[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Rules and Regulations]
[Pages 21544-21547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10655]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0419; Directorate Identifier 2009-NM-050-AD; 
Amendment 39-15898; AD 2009-10-03]
RIN 2120-AA64


Airworthiness Directives; 328 Support Services GmbH Dornier Model 
328-100 and -300 Airplanes

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

ACTION: Final rule; request for comments.

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

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 a recent Aileron Dual Load Path and Linkage Inspection, 
which is a certification maintenance requirement (CMR) task, the 
installed control rods were found to be corroded. The affected rod 
assemblies

[[Page 21545]]

were removed for investigation and it was found that the Tab Side 
Fitting was cracked.
    Subsequently, similar cracks were found on another aeroplane in 
a supporting lever of the Control Rod attachment fitting of the Trim 
Tab. Those cracks were found during the applicable CMR inspection.
    This condition, if not corrected, could lead to structural 
failure of the dual load path attachment arrangement of the affected 
trim and spring tabs, possibly resulting in a flutter problem that 
could lead to loss of control of the aeroplane.
* * * * *

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective May 26, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 26, 2009.
    We must receive comments on this AD by June 8, 2009.

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 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: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1503; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

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 2009-0044, dated February 27, 2009 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During a recent Aileron Dual Load Path and Linkage Inspection, 
which is a certification maintenance requirement (CMR) task, the 
installed control rods were found to be corroded. The affected rod 
assemblies were removed for investigation and it was found that the 
Tab Side Fitting was cracked.
    Subsequently, similar cracks were found on another aeroplane in 
a supporting lever of the Control Rod attachment fitting of the Trim 
Tab. Those cracks were found during the applicable CMR inspection.
    This condition, if not corrected, could lead to structural 
failure of the dual load path attachment arrangement of the affected 
trim and spring tabs, possibly resulting in a flutter problem that 
could lead to loss of control of the aeroplane.
    For the reasons described above, this [EASA] AD requires a one-
time inspection of all flight controls trim and spring tab 
assemblies and their surrounding area, the replacement of any parts 
that are found to be cracked and the reporting of all findings to 
the TC [type certificate] holder. This AD is considered to be an 
interim action and the current [CMR] inspection interval for the 
affected parts may be reduced.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    328 Support Services has issued Service Bulletins SB-328-27-483 and 
SB-328J-27-233, both including Compliance Report, both dated December 
30, 2008. 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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
structural failure of the control rod attachment fittings could lead to 
control surface flutter, and consequent loss of control of the 
airplane. Therefore, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and that good 
cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-0419; Directorate 
Identifier 2009-NM-050-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,

[[Page 21546]]

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;
    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.

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:

2009-10-03 328 Support Services GmbH (Formerly, AvCraft Aerospace 
GmbH, formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt 
GmbH): Amendment 39-15898. Docket No. FAA-2009-0419; Directorate 
Identifier 2009-NM-050-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 26, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 328 Support Services GmbH Dornier Model 
328-100 and -300 airplanes, certificated in any category, all serial 
numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    During a recent Aileron Dual Load Path and Linkage Inspection, 
which is a certification maintenance requirement (CMR) task, the 
installed control rods were found to be corroded. The affected rod 
assemblies were removed for investigation and it was found that the 
Tab Side Fitting was cracked.
    Subsequently, similar cracks were found on another aeroplane in 
a supporting lever of the Control Rod attachment fitting of the Trim 
Tab. Those cracks were found during the applicable CMR inspection.
    This condition, if not corrected, could lead to structural 
failure of the dual load path attachment arrangement of the affected 
trim and spring tabs, possibly resulting in a flutter problem that 
could lead to loss of control of the aeroplane.
    For the reasons described above, this [European Aviation Safety 
Agency (EASA)] AD requires a one-time inspection of all flight 
controls trim- and spring tab assemblies and their surrounding area, 
the replacement of any parts that are found to be cracked and the 
reporting of all findings to the TC [type certificate] holder. This 
AD is considered to be an interim action and the current [CMR] 
inspection interval for the affected parts may be reduced.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 3 months after the effective date of this AD: Do a 
detailed visual inspection of all flight controls trim and spring 
tab assemblies and their surrounding area, in accordance with the 
Accomplishment Instructions of 328 Support Services Service Bulletin 
SB-328-27-483 or 328 Support Services Service Bulletin SB-328J-27-
233, both dated December 30, 2008, as applicable.
    (2) If any crack is detected during any inspection required by 
this AD: Before further flight, replace the cracked fitting with a 
new fitting in accordance with the Accomplishment Instructions of 
328 Support Services Service Bulletin SB-328-27-483 or 328 Support 
Services Service Bulletin SB-328J-27-233, both dated December 30, 
2008, as applicable.
    (3) At the applicable time specified in paragraph (f)(3)(i) or 
(f)(3)(ii) of this AD: Using the Compliance Report attached to 328 
Support Services SB-328-27-483 or 328 Support Services Service 
Bulletin SB-328J-27-233, both dated December 30, 2008, as 
applicable, send 328 Support Services GmbH a report of findings 
(both positive and negative) found during the inspection required by 
paragraph (f)(1) 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: Attention: Dept. P1, 328 Support Services, 
Customer Services, 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].
    (i) For any inspection done on or after the effective date of 
this AD: Within 30 days after the inspection.
    (ii) For any inspection done before the effective date of this 
AD: Within 30 days after the effective date of this AD.

FAA AD Differences

    Note 1: 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, Transport Airplane Directorate, 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: Tom 
Groves, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; telephone (425) 227-1503; fax (425) 227-1149. Before 
using any approved AMOC on any airplane to which the AMOC applies, 
notify your principal maintenance inspector (PMI) or principal 
avionics inspector (PAI), as appropriate, or lacking a principal 
inspector, your local Flight Standards District Office. The AMOC 
approval letter must specifically reference this AD.
    (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 EASA Airworthiness Directive 2009-0044, dated 
February 27, 2009; and 328 Support Services Service Bulletins SB-
328-27-483 and SB-328J-27-233, both dated December 30, 2008; for 
related information.

[[Page 21547]]

Material Incorporated by Reference

    (i) You must use 328 Support Services Service Bulletin SB-328-
27-483, dated December 30, 2008, including Compliance Report; or 328 
Support Services Service Bulletin SB-328J-27-233, dated December 30, 
2008, including Compliance Report; as applicable; to do the actions 
required by this AD, unless the AD specifies otherwise. (Only the 
odd-numbered pages of these documents contain the issue date of the 
documents.)
    (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 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) 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.
    (4) 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 April 29, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-10655 Filed 5-7-09; 8:45 am]
BILLING CODE 4910-13-P