Airworthiness Directives; 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes, 47173-47175 [2019-19297]
Download as PDF
Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Proposed Rules
[Docket No. FAA–2019–0674; Product
Identifier 2019–NM–079–AD]
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0674.
RIN 2120–AA64
Examining the AD Docket
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
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:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain 328 Support Services GmbH
Model 328–100 airplanes. This
proposed AD was prompted by a report
of missing rivets on landing flap support
arm 2. This proposed AD would require
an inspection of the landing flap
support arms for missing rivets and
corrective actions if necessary, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which will
be incorporated by reference. The FAA
is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by October 24,
2019.
SUMMARY:
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 the material identified in this
proposed AD that will be incorporated
by reference (IBR), contact the EASA, at
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221
89990 1000; email: ADs@
easa.europa.eu; internet:
www.easa.europa.eu. You may find this
IBR material on the EASA website at
https://ad.easa.europa.eu. You may
view this IBR material at the FAA,
Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
jbell on DSK3GLQ082PROD with PROPOSALS
ADDRESSES:
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18:17 Sep 06, 2019
Jkt 247001
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0674; 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 is
listed above. 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;
phone and fax: 206–231–3228.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites 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–2019–0674; Product
Identifier 2019–NM–079–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM based on
those comments.
The FAA will post all comments,
without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact the agency receives about this
NPRM.
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0096, dated April 30, 2019
(‘‘EASA AD 2019–0096’’) (also referred
to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain 328 Support Services GmbH
Model 328–100 airplanes. The MCAI
states:
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
47173
Missing rivets on landing flap support arm
2 were noticed by Dornier Fairchild Quality
Assurance. The landing flap support arm
manufacturer did not install the rivets on flap
arms installed on Group 1 aeroplanes.
This condition, if not detected and
corrected, could lead to the loss of one of two
load paths, reducing the fatigue life of the
affected flap arms.
To address this unsafe condition,
Fairchild-Dornier issued the SB [Dornier
Service Bulletin SB–328–57–239] to provide
modification instructions for certain
aeroplanes and, consequently, [LuftfahrtBundesamt] (LBA) Germany issued AD 97–
328 [which corresponds to FAA AD 98–23–
16, Amendment 39–10884 (63 FR 63397,
November 13, 1998) (‘‘AD 98–23–16’’)] to
require installation of two fasteners on the
affected landing flap arms.
Since that [LBA Germany] AD was issued,
during a scheduled maintenance inspection
of a Group 2 aeroplane (not affected by the
LBA Germany AD), missing rivets were
identified, indicating that some Group 2
aeroplanes may not have been retrofitted
during production.
For the reasons described above, this
[EASA] AD retains the requirements of LBA
Germany AD 97–328, which is superseded,
requires a one-time inspection of Group 2
aeroplanes and, depending on findings,
installation of two fasteners on the flap
support arms.
Related IBR Material Under 1 CFR Part
51
EASA AD 2019–0096 describes
procedures for an inspection of the
landing flap support arms for missing
rivets, which includes a special detailed
inspection (eddy current) of the landing
flap support 2 along the edges and
around the rivets for cracks, and
corrective actions. Corrective actions
include installing rivets and repairing
cracks.
This material 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 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 the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is proposing this AD
because the FAA evaluated all the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
E:\FR\FM\09SEP1.SGM
09SEP1
47174
Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Proposed Rules
Proposed AD Requirements
This proposed AD would require
accomplishing the actions specified in
EASA AD 2019–0096 described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD and except as
discussed under ‘‘Differences Between
this Proposed AD and the MCAI.’’
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, EASA AD
2019–0096 will be incorporated by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with EASA AD 2019–0096
in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Using common terms that are the same
as the heading of a particular section in
the EASA AD does not mean that
operators need comply only with that
section. For example, where the AD
requirement refers to ‘‘all required
actions and compliance times,’’
compliance with this AD requirement is
not limited to the section titled
‘‘Required Action(s) and Compliance
Time(s)’’ in the EASA AD. Service
information specified in EASA AD
2019–0096 that is required for
compliance with EASA AD 2019–0096
will be available on the internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2019–
0674 after the FAA final rule is
published.
Differences Between This Proposed AD
and the MCAI
The applicability of EASA AD 2019–
0096, dated April 30, 2019, includes 328
Support Services GmbH Model 328–100
airplanes serial numbers 3032 through
3086 inclusive. However, the
applicability of this proposed AD only
includes 328 Support Services GmbH
Model 328–100 airplanes serial numbers
3032 through 3063 inclusive. The FAA
issued AD 98–23–16 to correct the
unsafe condition for 328 Support
Services GmbH Model 328–100
airplanes serial numbers 3064 through
3086 inclusive.
EASA AD 2019–0096 did not state a
corrective action if any cracking is
found during the required inspection.
This proposed AD would require repair
of any cracking.
Costs of Compliance
The FAA estimates that this proposed
AD affects 22 airplanes of U.S. registry.
The FAA estimates 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
6 work-hours × $85 per hour = $510 ..........................................................................................
