[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Rules and Regulations]
[Pages 12249-12252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5955]


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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; 
Amendment 39-15845; AD 2009-06-09]
RIN 2120-AA64



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

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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

[[Page 12250]]

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. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective April 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 28, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on September 30, 2008 
(73 FR 56763). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received from the commenter.

Request To Clarify Certain Language

    The commenter, Patrick Brady, has a concern about proposed language 
in the compliance section that may lead to confusion for operators. The 
commenter asks that paragraph (f)(1)(ii) of the NPRM be changed to 
clarify that the requirement for replacing the bushings is applicable 
only to bushings that were installed before issuance 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. The commenter adds that if the bushings were replaced in 
accordance with the referenced service bulletins, and bushings with 
post-service bulletin part numbers were installed, no additional 
requirement to replace the bushings should be imposed.
    We agree that further clarification is necessary; however, we do 
not agree that it is necessary to change the language specified in 
paragraph (f)(1)(ii) of this AD. If new bushings with post-service 
bulletin part numbers were installed in accordance with 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; and a records check has been done which verifies that the 
bushings were replaced with new bushings, there is no requirement in 
this AD to replace those bushings. In addition, paragraph (f) of the AD 
specifies to do the actions ``unless already done.'' We have made no 
change to the AD in this regard.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 13 products of U.S. registry. 
We also estimate that it will take about 28 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will 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 parts. 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 this AD to the 
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 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 this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;

[[Page 12251]]

    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 AD and placed it in the AD docket.

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 the NPRM, 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.

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 AD:

2009-06-09 328 Support Services GMBH (Formerly, AvCraft Aerospace 
GmbH, Formerly Fairchild Dornier GmbH, Formerly Dornier Luftfahrt 
GmbH): Amendment 39-15845. Docket No. FAA-2008-1043; Directorate 
Identifier 2008-NM-036-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
28, 2009.

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, dated 
November 7, 2005, 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.

Material Incorporated by Reference

    (i) You must use the service information contained in Table 1 of 
this AD, as applicable, to do the actions required by this AD, 
unless the AD specifies otherwise.

[[Page 12252]]



                                   Table 1--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                Document                          Revision                               Date
----------------------------------------------------------------------------------------------------------------
Dornier 328 Temporary Revision ALD-084   Original..................  November 7, 2005.
 to the Dornier 328 Airworthiness
 Limitations Document.
Dornier Service Bulletin SB-328-32-245.  2.........................  November 21, 2007.
Messier-Dowty Service Bulletin 800-32-   1.........................  July 19, 1999.
 014.
----------------------------------------------------------------------------------------------------------------

    Messier-Dowty Service Bulletin 800-32-014, Revision 1, dated 
July 19, 1999, contains the following effective pages:

----------------------------------------------------------------------------------------------------------------
                                           Revision level shown on
               Page Nos.                            page                          Date shown on page
----------------------------------------------------------------------------------------------------------------
1, 6-8, 10, 12.........................  1.........................  July 19, 1999.
2-5, 9, 11, 13, 14.....................  Original..................  January 18, 1999.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For Dornier service information identified in this AD, 
contact 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]; Internet http://www.328support.de.
    (3) For Messier-Dowty service information identified in this AD, 
contact Messier Services Americas, Customer Support Center, 45360 
Severn Way, Sterling, Virginia 20166-8910; telephone 703-450-8233; 
fax 703-404-1621; Internet https://techpubs.services.messier-dowty.com.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (5) You may also review copies of the 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, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on February 27, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-5955 Filed 3-23-09; 8:45 am]
BILLING CODE 4910-13-P