Airworthiness Directives; 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes, 29601-29603 [2020-10631]
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Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Rules and Regulations
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.
(k) Related Information
(1) 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.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (l)(4) and (5) of this AD.
(l) Material Incorporated by Reference
jbell on DSKJLSW7X2PROD with RULES
(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.
(3) The following service information was
approved for IBR on February 3, 2020 (84 FR
71778, December 30, 2019).
(i) Boeing Alert Service Bulletin 727–
34A0247, Revision 1, dated October 1, 2019.
(ii) [Reserved]
(4) 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.
(5) 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.
(6) 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 on March 27, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–10604 Filed 5–15–20; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:02 May 15, 2020
Jkt 250001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0090; Product
Identifier 2019–NM–196–AD; Amendment
39–19909; AD 2020–09–13]
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 328–300
airplanes. This AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This AD requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations, 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 June 22,
2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of June 22, 2020.
ADDRESSES: For material incorporated
by reference (IBR) in this AD, contact
the EASA, 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,
Airworthiness Products Section,
Operational Safety 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–2020–
0090.
SUMMARY:
29601
0090; 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,
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,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
phone and fax: 206–231–3228; email:
todd.thompson@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2019–0271, dated October 30, 2019
(‘‘EASA AD 2019–0271’’) (referred to
after this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all 328 Support Services GmbH
Model 328–300 airplanes.
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 328–300 airplanes. The NPRM
published in the Federal Register on
February 12, 2020 (85 FR 7897). The
NPRM was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. The NPRM proposed to
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations, as
specified in an EASA AD.
The FAA is issuing this AD to address
the potential failure of parts, which
could lead to reduced control of the
airplane; and to address the potential of
ignition sources inside fuel tanks,
which, in combination with flammable
fuel vapors, could result in fuel tank
explosions and consequent loss of the
airplane. See the MCAI for additional
background information.
Examining the AD Docket
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The FAA received no
comments on the NPRM or on the
determination of the cost to the public.
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
Conclusion
The FAA reviewed the relevant data
and determined that air safety and the
public interest require adopting this
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29602
Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Rules and Regulations
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 2019–0271 describes
procedures for airworthiness limitations
for certification maintenance
requirements that include, among other
items, safe life limits and fuel tank
system limitations. 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
jbell on DSKJLSW7X2PROD 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
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
16:02 May 15, 2020
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
The FAA estimates that this AD
affects 21 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
The FAA has determined that revising
the maintenance or inspection program
takes an average of 90 work-hours per
operator, although the FAA recognizes
that this number may vary from operator
to operator. In the past, the FAA has
estimated that this action takes 1 workhour per airplane. Since operators
incorporate maintenance or inspection
program changes for their affected
fleet(s), the FAA has determined that a
per-operator estimate is more accurate
than a per-airplane estimate. Therefore,
the FAA estimates the total cost per
operator to be $7,650 (90 work-hours ×
$85 per work-hour).
VerDate Sep<11>2014
develop on products identified in this
rulemaking action.
Jkt 250001
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):
■
2020–09–13 328 Support Services GmbH
(Type Certificate previously held by
AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt
GmbH): Amendment 39–19909; Docket
No. FAA–2020–0090; Product Identifier
2019–NM–196–AD.
(a) Effective Date
This AD is effective June 22, 2020.
held by AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH)
Model 328–300 airplanes, certificated in any
category.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address the potential failure of
parts, which could lead to reduced control of
the airplane; and to address the potential of
ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors,
could result in fuel tank explosions and
consequent loss 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 2019–0271, dated
October 30, 2019 (‘‘EASA AD 2019–0271’’).
(h) Exceptions to EASA AD 2019–0271
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2019–
0271 do not apply to this AD.
(2) Where paragraph (3) of EASA AD 2019–
0271 specifies a compliance time of ‘‘Within
12 months’’ after its effective date to ‘‘revise
the approved AMP,’’ this AD requires
‘‘revising the existing maintenance or
inspection program, as applicable,’’ to
incorporate the ‘‘limitations, tasks and
associated thresholds and intervals,’’
specified in paragraph (3) of EASA AD 2019–
0271 within 90 days after the effective date
of this AD.
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2019–0271 is at the applicable
‘‘associated thresholds’’ specified in
paragraph (3) of EASA AD 2019–0271, or
within 90 days after the effective date of this
AD, whichever occurs later.
(4) The provisions specified in paragraphs
(4) and (5) of EASA AD 2019–0271 do not
apply to this AD.
