[Federal Register Volume 74, Number 109 (Tuesday, June 9, 2009)]
[Proposed Rules]
[Pages 27257-27260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13495]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0522; Directorate Identifier 2008-NM-127-AD]
RIN 2120-AA64


Airworthiness Directives; 328 Support Services GmbH Dornier Model 
328-100 and -300 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 that would supersede an existing AD. 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:

    * * * A number of * * * rudder spring tab lever assemblies [of 
the rudder] were found cracked.
    This condition, if not corrected, could lead to failure of the 
rudder flight control system and consequent loss of control of the 
aircraft. * * *
* * * * *

    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 July 9, 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 W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed 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. You may review copies of the referenced 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.

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 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-2009-0522; 
Directorate Identifier 2008-NM-127-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

    On April 26, 2004, we issued AD 2004-09-16, Amendment 39-13605 (69 
FR 24953, May 5, 2004). (A correction of that AD was published in the 
Federal Register on May 12, 2004 (69 FR 26434)). That AD required 
actions intended to address an unsafe condition on the products listed 
above.
    Since we issued AD 2004-09-16, we have determined that it is 
necessary to reduce the repetitive interval and require the replacement 
of certain rudder spring tab lever assemblies.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2008-0107, dated June 23, 2008 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    On 14 March 2002, an incident occurred with a Dornier 328-100 
where the captain reported that the rudder was unresponsive. The 
aircraft landed without any further difficulties. A visual 
inspection of the rudder assembly was carried out and the spring tab 
assembly was found to be cracked and partially missing. During 
subsequent inspections of other aircraft, a number of additional 
rudder spring tab lever assemblies were found cracked.
    This condition, if not corrected, could lead to failure of the 
rudder flight control system

[[Page 27258]]

and consequent loss of control of the aircraft. To address and 
correct this unsafe condition, LBA (Luftfahrt-Bundesamt) issued AD 
2003-383 and 2003-384 [which correspond to FAA AD 2004-09-16] for 
the Dornier 328-100 and 328-300 respectively, to require the initial 
and repetitive inspection of the rudder spring tab lever assembly 
and, in case cracks were found, the replacement of the rudder spring 
tab lever assembly with a serviceable unit.
    The current TC (type certificate) holder of this type design, 
328 Support Services GmbH, has recently published Alert Service 
Bulletin ASB-328-27-036, Revision 2, which reduces the inspection 
interval to A-check [400 FH] (400 flight hours). In addition, 
Service Bulletin SB-328-27-459 was revised to change the compliance 
status from `optional' to `mandatory' and instructs operators to 
replace the rudder spring tab lever assembly with an improved unit 
P/N (part number) 001A272A4020-004, ending the need for the 
repetitive inspections.
    For the reasons described above, this EASA AD retains the 
repetitive inspection requirements of LBA AD 2003-383, which is 
superseded, expands the applicability to all serial numbers, reduces 
the inspection interval to 400 [flight hours], and requires the 
replacement of the rudder spring tab lever assembly with an improved 
unit P/N 001A272A4020-004, as specified in SB-328-27-459.

    The material used for the rudder spring tab lever assemblies on 
Model 328-100 airplanes differs from the material used for the rudder 
spring tab lever assemblies on Model 328-300 airplanes. Therefore, 
Model 328-300 airplanes are not affected by the new requirements in 
this NPRM. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    328 Support Services GmbH has issued Dornier 328 Service Bulletin 
SB-328-27-459, Revision 2, dated February 8, 2008; and Dornier 328 
Alert Service Bulletin ASB-328-27-036, Revision 3, dated February 8, 
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 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 112 products of U.S. registry.
    The actions that are required by AD 2004-09-16 and retained in this 
proposed AD affect 112 products of U.S. registry and take 1 work-hour 
per product, at an average labor rate of $80 per work-hour. Based on 
these figures, the estimated cost of the currently required actions is 
$8,960, or $80 per product, per inspection cycle.
    We estimate that it would take about 3 work-hours per product to 
comply with the new basic requirements of this proposed AD and it would 
affect 16 products of U.S. registry. The average labor rate is $80 per 
work-hour. Required parts would cost about $12,861 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 $209,616, or $13,101 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, Incorporation by 
reference, 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-13605 (69 FR 
24953, May 5, 2004), corrected at 69 FR 26434, May 12, 2004, and adding 
the following new AD:

