[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Proposed Rules]
[Pages 56763-56765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22907]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1043; Directorate Identifier 2008-NM-036-AD]
RIN 2120-AA64


Airworthiness Directives; 328 Support Services GmbH Dornier Model 
328-100 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    During overhaul on a Dornier 328-100 landing gear unit, parts of 
the MLG (main landing gear) main body and trailing arm bushings have 
been found corroded. Investigation showed that over time, these 
bushings can migrate, creating the risk of corrosion in adjacent 
areas. Such corrosion, if not detected, could cause damage to the 
MLG, possibly resulting in MLG functional problems or failure.
* * * * *
Functional problems or failure of the MLG could result in the inability 
of the MLG to extend or retract. The proposed AD would require actions 
that are intended to address the unsafe condition described in the 
MCAI.

DATES: We must receive comments on this proposed AD by October 30, 
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 W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations 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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington

[[Page 56764]]

98057-3356; telephone (425) 227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1043; 
Directorate Identifier 2008-NM-036-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0009, dated January 11, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During overhaul on a Dornier 328-100 landing gear unit, parts of 
the MLG (main landing gear) main body and trailing arm bushings have 
been found corroded. Investigation showed that over time, these 
bushings can migrate, creating the risk of corrosion in adjacent 
areas. Such corrosion, if not detected, could cause damage to the 
MLG, possibly resulting in MLG functional problems or failure.
    Based on these findings, the existing mandatory retrofit 
limitation (as required by Airworthiness Limitations Document under 
Section E ``Mandatory Retrofit Items'' since 16 September 1998) for 
the MLG bushings at 15,000 FC (flight cycles) has been amended with 
`` * * * or 6 calendar years time-in-service (TIS), whichever occurs 
first''.
    For the reasons described above, this [EASA] Airworthiness 
Directive requires the implementation of the revised mandatory 
retrofit limitation and modification of MLG bushings that have 
exceeded the new limit.

Functional problems or failure of the MLG could result in the inability 
of the MLG to extend or retract. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    328 Support Services GmbH has issued Dornier Service Bulletin SB-
328-32-245, Revision 2, dated November 21, 2007; and Dornier 328 
Temporary Revision (TR) ALD-084, dated November 7, 2005, to the Dornier 
328 Airworthiness Limitations Document. Messier-Dowty has issued 
Service Bulletin 800-32-014, Revision 1, dated July 19, 1999. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 13 products of U.S. registry. We also estimate that 
it would take about 28 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $10,000 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
costs. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $159,120, or $12,240 per product.

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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

[[Page 56765]]

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

328 Support Services GmbH (Formerly, AvCraft Aerospace GmbH, 
formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt GmbH): 
Docket No. FAA-2008-1043; Directorate Identifier 2008-NM-036-AD.

Comments Due Date

    (a) We must receive comments by October 30, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 328 Support Services GmbH Dornier Model 
328-100 airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    During overhaul on a Dornier 328-100 landing gear unit, parts of 
the MLG (main landing gear) main body and trailing arm bushings have 
been found corroded. Investigation showed that over time, these 
bushings can migrate, creating the risk of corrosion in adjacent 
areas. Such corrosion, if not detected, could cause damage to the 
MLG, possibly resulting in MLG functional problems or failure.
    Based on these findings, the existing mandatory retrofit 
limitation (as required by Airworthiness Limitations Document under 
Section E ``Mandatory Retrofit Items'' since 16 September 1998) for 
the MLG bushings at 15,000 FC (flight cycles) has been amended with 
``* * * or 6 calendar years time-in-service (TIS), whichever occurs 
first''.
    For the reasons described above, this [EASA] Airworthiness 
Directive requires the implementation of the revised mandatory 
retrofit limitation and modification of MLG bushings that have 
exceeded the new limit.

Functional problems or failure of the MLG could result in the 
inability of the MLG to extend or retract.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Modify the MLG main body and trailing arm bushings at the 
applicable time specified in paragraph (f)(1)(i) or (f)(1)(ii) of 
this AD, or within 12 months after the effective date of this AD, 
whichever occurs later. Do the modification in accordance with the 
instructions of Dornier Service Bulletin SB-328-32-245, Revision 2, 
dated November 21, 2007; and Messier-Dowty Service Bulletin 800-32-
014, Revision 1, dated July 19, 1999.
    (i) For airplanes on which the bushings have not been replaced 
as of the effective date of this AD: Before the MLG accumulates 
15,000 flight cycles or 6 years, whichever occurs first.
    (ii) For airplanes on which the bushings have been replaced as 
of the effective date of this AD: Before the MLG exceeds 15,000 
flight cycles or 6 years after replacement of the bushings, 
whichever occurs first.
    (2) Within 1 month after the effective date of this AD: Revise 
the Airworthiness Limitations (AWL) section of the Instructions for 
Continued Airworthiness by incorporating the information in Dornier 
328 Temporary Revision (TR) ALD-084, dated November 7, 2005, into 
Section E, ``Mandatory Retrofit Items'' of the Dornier 328 
Airworthiness Limitations Document (ALD).

    Note 1: The actions required by paragraph (f)(2) of this AD may 
be done by inserting a copy of Dornier 328 TR ALD-084 into Section E 
of the Dornier 328 ALD.

    (3) After doing the replacement required by paragraph (f)(1) of 
this AD, no person may install, on any airplane, a MLG unit as a 
replacement part, unless it has been modified in accordance with 
paragraph (f)(1) of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-2125; fax (425) 227-1149. 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.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2008-0009, dated January 11, 2008; Messier-Dowty Service 
Bulletin 800-32-014, Revision 1, dated July 19, 1999; Dornier 
Service Bulletin SB-328-32-245, Revision 2, dated November 21, 2007; 
and Dornier 328 TR ALD-084, dated November 7, 2005, to the Dornier 
328 Airworthiness Limitations Document; for related information.

    Issued in Renton, Washington, on September 20, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-22907 Filed 9-29-08; 8:45 am]
BILLING CODE 4910-13-P