(5) The ‘‘Remarks’’ section of EASA AD
2019–0271 does not apply to this AD.
(b) Affected ADs
This AD affects the ADs identified in
paragraphs (b)(1) and (2) of this AD:
(1) AD 2009–01–06 R1, Amendment 39–
16082 (74 FR 57411, November 6, 2009) (‘‘AD
2009–01–06 R1’’).
(2) AD 2012–01–08, Amendment 39–16920
(77 FR 3583, January 25, 2012) (‘‘AD 2012–
01–08’’).
(i) Provisions for Alternative Actions,
Intervals, and Critical Design Configuration
Control Limitation (CDCCLs)
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections),
intervals, and CDCCLs are allowed except as
specified in the provisions of the ‘‘Ref.
Publications’’ section of EASA AD 2019–
0271.
(c) Applicability
This AD applies to all 328 Support
Services GmbH (Type Certificate previously
(j) Terminating Action for Other ADs
(1) Accomplishing the maintenance or
inspection program revision required by
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Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Rules and Regulations
paragraph (g) of this AD terminates all
requirements of AD 2009–01–06 R1.
(2) Accomplishing the maintenance or
inspection program revision required by
paragraph (g) of this AD terminates all
requirements of AD 2012–01–08 for Model
328–300 airplanes only.
(k) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation 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 Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (l) of this AD.
Information may be emailed to: 9-ANM-116AMOC-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, Large Aircraft Section,
International Validation Branch, FAA; or
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.
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(l) Related Information
For more information about this AD,
contact Todd Thompson, Aerospace
Engineer, Large Aircraft Section,
International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198;
phone and fax: 206–231–3228; email:
todd.thompson@faa.gov.
(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 2019–0271, dated October 30,
2019.
(ii) [Reserved]
(3) For information about EASA AD 2019–
0271, 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.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety 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
VerDate Sep<11>2014
17:15 May 15, 2020
Jkt 250001
in the AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2020–0090.
(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 on May 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–10631 Filed 5–15–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 95
[Docket No. 31309; Amdt. No. 552]
IFR Altitudes; Miscellaneous
Amendments
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This amendment adopts
miscellaneous amendments to the
required IFR (instrument flight rules)
altitudes and changeover points for
certain Federal airways, jet routes, or
direct routes for which a minimum or
maximum en route authorized IFR
altitude is prescribed. This regulatory
action is needed because of changes
occurring in the National Airspace
System. These changes are designed to
provide for the safe and efficient use of
the navigable airspace under instrument
conditions in the affected areas.
DATES: Effective date: 0901 UTC, May
21, 2020.
FOR FURTHER INFORMATION CONTACT:
Harry Hodges, Flight Procedure
Standards Branch (AMCAFS–420),
Flight Technologies and Programs
Division, Flight Standards Service,
Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500
South MacArthur Blvd., Oklahoma City,
OK 73169 (Mail Address: P.O. Box
25082, Oklahoma City, OK. 73125)
telephone: (405) 954–4164.
SUPPLEMENTARY INFORMATION: This
amendment to part 95 of the Federal
Aviation Regulations (14 CFR part 95)
amends, suspends, or revokes IFR
altitudes governing the operation of all
aircraft in flight over a specified route
or any portion of that route, as well as
the changeover points (COPs) for
Federal airways, jet routes, or direct
routes as prescribed in part 95.
SUMMARY:
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29603
The Rule
The specified IFR altitudes, when
used in conjunction with the prescribed
changeover points for those routes,
ensure navigation aid coverage that is
adequate for safe flight operations and
free of frequency interference. The
reasons and circumstances that create
the need for this amendment involve
matters of flight safety and operational
efficiency in the National Airspace
System, are related to published
aeronautical charts that are essential to
the user, and provide for the safe and
efficient use of the navigable airspace.
In addition, those various reasons or
circumstances require making this
amendment effective before the next
scheduled charting and publication date
of the flight information to assure its
timely availability to the user. The
effective date of this amendment reflects
those considerations. In view of the
close and immediate relationship
between these regulatory changes and
safety in air commerce, I find that notice
and public procedure before adopting
this amendment are impracticable and
contrary to the public interest and that
good cause exists for making the
amendment effective in less than 30
days.
Conclusion
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore—(1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. For the same
reason, the FAA certifies that this
amendment will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 95
Airspace, Navigation (air).
Issued in Washington, DC on April 17,
2020.
