM\15AUR1.SGM 15AUR1 ER15AU19.002</GPH> This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, 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. PART 39—AIRWORTHINESS DIRECTIVES 41601 41602 Federal Register / Vol. 84, No. 158 / Thursday, August 15, 2019 / Rules and Regulations (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2018–0254R1, dated June 4, 2019, 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. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) 328 Support Services Alert Service Bulletin ASB–328–57–043, dated September 21, 2018. (ii) [Reserved] (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. (4) 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. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Des Moines, Washington, on July 26, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–17504 Filed 8–14–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 jspears on DSK3GMQ082PROD with RULES [Docket No. FAA–2019–0575; Product Identifier 2019–NM–113–AD; Amendment 39–19690; AD 2019–14–12] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. AGENCY: VerDate Sep<11>2014 15:51 Aug 14, 2019 Jkt 247001 Final rule; request for comments. ACTION: The FAA is adopting an airworthiness directive (AD) for certain The Boeing Company Model 737–8 and 737–9 airplanes. This AD requires a maintenance records check to determine if any main slat track assembly has been removed, an inspection of the main slat track assemblies for a suspect lot number or a lot number that cannot be determined, and applicable oncondition actions. This AD was prompted by a report that certain main slat track assemblies were manufactured incorrectly and are affected by hydrogen embrittlement. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective August 30, 2019. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of August 30, 2019. The FAA must receive comments on this AD by September 30, 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 AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet https:// www.myboeingfleet.com. You may view this referenced 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. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2019–0575. SUMMARY: 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– 0575; or in person at the Docket PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations is listed above. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Greg Rutar, Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3529; email: Greg.Rutar@faa.gov. SUPPLEMENTARY INFORMATION: Discussion The FAA has received a report from Boeing indicating that 148 main slat track assemblies from a set of lot numbers were manufactured incorrectly and are affected by hydrogen embrittlement. Main slat track assemblies that are affected by hydrogen embrittlement have reduced strength. After reviewing information within the report provided from Boeing, the FAA determined on May 22, 2019, that this condition, if not addressed, could result in failure of main slat track assemblies, which could cause the slat to depart and potentially strike the airplane, resulting in injury to airplane occupants and/or preventing continued safe flight and landing. Other Relevant Rulemaking The FAA issued AD 2019–11–03, Amendment 39–19649 (84 FR 26743, June 10, 2019) (‘‘AD 2019–11–03’’), for certain The Boeing Company Model 737–700C, –800, and –900ER series airplanes. The FAA issued AD 2019– 11–03 to address main slat track assemblies that have reduced strength due to hydrogen embrittlement. This condition, if not addressed, could result in failure of main slat track assemblies, which could cause the slat to depart and potentially strike the airplane, resulting in injury to airplane occupants and/or preventing continued safe flight and landing. In the preamble of the final rule issuing AD 2019–11–03, the FAA stated that the identified unsafe condition also exists on Boeing Model 737–8 and 737– 9 airplanes. The FAA also stated that Boeing was developing service information that would address the unsafe condition for these airplanes and that the FAA might consider additional rulemaking once that service information was developed, approved, and available. Boeing has since developed such service information and the FAA has determined that further rulemaking is indeed necessary. E:\FR\FM\15AUR1.SGM 15AUR1

Agencies

[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Rules and Regulations]
[Pages 41599-41602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17504]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0117; Product Identifier 2018-NM-169-AD; Amendment 
39-19696; AD 2019-15-03]
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), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
328 Support Services GmbH Model 328-100 airplanes. This AD was prompted 
by a report indicating that undetected cracks may develop at the roll 
spoiler bearing arms. This AD requires a one-time non-destructive test 
(NDT) inspection for cracks in the roll spoiler bearing arms and, if 
necessary, corrective actions. The agency is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective September 19, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
19, 2019.

ADDRESSES: For service information identified in this final rule, 
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 [email protected]; 
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. It is also available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0117.

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 final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all 328 Support 
Services GmbH Model 328-100 airplanes. The NPRM published in the 
Federal Register on March 8, 2019 (84 FR 8482). The NPRM was prompted 
by a report indicating that undetected cracks may develop at the roll 
spoiler bearing arms. The NPRM proposed to require a one-time NDT 
inspection for cracks in the roll spoiler bearing arms and, if 
necessary, corrective actions.
    The FAA is 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.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2018-0254R1, dated June 4, 2019 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all 328 Support

[[Page 41600]]

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, EASA issued AD 2018-0254 to 
require a one-time NDT inspection of the affected parts and, 
depending on findings, accomplishment of applicable corrective 
action(s).
    Since that [EASA] AD was issued, it was noted that an error had 
been made in the compliance times, creating an inconsistency with 
those in the ASB. This [EASA] AD is revised to correct those errors.

    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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Requests To Correct Compliance Time

    The commenters, David Davidson and David Moreno, each requested 
that the compliance time for accomplishing the NDT inspection specified 
in paragraph (h) of the proposed AD be revised to require the 
inspection within 2,500 flight hours (FH) after the effective date of 
the proposed AD instead of within 2,500 flight cycles (FC) after the 
effective date of the proposed AD. The commenters noted that a 
compliance time counted in FC conflicts with the compliance time 
specified in 328 Support Services Alert Service Bulletin ASB-328-57-
043, dated September 21, 2018. The commenters went on to point out that 
using a compliance time counted in FH aligns with the regularly 
scheduled A5 maintenance check.
    The FAA agrees with the commenters' requests to revise the 
specified compliance time from FC to FH. Since the agency issued the 
NPRM, EASA issued 2018-0254R1, dated June 4, 2019, to correct the 
identified error in the specified compliance time. The FAA has 
discussed this change with EASA and determined that using a FH 
compliance time will not adversely affect safety, and will allow the 
modification to be performed during regularly scheduled maintenance. 
Further, EASA and 328 Support Services GmbH provided data that confirms 
that the difference between FH and FC for determining compliance time 
is small, and the burden to the operator is minimal as a result of this 
change. Therefore, where figure 1 to paragraph (h) of the proposed AD 
used the phrase ``within 2,500 FC after the effective date of this 
AD,'' the FAA has revised figure 1 to paragraph (h) of this final AD to 
state ``within 2,500 FH after the effective date of this AD.''

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the change described previously 
and minor editorial changes. The agency has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA has also determined that these changes will not increase 
the economic burden on any operator or increase the scope of this final 
rule.

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.

Costs of Compliance

    The FAA estimates that this AD affects 27 airplanes of U.S. 
registry. The agency estimates the following costs to comply with this 
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
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this 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.
    The FAA is 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 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

[[Page 41601]]

delegated the authority to issue ADs applicable to transport category 
airplanes and associated appliances to the Director of the System 
Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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):

2019-15-03 328 Support Services GmbH (Type Certificate Previously 
Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier 
Luftfahrt GmbH): Amendment 39-19696; Docket No. FAA-2019-0117; 
Product Identifier 2018-NM-169-AD.

(a) Effective Date

    This AD is effective September 19, 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. The FAA is 
issuing this AD to address cracking 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] TR15AU19.002

(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: [email protected]. 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.

[[Page 41602]]

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0254R1, dated June 4, 2019, 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.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) 328 Support Services Alert Service Bulletin ASB-328-57-043, 
dated September 21, 2018.
    (ii) [Reserved]
    (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 [email protected]; internet 
https://www.328support.de.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on July 26, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-17504 Filed 8-14-19; 8:45 am]
BILLING CODE 4910-13-P
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