328 Support Services GmbH (Formerly, AvCraft Aerospace GmbH, 
formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt GmbH): 
Docket No. FAA-2009-0522; Directorate Identifier 2008-NM-127-AD.


[[Page 27259]]



Comments Due Date

    (a) We must receive comments by July 9, 2009.

Affected ADs

    (b) The proposed AD supersedes AD 2004-09-16, Amendment 39-
13605.

Applicability

    (c) This AD applies to 328 Support Services GmbH Dornier Model 
328-100 airplanes on which a rudder spring tab lever assembly having 
part number 001A272A4020-002 is installed, and all Model 328-300 
airplanes.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    On 14 March 2002, an incident occurred with a Dornier 328-100 
where the captain reported that the rudder was unresponsive. The 
aircraft landed without any further difficulties. A visual 
inspection of the rudder assembly was carried out and the spring tab 
assembly was found to be cracked and partially missing. During 
subsequent inspections of other aircraft, a number of additional 
rudder spring tab lever assemblies were found cracked.
    This condition, if not corrected, could lead to failure of the 
rudder flight control system and consequent loss of control of the 
aircraft. To address and correct this unsafe condition, LBA 
(Luftfahrt-Bundesamt) issued AD 2003-383 and 2003-384 [which 
correspond to FAA AD 2004-09-16] for the Dornier 328-100 and 328-300 
respectively, to require the initial and repetitive inspection of 
the rudder spring tab lever assembly and, in case cracks were found, 
the replacement of the rudder spring tab lever assembly with a 
serviceable unit.
    The current TC (type certificate) holder of this type design, 
328 Support Services GmbH, has recently published Alert Service 
Bulletin ASB-328-27-036, Revision 2, which reduces the inspection 
interval to A-check [400 FH] (400 flight hours). In addition, 
Service Bulletin SB-328-27-459 was revised to change the compliance 
status from `optional' to `mandatory' and instructs operators to 
replace the rudder spring tab lever assembly with an improved unit 
P/N (part number) 001A272A4020-004, ending the need for the 
repetitive inspections.
    For the reasons described above, this EASA AD retains the 
repetitive inspection requirements of LBA AD 2003-383, which is 
superseded, expands the applicability to all serial numbers, reduces 
the inspection interval to 400 [flight hours], and requires the 
replacement of the rudder spring tab lever assembly with an improved 
unit P/N 001A272A4020-004, as specified in SB-328-27-459.

Compliance

    (f) Required as indicated, unless accomplished previously.

Restatement of Requirements of AD 2004-09-16, Including Repetitive 
Inspections With Reduced Intervals for Model 328-100 Airplanes

    (g) For all airplanes: Within 400 flight hours or 2 months after 
June 9, 2004 (the effective date of AD 2004-09-16), whichever is 
first; do detailed and eddy current inspections for cracking of the 
bearing lugs of the rudder spring tab lever assembly by doing all 
the actions per Paragraphs 2.A., 2.B., and 2.D. of the 
Accomplishment Instructions of Dornier Alert Service Bulletin ASB-
328-27-036 (for Model 328-100 airplanes), dated February 12, 2003, 
or Revision 3, dated February 8, 2008; or Dornier Alert Service 
Bulletin ASB-328J-27-013 (for Model 328-300 airplanes), dated 
February 12, 2003; as applicable.