Robert C. Carty,
Executive Deputy Director, Flight Standards
Service.
Adoption of the Amendment
Accordingly, pursuant to the
authority delegated to me by the
Administrator, part 95 of the Federal
Aviation Regulations (14 CFR part 95) is
E:\FR\FM\18MYR1.SGM
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Agencies
[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Rules and Regulations]
[Pages 29601-29603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10631]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0090; Product Identifier 2019-NM-196-AD; Amendment
39-19909; AD 2020-09-13]
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 328-300 airplanes. This AD was prompted
by a determination that new or more restrictive airworthiness
limitations are necessary. This AD requires revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, 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 June 22, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 22,
2020.
ADDRESSES: For 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, Airworthiness Products Section, Operational Safety 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-2020-0090.
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-2020-
0090; 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, 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,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3228;
email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0271, dated October 30, 2019
(``EASA AD 2019-0271'') (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for all 328 Support Services GmbH Model 328-300
airplanes.
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 328-300 airplanes. The NPRM published in the
Federal Register on February 12, 2020 (85 FR 7897). The NPRM was
prompted by a determination that new or more restrictive airworthiness
limitations are necessary. The NPRM proposed to require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations, as
specified in an EASA AD.
The FAA is issuing this AD to address the potential failure of
parts, which could lead to reduced control of the airplane; and to
address the potential of ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss 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 FAA 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
[[Page 29602]]
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 2019-0271 describes procedures for airworthiness
limitations for certification maintenance requirements that include,
among other items, safe life limits and fuel tank system limitations.
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 21 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
FAA recognizes that this number may vary from operator to operator. In
the past, the FAA has estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), the FAA has determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, the FAA estimates the total cost per operator to be $7,650
(90 work-hours x $85 per work-hour).
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.
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):
2020-09-13 328 Support Services GmbH (Type Certificate previously
held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier
Luftfahrt GmbH): Amendment 39-19909; Docket No. FAA-2020-0090;
Product Identifier 2019-NM-196-AD.
(a) Effective Date
This AD is effective June 22, 2020.
(b) Affected ADs
This AD affects the ADs identified in paragraphs (b)(1) and (2)
of this AD:
(1) AD 2009-01-06 R1, Amendment 39-16082 (74 FR 57411, November
6, 2009) (``AD 2009-01-06 R1'').
(2) AD 2012-01-08, Amendment 39-16920 (77 FR 3583, January 25,
2012) (``AD 2012-01-08'').
(c) Applicability
This AD applies to all 328 Support Services GmbH (Type
Certificate previously held by AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-300 airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address the potential failure of parts, which
could lead to reduced control of the airplane; and to address the
potential of ignition sources inside fuel tanks, which, in
combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss 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
2019-0271, dated October 30, 2019 (``EASA AD 2019-0271'').
(h) Exceptions to EASA AD 2019-0271
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2019-0271 do not apply to this AD.
(2) Where paragraph (3) of EASA AD 2019-0271 specifies a
compliance time of ``Within 12 months'' after its effective date to
``revise the approved AMP,'' this AD requires ``revising the
existing maintenance or inspection program, as applicable,'' to
incorporate the ``limitations, tasks and associated thresholds and
intervals,'' specified in paragraph (3) of EASA AD 2019-0271 within
90 days after the effective date of this AD.
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2019-0271 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2019-0271, or
within 90 days after the effective date of this AD, whichever occurs
later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2019-0271 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2019-0271 does not apply
to this AD.
(i) Provisions for Alternative Actions, Intervals, and Critical Design
Configuration Control Limitation (CDCCLs)
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
except as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2019-0271.
(j) Terminating Action for Other ADs
(1) Accomplishing the maintenance or inspection program revision
required by
[[Page 29603]]
paragraph (g) of this AD terminates all requirements of AD 2009-01-
06 R1.
(2) Accomplishing the maintenance or inspection program revision
required by paragraph (g) of this AD terminates all requirements of
AD 2012-01-08 for Model 328-300 airplanes only.
(k) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation
Branch, 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, Large Aircraft
Section, International Validation Branch, FAA; or 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.
(l) Related Information
For more information about this AD, contact Todd Thompson,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and
fax: 206-231-3228; email: [email protected].
(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 2019-0271,
dated October 30, 2019.
(ii) [Reserved]
(3) For information about EASA AD 2019-0271, 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.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety 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-2020-0090.
(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 on May 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-10631 Filed 5-15-20; 8:45 am]
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