[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Proposed Rules]
[Pages 61638-61641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25580]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0995; Directorate Identifier 2010-NM-243-AD]
RIN 2120-AA64


Airworthiness Directives; 328 Support Services GmbH (Type 
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild 
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 and 328-300 
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. 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:

    Based on in-service experience, the System Safety Analyses for 
the Flight Controls have been reviewed and their conclusions have 
been accepted during the latest Candidate Maintenance Coordination 
Committee meeting.
    This review resulted in reduced inspection intervals, 
specifically for the flight controls tab-to-actuator linkage 
[certification maintenance requirements] CMR** repetitive 
inspections, which have been identified as mandatory actions for 
continued airworthiness.
    Failure of these components or their constituent parts could 
lead to reduced control of the aeroplane.
* * * * *
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 November 21, 
2011.

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.
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the

[[Page 61639]]

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: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA 1601 
Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-
1137; 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-2011-0995; 
Directorate Identifier 2010-NM-243-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 2010-0054, dated March 25, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    Based on in-service experience, the System Safety Analyses for 
the Flight Controls have been reviewed and their conclusions have 
been accepted during the latest Candidate Maintenance Coordination 
Committee meeting.
    This review resulted in reduced inspection intervals, 
specifically for the flight controls tab-to-actuator linkage CMR** 
repetitive inspections, which have been identified as mandatory 
actions for continued airworthiness.
    Failure of these components or their constituent parts could 
lead to reduced control of the aeroplane.
    Consistent with the EASA policy to require compliance with any 
new and reduced airworthiness limitations by taking AD action and 
for the reasons described above, this EASA AD requires the 
accomplishment of the reduced-interval repetitive inspections and, 
depending on findings, related corrective action(s). In addition, 
this AD requires the implementation of the affected reduced 
inspection intervals and associated corrective actions into the 
operator's approved maintenance programme.

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

Relevant Service Information

    328 Support Services GmbH has issued Dornier 328 Certification 
Maintenance Requirements Document TM-CMR-010793-ALL, Revision 13, dated 
April 30, 2007; and Dornier 328JET Certification Maintenance 
Requirements Document TM-CMR-010599-ALL, Revision 2, dated May 1, 2007. 
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 63 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $5,355, or $85 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),
    (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,

[[Page 61640]]

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 adding the following new AD:

328 Support Services GmbH (Type Certificate Previously Held by 
AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt 
GmbH): Docket No. FAA-2011-0995; Directorate Identifier 2010-NM-243-
AD.

Comments Due Date

    (a) We must receive comments by November 21, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 328 Support Services GmbH (Type 
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild 
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 and 328-300 
airplanes; certificated in any category; all serial numbers.

Subject

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

Reason

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

    Based on in-service experience, the System Safety Analyses for 
the Flight Controls have been reviewed and their conclusions have 
been accepted during the latest Candidate Maintenance Coordination 
Committee meeting.
    This review resulted in reduced inspection intervals, 
specifically for the flight controls tab-to-actuator linkage 
[certification maintenance requirements] CMR** repetitive 
inspections, which have been identified as mandatory actions for 
continued airworthiness.
    Failure of these components or their constituent parts could 
lead to reduced control of the aeroplane.
* * * * *

Compliance

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

Maintenance Program Revision

    (g) Within 100 flight hours after the effective date of this AD: 
Revise the airplane maintenance program by incorporating the 
applicable CMR tasks identified in table 1 of this AD.

                                               Table 1--CMR Tasks
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              Model--                      Task No.--          Task description--          Identified in--
----------------------------------------------------------------------------------------------------------------
328-100 airplanes..................  Task 27-10-00-09......  Visual Check of         328 Support Services
                                                              Mechanical Linkages     Dornier 328 Certification
                                                              Aileron Trim Tab to     Maintenance Requirements
                                                              Actuator.               Document TM-CMR-010793-
                                                                                      ALL, Revision 13, dated
                                                                                      April 30, 2007.
328-100 airplanes..................  Task 27-20-00-09......  Visual Check of         328 Support Services
                                                              Mechanical Linkages     Dornier 328 Certification
                                                              Rudder Trim Tab/        Maintenance Requirements
                                                              Spring Tab to           Document TM-CMR-010793-
                                                              Actuator.               ALL, Revision 13, dated
                                                                                      April 30, 2007.
328-100 airplanes..................  Task 27-30-00-13......  Visual Check of         328 Support Services
                                                              Mechanical Linkages     Dornier 328 Certification
                                                              Elevator Trim Tabs to   Maintenance Requirements
                                                              Actuator.               Document TM-CMR-010793-
                                                                                      ALL, Revision 13, dated
                                                                                      April 30, 2007.
328-300 airplanes..................  Task 27-10-00-13......  Visual Check of         328 Support Services
                                                              Linkage Aileron Trim    Dornier 328JET
                                                              Tab to Actuator.        Certification Maintenance
                                                                                      Requirements Document TM-
                                                                                      CMR-010599-ALL, Revision
                                                                                      2, dated May 1, 2007.
328-300 airplanes..................  Task 27-20-00-11......  Visual Check of         328 Support Services
                                                              Linkage Rudder Trim     Dornier 328JET
                                                              Tab/Spring Tab to       Certification Maintenance
                                                              Actuator.               Requirements Document TM-
                                                                                      CMR-010599-ALL, Revision
                                                                                      2, dated May 1, 2007.
328-300 airplanes..................  Task 27-30-00-14......  Visual Check of         328 Support Services
                                                              Linkage Elevator Trim   Dornier 328JET
                                                              Tabs to Actuator.       Certification Maintenance
                                                                                      Requirements Document TM-
                                                                                      CMR-010599-ALL, Revision
                                                                                      2, dated May 1, 2007.
----------------------------------------------------------------------------------------------------------------

    (h) The initial compliance time for the CMR tasks identified in 
table 1 of this AD is within 500 flight hours after the most recent 
inspection, or within 100 flight hours after the effective date of 
this AD, whichever occurs later.

No Alternative Inspections or Inspection Intervals

    (i) After accomplishing the revision required by paragraph (g) 
of this AD, no alternative inspection or inspection interval may be 
used unless the inspection or inspection interval is approved as an 
alternative methods of compliance (AMOC) in accordance with the 
procedures specified in paragraph (j) of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    Although EASA Airworthiness Directive 2010-0054, dated March 25, 
2010, specifies both revising the maintenance program, doing certain 
repetitive actions, and doing corrective actions, this AD only 
requires the revision. Requiring a revision of the maintenance 
program, rather than requiring individual repetitive actions, 
requires operators to record AD compliance only at the time the 
revision is made.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance: 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. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to Attn: Tom 
Rodriguez, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1137; fax (425) 227-1149. 
Information may be e-mailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding 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.

Related Information

    (k) Refer to MCAI EASA Airworthiness Directive 2010-0054, dated 
March 25, 2010; 328 Support Services Dornier 328

[[Page 61641]]

Certification Maintenance Requirements Document TM-CMR-010793-ALL, 
Revision 13, dated April 30, 2007; and 328 Support Services Dornier 
328JET Certification Maintenance Requirements Document TM-CMR-
010599-ALL, Revision 2, dated May 1, 2007; for related information.

    Issued in Renton, Washington, on September 22, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-25580 Filed 10-4-11; 8:45 am]
BILLING CODE 4910-13-P