$0
$510
$11,220
The FAA estimates the following
costs to do any necessary on-condition
installation that would be required
based on the results of any required
actions. The FAA has no way of
determining the number of aircraft that
might need this on-condition
installation:
ESTIMATED COSTS OF ON-CONDITION INSTALLATION
Labor cost
Parts cost
Cost per
product
4 work-hours × $85 per hour = $340 ......................................................................................................................
$27
$367
The FAA has received no definitive
data that would enable the FAA to
provide cost estimates for the oncondition crack repairs specified in this
proposed AD.
jbell on DSK3GLQ082PROD with PROPOSALS
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
VerDate Sep<11>2014
18:17 Sep 06, 2019
Jkt 247001
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 and associated
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
appliances to the Director of the System
Oversight Division.
Regulatory Findings
The FAA 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) Will not affect intrastate aviation
in Alaska, and
E:\FR\FM\09SEP1.SGM
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Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Proposed Rules
(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.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
328 Support Services GmbH (Type
Certificate Previously Held by AvCraft
Aerospace GmbH; Fairchild Dornier
GmbH; Dornier Luftfahrt GmbH): Docket
No. FAA–2019–0674; Product Identifier
2019–NM–079–AD.
(a) Comments Due Date
The FAA must receive comments by
October 24, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to 328 Support Services
GmbH Model 328–100 airplanes, certificated
in any category, serial numbers 3032 through
3063 inclusive.
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
jbell on DSK3GLQ082PROD with PROPOSALS
(e) Reason
This AD was prompted by a report of
missing rivets on landing flap support arm 2.
The FAA is issuing this AD to address
missing rivets, which could lead to the loss
of one of two load paths, reducing the fatigue
life of the affected flap arms and leading to
fatigue cracking of the support arms of the
flaps, which could result in reduced
structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2019–0096, dated
April 30, 2019 (‘‘EASA AD 2019–0096’’).
VerDate Sep<11>2014
18:17 Sep 06, 2019
Jkt 247001
(h) Exceptions to EASA AD 2019–0096
(1) For purposes of determining
compliance with the requirements of this AD:
Where EASA AD 2019–0096 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0096 does not apply to this AD.
(i) Corrective Action for Cracking
If any crack is found during any inspection
required by paragraph (2) of EASA AD 2019–
0096: Before further flight, repair using a
method approved by the Manager,
International Section, Transport Standards
Branch, FAA; or the EASA; or 328 Support
Services GmbH’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(j) No Reporting Requirement
Although the service information
referenced in EASA AD 2019–0096 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 instructions
from a manufacturer, the instructions 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) For information about EASA AD 2019–
0096, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; phone: +49
221 89990 6017; email: ADs@easa.europa.eu;
Internet: www.easa.europa.eu. You may find
this EASA AD on the EASA website at
https://ad.easa.europa.eu. You may view this
EASA AD 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.
EASA AD 2019–0096 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0674.
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
47175
(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; phone and fax:
206–231–3228.
Issued in Des Moines, Washington, on
August 30, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–19297 Filed 9–6–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–104554–18]
RIN 1545–B078
Advance Payments for Goods,
Services, and Other Items
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
This document contains
proposed regulations regarding the
timing of income inclusion under
section 451 of the Internal Revenue
Code (Code) of advance payments for
goods, services, and certain other items.
The proposed regulations reflect
changes made by the Tax Cuts and Jobs
Act. These proposed regulations affect
taxpayers that use an accrual method of
accounting and receive advance
payments.
DATES: Written or electronic comments
or a request for a public hearing must
be received by November 8, 2019.
ADDRESSES: Submit electronic
submissions via the Federal
eRulemaking Portal at
www.regulations.gov (indicate IRS and
REG–104554–18) by following the
online instructions for submitting
comments. Once submitted to the
Federal eRulemaking Portal, comments
cannot be edited or withdrawn. The
Department of the Treasury (Treasury
Department) and the IRS will publish
for public availability any comment
received to its public docket, whether
submitted electronically or in hard
copy. Send hard copy submissions to
Internal Revenue Service,
CC:PA:LPD:PR (REG–104554–18), Room
5205, P.O. Box 7604, Ben Franklin
Station, Washington, DC 20044.
Submissions may be hand delivered
Monday through Friday between the
hours of 8 a.m. and 4 p.m. to Courier’s
Desk, Internal Revenue Service,
SUMMARY:
E:\FR\FM\09SEP1.SGM
09SEP1
Agencies
[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Proposed Rules]
[Pages 47173-47175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19297]
[[Page 47173]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0674; Product Identifier 2019-NM-079-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: The FAA proposes to adopt a new airworthiness directive (AD)
for certain 328 Support Services GmbH Model 328-100 airplanes. This
proposed AD was prompted by a report of missing rivets on landing flap
support arm 2. This proposed AD would require an inspection of the
landing flap support arms for missing rivets and corrective actions if
necessary, as specified in a European Union Aviation Safety Agency
(EASA) AD, which will be incorporated by reference. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by October 24,
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 the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, at Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 89990 1000; email:
[email protected]; internet: www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material 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 in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0674.
