[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Rules and Regulations]
[Pages 30752-30755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11468]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0544; Directorate Identifier 2008-NM-099-AD; 
Amendment 39-15535; AD 2008-10-51]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 and -300 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2008-10-51 that was sent 
previously to all known U.S. owners and operators of all Dornier Model 
328-100 and -300 airplanes by individual notices. This AD requires 
detailed visual and eddy current inspections of both the left-hand and 
right-hand lower wing panel of the rear trailing edge (inboard and 
outboard of flap lever arm 1 (rib 3 and rib 5)) for cracks, and repair 
if necessary. This AD is prompted by cracks found in the lower wing 
panel of the rear trailing edge (inboard and outboard of flap lever arm 
1 (rib 5)) during a routine inspection on a Model 328-100 airplane. 
Subsequent inspection of the other Model 328-100 airplanes in the same 
fleet revealed several more airplanes with cracks at the same location. 
We are issuing this AD to prevent structural failure of the affected 
wing panel, possible separation of the wing from the airplane, and 
consequent loss of control of the airplane.

DATES: This AD becomes effective June 3, 2008 to all persons except 
those persons to whom it was made immediately effective by emergency AD 
2008-10-51, issued May 8, 2008, which contained the requirements of 
this amendment.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of June 
3, 2008.
    We must receive comments on this AD by July 28, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact 328 Support 
Services GmbH, P.O. Box 1252, D-82231 Wessling, Federal Republic of 
Germany.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Borfitz, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2677; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: On May 8, 2008, we issued emergency AD 2008-
10-51, which applies to all Dornier Model 328-100 and -300 airplanes.

Background

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, notified the FAA 
that an unsafe condition may exist on all Dornier Model 328-100 and -
300 airplanes. The EASA advises that, during a routine inspection, 
cracks were found in the lower wing panel of the

[[Page 30753]]

rear trailing edge (inboard and outboard of flap lever arm 1 (rib 5)) 
on a Model 328-100 airplane. Subsequent inspection of the other Model 
328-100 airplanes in the same fleet revealed several more airplanes 
with cracks at the same location. The cause of the cracking is unknown. 
This condition, if not corrected, could result in structural failure of 
the affected wing panel, possible separation of the wing from the 
airplane, and consequent loss of control of the airplane.

Relevant Service Information

    328 Support Services GmbH has issued Dornier Alert Service 
Bulletins ASB-328J-57-015 (for Model 328-300 airplanes), and ASB-328-
57-037 (for Model 328-100 airplanes), both Revision 1, both dated May 
8, 2008. The service bulletins describe procedures for detailed visual 
and eddy current inspections of both the left-hand (LH) and right-hand 
(RH) lower wing panel of the rear trailing edge (inboard and outboard 
of flap lever arm 1 (rib 3 and rib 5)) for cracks. The EASA mandated 
the service bulletins and issued EASA emergency airworthiness directive 
2008-0087-E, dated May 8, 2008, to ensure the continued airworthiness 
of these airplanes in Europe.

FAA's Determination and Requirements of This AD

    These airplane models are manufactured in Europe and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the EASA has kept the FAA informed 
of the situation described above. We have examined the EASA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design, we issued emergency AD 
2008-10-51 to prevent structural failure of the affected wing panel, 
possible separation of the wing from the airplane, and consequent loss 
of control of the airplane. The AD requires accomplishing the actions 
specified in the service information previously described, except as 
described in ``Differences Between This AD and Service Information.'' 
This AD also requires you to report the inspection results to 328 
Support Services GmbH.
    We found that immediate corrective action was required; therefore, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on May 8, 2008, to all known U.S. owners and operators of all 
Dornier Model 328-100 and -300 airplanes. These conditions still exist, 
and the AD is hereby published in the Federal Register as an amendment 
to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to 
make it effective to all persons.

Differences Between This AD and Service Information

    The service bulletins specify to contact the manufacturer for 
instructions on how to repair cracks, but this AD requires repairing 
the cracks using a method approved by the FAA or the EASA (or its 
delegated agent). In light of the type of repair that is required to 
address the unsafe condition, and consistent with existing bilateral 
airworthiness agreements, we have determined that, for this AD, a 
repair approved by the FAA or the EASA (or its delegated agent) is 
acceptable for compliance with this AD.
    Unlike the procedures described in the service bulletins that 
specify a one-time eddy current inspection, this AD requires the eddy 
current inspection to be repeated at intervals not to exceed 400 flight 
hours. Doing the eddy current inspections terminates the detailed 
visual inspections required by this AD. We have determined that, 
because of the safety implications and consequences associated with the 
cracking, the eddy current inspection of the affected area must be 
repeated. This difference has been coordinated with the EASA.

Interim Action

    This AD requires that operators report the results of the 
inspections to 328 Support Services GmbH. Because the cause of the 
cracking is not known, these required inspection reports will help 
determine the extent of the cracking in the affected fleet. Based on 
the results of these reports, we may determine that further corrective 
action is warranted.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2008-0544; Directorate Identifier 2008-NM-099-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about 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.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that 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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If this 
emergency regulation is later deemed significant under DOT Regulatory 
Policies and Procedures, we will prepare a final regulatory evaluation

[[Page 30754]]

and place it in the AD Docket. See the ADDRESSES section for a location 
to examine the regulatory evaluation, if filed.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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):

2008-10-51 328 Support Services GmbH (Formerly Avcraft Aerospace 
GmbH): Amendment 39-15535. Docket No. FAA-2008-0544; Directorate 
Identifier 2008-NM-099-AD.

