Airworthiness Directives; 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes, 71782-71785 [2019-28067]

Download as PDF 71782 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations (3) Model 767–200, –300, –300F, and –400ER series airplanes, as identified in Boeing Alert Service Bulletin 767–34A0828, dated December 6, 2018. (d) Subject Air Transport Association (ATA) of America Code 34, Navigation. (e) Unsafe Condition This AD was prompted by reports of nuisance stick shaker activation while the airplane accelerated to cruise speed at the top of climb. This AD was also prompted by an investigation of those reports that revealed that the angle of attack (AOA) (also known as angle of airflow) sensor vanes could not prevent the build-up of ice, causing the AOA sensor vanes to become immobilized, which resulted in nuisance stick shaker activation. The FAA is issuing this AD to address ice build-up in the AOA sensor faceplate and vane, which may immobilize the AOA sensor vanes, and could result in inaccurate or unreliable AOA sensor data being transmitted to airplane systems and consequent loss of controllability of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. khammond on DSKJM1Z7X2PROD with RULES (g) Required Actions Except as specified in paragraph (h) of this AD: Within 36 months after the effective date of this AD or at the applicable times specified in paragraph 1.E., ‘‘Compliance,’’ of Boeing Alert Service Bulletin 727–34A0247, Revision 1, dated October 1, 2019; Boeing Alert Service Bulletin 757–34A0611, Revision 1, dated March 22, 2019; or Boeing Alert Service Bulletin 767–34A0828, dated December 6, 2018; as applicable, whichever occurs first, do all applicable actions identified as ‘‘RC’’ (required for compliance) in, and in accordance with, the Accomplishment Instructions of Boeing Alert Service Bulletin 727–34A0247, Revision 1, dated October 1, 2019; Boeing Alert Service Bulletin 757–34A0611, Revision 1, dated March 22, 2019; or Boeing Alert Service Bulletin 767–34A0828, dated December 6, 2018; as applicable. All replacements of the affected AOA sensors must be done before further flight. (h) Exceptions to Service Information Specifications (1) Where Boeing Alert Service Bulletin 727–34A0247, Revision 1, dated October 1, 2019; Boeing Alert Service Bulletin 757– 34A0611, Revision 1, dated March 22, 2019; or Boeing Alert Service Bulletin 767– 34A0828, dated December 6, 2018; as applicable, uses the phrase ‘‘the original issue date of this service bulletin,’’ this AD requires using ‘‘the effective date of this AD.’’ (2) Where Boeing Alert Service Bulletin 727–34A0247, Revision 1, dated October 1, 2019; Boeing Alert Service Bulletin 757– 34A0611, Revision 1, dated March 22, 2019; or Boeing Alert Service Bulletin 767– 34A0828, dated December 6, 2018; specify to accomplish a general visual inspection of the AOA sensors and to replace affected AOA VerDate Sep<11>2014 16:33 Dec 27, 2019 Jkt 250001 sensors, a review of the airplane maintenance records is acceptable in lieu of those actions if the part number of the installed AOA sensors can be conclusively determined during that review to have a new or serviceable AOA sensor part number identified in Boeing Alert Service Bulletin 727–34A0247, Revision 1, dated October 1, 2019; Boeing Alert Service Bulletin 757– 34A0611, Revision 1, dated March 22, 2019; or Boeing Alert Service Bulletin 767– 34A0828, dated December 6, 2018; as applicable. (i) Credit for Previous Actions This paragraph provides credit for actions specified in paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 727–34A0247, dated January 2, 2019. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles ACO 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 manager of the certification office, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 9-ANMLAACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (j)(4)(i) and (ii) of this AD apply. (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled ‘‘RC Exempt,’’ then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures. (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition. PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 (k) Related Information For more information about this AD, contact Jeffrey W. Palmer, Aerospace Engineer, Systems and Equipment Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712– 4137; phone: 562–627–5351; fax: 562–627– 5210; email: Jeffrey.W.Palmer@faa.gov. (l) 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 the AD specifies otherwise. (i) Boeing Alert Service Bulletin 727– 34A0247, Revision 1, dated October 1, 2019. (ii) Boeing Alert Service Bulletin 757– 34A0611, Revision 1, dated March 22, 2019. (iii) Boeing Alert Service Bulletin 767– 34A0828, dated December 6, 2018. (3) 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. (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, email fedreg.legal@nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Des Moines, Washington, on December 9, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–27887 Filed 12–27–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0674; Product Identifier 2019–NM–079–AD; Amendment 39–21003; AD 2019–24–14] 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). AGENCY: E:\FR\FM\30DER1.SGM 30DER1 71783 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations ACTION: Final rule. The FAA is adopting a new airworthiness directive (AD) for certain 328 Support Services GmbH Model 328–100 airplanes. This AD was prompted by a report of missing rivets on landing flap support arm 2. This AD requires 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 is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective February 3, 2020. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 3, 2020. ADDRESSES: For the material incorporated by reference (IBR) in this AD, contact the EASA, KonradAdenauer-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 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. 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– 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 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; phone and fax: 206–231–3228. SUPPLEMENTARY INFORMATION: 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 FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain 328 Support Services GmbH Model 328–100 airplanes. The NPRM published in the Federal Register on September 9, 2019 (84 FR 47173). The NPRM was prompted by a report of missing rivets on landing flap support arm 2. The NPRM proposed to require an inspection of the landing flap support arms for missing rivets and corrective actions if necessary. 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. See the MCAI for additional background information. Comments The FAA gave the public the opportunity to participate in developing this final rule. The agency received no comments on the NPRM or on the determination of the cost to the public. Conclusion The FAA reviewed the relevant data and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes. The FAA 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. 