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-
0674; 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 is listed above.
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; phone and fax: 206-231-3228.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites 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-2019-0674;
Product Identifier 2019-NM-079-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this NPRM.
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0096, dated April 30, 2019
(``EASA AD 2019-0096'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain 328 Support Services GmbH Model 328-100
airplanes. The MCAI states:
Missing rivets on landing flap support arm 2 were noticed by
Dornier Fairchild Quality Assurance. The landing flap support arm
manufacturer did not install the rivets on flap arms installed on
Group 1 aeroplanes.
This condition, if not detected and corrected, could lead to the
loss of one of two load paths, reducing the fatigue life of the
affected flap arms.
To address this unsafe condition, Fairchild-Dornier issued the
SB [Dornier Service Bulletin SB-328-57-239] to provide modification
instructions for certain aeroplanes and, consequently, [Luftfahrt-
Bundesamt] (LBA) Germany issued AD 97-328 [which corresponds to FAA
AD 98-23-16, Amendment 39-10884 (63 FR 63397, November 13, 1998)
(``AD 98-23-16'')] to require installation of two fasteners on the
affected landing flap arms.
Since that [LBA Germany] AD was issued, during a scheduled
maintenance inspection of a Group 2 aeroplane (not affected by the
LBA Germany AD), missing rivets were identified, indicating that
some Group 2 aeroplanes may not have been retrofitted during
production.
For the reasons described above, this [EASA] AD retains the
requirements of LBA Germany AD 97-328, which is superseded, requires
a one-time inspection of Group 2 aeroplanes and, depending on
findings, installation of two fasteners on the flap support arms.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0096 describes procedures for an inspection of the
landing flap support arms for missing rivets, which includes a special
detailed inspection (eddy current) of the landing flap support 2 along
the edges and around the rivets for cracks, and corrective actions.
Corrective actions include installing rivets and repairing cracks.
This material 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 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 the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
[[Page 47174]]
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0096 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD and except as discussed under ``Differences
Between this Proposed AD and the MCAI.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2019-0096
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2019-0096 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2019-0096 that is required for compliance with EASA AD 2019-
0096 will be available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0674 after the FAA final
rule is published.
Differences Between This Proposed AD and the MCAI
The applicability of EASA AD 2019-0096, dated April 30, 2019,
includes 328 Support Services GmbH Model 328-100 airplanes serial
numbers 3032 through 3086 inclusive. However, the applicability of this
proposed AD only includes 328 Support Services GmbH Model 328-100
airplanes serial numbers 3032 through 3063 inclusive. The FAA issued AD
98-23-16 to correct the unsafe condition for 328 Support Services GmbH
Model 328-100 airplanes serial numbers 3064 through 3086 inclusive.
EASA AD 2019-0096 did not state a corrective action if any cracking
is found during the required inspection. This proposed AD would require
repair of any cracking.
Costs of Compliance
The FAA estimates that this proposed AD affects 22 airplanes of
U.S. registry. The FAA estimates 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
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510........................... $0 $510 $11,220
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition installation that would be required based on the results of
any required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition installation:
Estimated Costs of On-Condition Installation
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340.... $27 $367
------------------------------------------------------------------------
The FAA has received no definitive data that would enable the FAA
to provide cost estimates for the on-condition crack repairs 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.
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 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 and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
The FAA 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) Will not affect intrastate aviation in Alaska, and
[[Page 47175]]
(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.
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-2019-0674; Product Identifier 2019-NM-079-AD.
(a) Comments Due Date
The FAA must receive comments by October 24, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to 328 Support Services GmbH Model 328-100
airplanes, certificated in any category, serial numbers 3032 through
3063 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by a report of missing rivets on landing
flap support arm 2. The FAA is issuing this AD to address missing
rivets, which could lead to the loss of one of two load paths,
reducing the fatigue life of the affected flap arms and leading to
fatigue cracking of the support arms of the flaps, which could
result in reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2019-0096, dated April 30, 2019 (``EASA AD 2019-0096'').
(h) Exceptions to EASA AD 2019-0096
(1) For purposes of determining compliance with the requirements
of this AD: Where EASA AD 2019-0096 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The ``Remarks'' section of EASA AD 2019-0096 does not apply
to this AD.
(i) Corrective Action for Cracking
If any crack is found during any inspection required by
paragraph (2) of EASA AD 2019-0096: Before further flight, repair
using a method approved by the Manager, International Section,
Transport Standards Branch, FAA; or the EASA; or 328 Support
Services GmbH's EASA Design Organization Approval (DOA). If approved
by the DOA, the approval must include the DOA-authorized signature.
(j) No Reporting Requirement
Although the service information referenced in EASA AD 2019-0096
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 instructions from a manufacturer, the instructions 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) For information about EASA AD 2019-0096, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 89990
6017; email: [email protected]; Internet: www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD 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. EASA AD 2019-0096 may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0674.
(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; phone and
fax: 206-231-3228.
Issued in Des Moines, Washington, on August 30, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-19297 Filed 9-6-19; 8:45 am]
BILLING CODE 4910-13-P