Effective Date

    (a) This AD becomes effective June 3, 2008, to all persons 
except those persons to whom it was made immediately effective by 
emergency AD 2008-10-51, issued on May 8, 2008, which contained the 
requirements of this amendment.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies all Dornier Model 328-100 and -300 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from a report indicating that, during a 
routine inspection, cracks were found in the lower wing panel of the 
rear trailing edge (inboard and outboard of flap lever arm 1 (rib 
5)) on a Model 328-100 airplane. Subsequent inspection of the other 
Model 328-100 airplanes in the same fleet revealed several more 
airplanes with cracks at the same location. We are issuing this AD 
to prevent structural failure of the affected wing panel, possible 
separation of the wing from the airplane, and consequent loss of 
control of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Repetitive Detailed Visual Inspections for Cracks

    (f) Within 10 flight cycles, or 10 flight hours, or 7 days, 
whichever occurs first, after the effective date of this AD: 
Accomplish a detailed visual inspection of both the left-hand (LH) 
and right-hand (RH) lower wing panel inboard and outboard of flap 
lever arm 1 (rib 5) for cracks, in accordance with the 
Accomplishment Instructions of Dornier Alert Service Bulletin ASB-
328J-57-015, or ASB-328-57-037, both Revision 1, both dated May 8, 
2008, as applicable. If no crack is detected, repeat the detailed 
visual inspection thereafter at intervals not to exceed 50 flight 
hours until the eddy current inspection required by paragraph (g) of 
this AD is accomplished. If any crack is detected, before further 
flight, do an eddy current inspection in accordance with paragraph 
(g) of this AD.

Repetitive Eddy Current Inspections for Cracks

    (g) Within 400 flight hours or 3 months after the effective date 
of this AD, whichever occurs first: Accomplish an eddy current 
inspection of both the LH and RH lower wing panel in the vicinity of 
rib 3 and inboard and outboard of flap lever arm 1 (rib 5) for 
cracks, in accordance with the Accomplishment Instructions of 
Dornier Alert Service Bulletin ASB-328J-57-015, or ASB-328-57-037, 
both Revision 1, both dated May 8, 2008, as applicable. Repeat the 
eddy current inspection thereafter at intervals not to exceed 400 
flight hours. Accomplishment of the eddy current inspection 
terminates the detailed visual inspection required by paragraph (f) 
of this AD.

Repair

    (h) If any crack is detected during any inspection required by 
this AD: Before further flight, repair the crack using a method 
approved by either the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; or the European Aviation Safety 
Agency (or its delegated agent).

Credit for Previously Accomplished Actions

    (i) Accomplishment of the actions required by paragraph (f) or 
(g) of this AD before the effective date of this AD in accordance 
with Dornier Alert Service Bulletin ASB-328J-57-015 or ASB-328-57-
037, both dated May 5, 2008, as applicable, is considered acceptable 
for compliance with the corresponding initial inspection 
requirements specified in paragraph (f) or (g) of this AD.

Report

    (j) At the applicable time specified in paragraph (j)(1) or 
(j)(2) of this AD: Send 328 Support Services GmbH a report of 
findings (both positive and negative) found during each inspection 
required by paragraphs (f) and (g) of this AD. The report must 
include the inspection results, a description of any cracks found, 
the airplane serial number, and the number of landings and flight 
hours on the airplane. Send the report to 328 Support Services GmbH, 
Global Support Center, P.O. Box 1252, D-82231 Wessling, Federal 
Republic of Germany; Telephone +49 8153 88111 6666; fax 49 8153 
88111 6565; E-mail: [email protected]. Under the provisions of 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of 
Management and Budget (OMB) has approved the information collection 
requirements contained in this AD and has assigned OMB Control 
Number 2120-0056.
    (1) For any inspection done after the effective date of this AD: 
Within 3 days after the inspection.
    (2) For any inspection done before the effective date of this 
AD: Within 3 days after the effective date of this AD.

Special Flight Permits

    (k) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be done if the following conditions 
are met:
    (1) The initial inspection required by paragraph (f) of this AD 
must be accomplished.
    (2) If a crack indication exceeds 12.5 mm (0.49 inch), the 
Manager, International Branch, ANM-116, concurs with issuance of the 
special flight permits.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Related Information

    (m) European Aviation Safety Agency emergency airworthiness 
directive 2008-0087-E, dated May 8, 2008, also addresses the subject 
of this AD.

Material Incorporated by Reference

    (n) You must use Dornier Alert Service Bulletin ASB-328J-57-015, 
Revision 1, dated May 8, 2008; or Dornier Alert Service Bulletin 
ASB-328-57-037, Revision 1, dated May 8, 2008; as applicable; to 
perform the actions that are required by this AD, unless the AD 
specifies otherwise. (Only the odd-numbered pages of the documents 
contain the document revision level and issue date; the even-
numbered pages do not contain this information.) The Director of the 
Federal Register approved the incorporation by reference of these 
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To 
get copies of the service information, contact 328 Support Services 
GmbH, P.O. Box 1252, D-82231 Wessling, Germany. You may review 
copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 30755]]


    Issued in Renton, Washington, on May 14, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-11468 Filed 5-28-08; 8:45 am]
BILLING CODE 4910-13-P