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 arm 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. Costs of Compliance The FAA estimates that this AD affects 22 airplanes of U.S. registry. The FAA 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 6 work-hours × $85 per hour = $510 .......................................................................................... $0 $510 $11,220 khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 16:33 Dec 27, 2019 Jkt 250001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\30DER1.SGM 30DER1 71784 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations The FAA has received no definitive data that would enable the FAA to provide cost estimates for the oncondition crack repairs 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 delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division. khammond on DSKJM1Z7X2PROD with RULES 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. VerDate Sep<11>2014 16:33 Dec 27, 2019 Jkt 250001 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 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): ■ 2019–24–14 328 Support Services GmbH (Type Certificate previously held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH): Amendment 39–21003; Docket No. FAA–2019–0674; Product Identifier 2019–NM–079–AD. (a) Effective Date This AD is effective February 3, 2020. (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) Where EASA AD 2019–0096 refers to its effective date, this AD requires using the effective date of this AD. PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 (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) 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 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 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. (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) European Union Aviation Safety Agency (EASA) AD 2019–0096, dated April 30, 2019. (ii) [Reserved] (3) 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; E:\FR\FM\30DER1.SGM 30DER1 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations internet: www.easa.europa.eu. You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. (4) You may view this 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. This material 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. (5) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@ nara.gov, or go to: https://www.archives.gov/ federal-register/cfr/ibr-locations.html. Issued in Des Moines, Washington, on December 9, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–28067 Filed 12–27–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0675; Product Identifier 2019–NM–068–AD; Amendment 39–19815; AD 2019–24–12] RIN 2120–AA64 Airworthiness Directives; De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain De Havilland Aircraft of Canada Limited Model DHC–8–401 and –402 airplanes. This AD was prompted by a report that certain fuselages were delivered with nonconforming keel tension fittings and stringer end fittings. This AD requires a detailed visual inspection of stringer end fittings and keel fittings for loose or working fasteners, signs of wear, and corrosion, and repair if necessary; and a general visual inspection of the keel tension fitting and stringer end fittings, as applicable, and repairs and replacement of the keel and stringer end fittings if necessary. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective February 3, 2020. The Director of the Federal Register approved the incorporation by reference khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:33 Dec 27, 2019 Jkt 250001 of certain publications listed in this AD as of February 3, 2020. ADDRESSES: For Bombardier, Inc., or De Havilland Aircraft of Canada Limited service information identified in this final rule, contact De Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; phone: 416–375–4000; fax: 416–375– 4539; email: thd@dehavilland.com; internet: https://dehavilland.com. 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–2019–0675. 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– 0675; 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: Andrea Jimenez, Aerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516–228–7330; fax: 516– 794–5531; email: 9-avs-nyaco-cos@ faa.gov. SUPPLEMENTARY INFORMATION: Discussion Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian AD CF–2019–06, dated February 18, 2019 (also referred to as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain De Havilland Aircraft of Canada Limited Model DHC– 8–401 and –402 airplanes. 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– 0675. The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 71785 apply to certain Bombardier, Inc., Model DHC–8–401 and –402 airplanes. The NPRM published in the Federal Register on September 9, 2019 (84 FR 47170). The NPRM was prompted by a report that certain fuselages were delivered with non-conforming keel tension fittings and stringer end fittings. The NPRM proposed to require a detailed visual inspection of stringer end fittings and keel fittings for loose or working fasteners, signs of wear, and corrosion, and repair if necessary; and a general visual inspection of the keel tension fitting and stringer end fittings, as applicable, and repairs and replacement of the keel and stringer end fittings if necessary. The FAA is issuing this AD to address non-conforming keel tension fittings and stringer end fittings, which could lead to premature cracking and corrosion in several locations and compromise the structural integrity of the fuselage joints. See the MCAI for additional background information. 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. Request To Update the Design Approval Holder (DAH) for the Affected Airplanes Horizon Air requested that the FAA update the DAH for the affected airplanes. Horizon Air pointed out that De Havilland Aircraft of Canada Limited is now the DAH for the Model DHC–8– 401 and –402 airplanes. The FAA agrees with the commenter for the reasons provided and has updated this final rule accordingly. Request To Include Revised Service Information and Credit for Previous Revision Horizon Air requested that the FAA update the final rule to include revised service information. Horizon Air mentioned that De Havilland Aircraft of Canada Limited has issued Service Bulletin 84–53–75, Revision A, dated August 2, 2019. Horizon Air also requested that the FAA give credit for accomplishment of the required actions prior to the effective date of this AD using Bombardier Service Bulletin 84– 53–75, dated August 29, 2018. The FAA agrees with the commenter for the reasons provided and has updated this final rule to refer to De Havilland Aircraft of Canada Limited Service Bulletin 84–53–75, Revision A, dated August 2, 2019. The FAA has determined that no additional work is E:\FR\FM\30DER1.SGM 30DER1