    Note 1:  For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (1) For Model 328-100 airplanes: If no cracking is found during 
any inspection required by paragraph (g) of this AD, do the next 
inspection within 400 flight hours after doing the last inspection, 
or within 400 flight hours after the effective date of this AD, 
whichever occurs later; and repeat the inspection thereafter at 
intervals not to exceed 400 flight hours. Repeat the inspections 
until the replacement required by paragraph (k) of this AD has been 
done.
    (2) For Model 328-300 airplanes: If no cracking is found during 
any inspection required by paragraph (g) of this AD, repeat the 
inspections thereafter at intervals not to exceed 24 months.

Corrective Action

    (h) For all airplanes: If any cracking is found during any 
inspection required by paragraph (g) of this AD, do the applicable 
actions specified in paragraph (h)(1) or (h)(2) of this AD.
    (1) For Model 328-100 airplanes: Before further flight, do the 
replacement required by paragraph (k) of this AD, or replace the 
spring tab lever assembly with a new assembly by doing all the 
actions per Paragraph 2.C. of the Accomplishment Instructions of 
Dornier Alert Service Bulletin ASB-328-27-036, dated February 12, 
2003, or Revision 3, dated February 8, 2008.
    (2) For Model 328-300 airplanes: Before further flight, replace 
the spring tab lever assembly with a new assembly by doing all the 
actions per Paragraph 2.C. of the Accomplishment Instructions of 
Dornier Alert Service Bulletin ASB-328J-27-013, dated February 12, 
2003. Repeat the inspections required by paragraph (g) of this AD 
thereafter at intervals not to exceed 24 months.

    Note 2:  For Model 328-300 airplanes: There is no terminating 
action available for the repetitive inspections required by this AD.

    (i) Dornier Alert Service Bulletins ASB-328-27-036, dated 
February 12, 2003, and Revision 3, dated February 8, 2008; and ASB-
328J-27-013, dated February 12, 2003; recommend reporting crack 
findings and returning damaged lever assemblies to the manufacturer, 
but this AD does not contain such requirements.

New Requirements of This AD: Actions and Compliance

    (j) For Model 328-100 airplanes: As of the effective date of 
this AD, Dornier Alert Service Bulletin ASB-328-27-036, Revision 3, 
dated February 8, 2008, must be used for accomplishing the 
inspections and corrective actions required by paragraphs (g) and 
(h) of this AD.
    (k) For Model 328-100 airplanes: Within 6 months after the 
effective date of this AD, replace any rudder spring tab lever 
assembly having P/N 001A272A4020-002 with an improved unit having P/
N 001A272A4020-004, in accordance with the Accomplishment 
Instructions of Dornier 328 Service Bulletin SB-328-27-459, Revision 
2, dated February 8, 2008. Accomplishment of the replacement 
required by this paragraph terminates the repetitive inspections 
required by paragraph (g)(1) of this AD.
    (l) Actions done before the effective date of this AD in 
accordance with Dornier 328 Service Bulletin SB-328-27-459, dated 
May 3, 2004; or Revision 1, dated January 24, 2008, are acceptable 
for compliance with the corresponding requirements of this AD for 
Model 328-100 airplanes. Actions done before the effective date of 
this AD in accordance with Dornier Alert Service Bulletin ASB-328-
27-036, Revision 1, dated May 7, 2004; or Revision 2, dated January 
24, 2008; are acceptable for compliance with the corresponding 
requirements of this AD for Model 328-300 airplanes.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (m) 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 principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards District Office.
    (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.

[[Page 27260]]

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

    (n) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2008-0107, dated June 23, 2008; German Airworthiness 
Directive 2003-384, dated November 13, 2003; Dornier 328 Alert 
Service Bulletin ASB-328-27-036, Revision 3, dated February 8, 2008; 
and Dornier 328 Service Bulletin SB-328-27-459, Revision 2, dated 
February 8, 2008; for related information.

    Issued in Renton, Washington, on June 2, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-13495 Filed 6-8-09; 8:45 am]
BILLING CODE 4910-13-P