Agencies

[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Rules and Regulations]
[Pages 71782-71785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28067]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0674; Product Identifier 2019-NM-079-AD; Amendment 
39-21003; AD 2019-24-14]
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).

[[Page 71783]]


ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain 328 Support Services GmbH Model 328-100 airplanes. This AD was 
prompted by a report of missing rivets on landing flap support arm 2. 
This AD requires 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 is incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective February 3, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 3, 
2020.

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
contact the EASA, 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 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; phone and fax: 206-231-3228.

SUPPLEMENTARY INFORMATION:

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 FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain 328 Support 
Services GmbH Model 328-100 airplanes. The NPRM published in the 
Federal Register on September 9, 2019 (84 FR 47173). The NPRM was 
prompted by a report of missing rivets on landing flap support arm 2. 
The NPRM proposed to require an inspection of the landing flap support 
arms for missing rivets and corrective actions if necessary.
    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. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The agency received no comments on the NPRM 
or on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The FAA 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.

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 arm 
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.

Costs of Compliance

    The FAA estimates that this AD affects 22 airplanes of U.S. 
registry. The FAA 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
----------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------


[[Page 71784]]

    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 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 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):

2019-24-14 328 Support Services GmbH (Type Certificate previously 
held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier 
Luftfahrt GmbH): Amendment 39-21003; Docket No. FAA-2019-0674; 
Product Identifier 2019-NM-079-AD.

(a) Effective Date

    This AD is effective February 3, 2020.

(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) 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) 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

    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.

(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) European Union Aviation Safety Agency (EASA) AD 2019-0096, 
dated April 30, 2019.
    (ii) [Reserved]
    (3) 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];

[[Page 71785]]

internet: www.easa.europa.eu. You may find this EASA AD on the EASA 
website at https://ad.easa.europa.eu.
    (4) You may view this 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. This 
material 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.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on December 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-28067 Filed 12-27-19; 8:45 am]
BILLING CODE 4910-13-P