[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Rules and Regulations]
[Pages 12163-12165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4362]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0912; Directorate Identifier 2011-NM-035-AD; 
Amendment 39-16962; AD 2012-04-06]
RIN 2120-AA64


Airworthiness Directives; 328 Support Services GmbH (Type 
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild 
Dornier GmbH; Dornier Luftfahrt GmbH) 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 all 328 
Support Services GmbH (Type Certificate Previously Held by AvCraft 
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 
328-100 airplanes. This proposed AD was prompted by several runway 
excursion incidents and a single accident where the power lever could 
not be operated as intended during the landing roll-out on Model 
Dornier 328-100 airplanes. This proposed AD would require a 
modification of the engine control box assembly. We are proposing this 
AD to prevent runway excursion, which could result in damage to the 
airplane and injury to the occupants.

DATES: This AD becomes effective April 4, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 4, 
2012.

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: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-1503; 
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 August 31, 2011 (76 
FR 54145). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Several runway excursion incidents and a single accident have 
occurred in the past with Dornier 328-100 aeroplanes, where the 
power lever could not be operated as intended during the landing 
roll-out. * * *
    Recurrence of such an event under similar conditions, if not 
corrected, could result in further cases of runway excursion, 
possibly resulting in damage to the aeroplane and injury to the 
occupants.
    A modification to the power lever control box [i.e., engine 
control box assembly] has been designed to prevent further power 
lever handling difficulties.
    For the reasons described above, this [EASA] AD requires a 
modification of the power lever control box as a retrofit for the 
entire fleet of 328-100 aeroplanes.

    The required actions also include revising the airplane flight 
manual

[[Page 12164]]

(AFM) to include Dornier 328-100 Temporary Revisions (TR) 04-078, 04-
079, and 04-080, all dated March 15, 2010, to the Abnormal Procedures 
section of the Dornier (328 Support Services) 328-100 AFM; and Dornier 
328-100 TRs 05-064, 05-065, and 05-066, all dated February 13, 2009, to 
the Normal Procedures section of the Dornier (328 Support Services) 
328-100 AFM. 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.

Request To Change Work Hours

    328 Support Services GmbH requested we revise the Cost of 
Compliance section of the NPRM (76 FR 54145, August 31, 2011). The 
commenter stated that the estimate of 79 work-hours specified in the 
NPRM is too low and should be changed to 99 work-hours as specified in 
328 Support Services Service Bulletin SB-328-76-486, Revision 3, dated 
April 7, 2010.
    We agree that the number of work hours required is higher than our 
previous estimate. The cost impact information in this AD has been 
revised to indicate this higher amount.

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

    Although the MCAI specifies doing an inspection for discrepancies, 
328 Support Services Service Bulletin SB-328-76-486, Revision 3, dated 
April 7, 2010, does not include this action. The off-wing inspection 
included in the MCAI is not required to address the unsafe condition. 
The modification addresses the identified unsafe condition. Therefore, 
this AD does not include that requirement.
    Although the MCAI and service information do not include revising 
the AFM, this AD includes that requirement. The TRs specified below 
introduce pre-flight operational tests of the warning system 
modification, along with abnormal procedures that provide guidance to 
the flightcrew in the event of various potential warning system faults. 
These procedures must be adopted at the same time the modification is 
installed to ensure proper use and operation of the power lever warning 
system. This has been coordinated with EASA.
     Dornier 320-100 TR 04-078, dated March 15, 2010, for the 
nuisance power lever aural alert.
     Dornier 328-100 TR 04-079 and 04-080, both dated March 15, 
2010, for the engine indication and crew alerting system (EICAS) 
caution ``Proxi System.''
     Dornier 328-100 TRs 05-064, 05-065, and 05-066, all dated 
February 13, 2009, for the power level aural alert test.

Costs of Compliance

    We estimate that this AD will affect 20 products of U.S. registry. 
We also estimate that it will take about 99 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $35,700 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 $882,300, or $44,115 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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 (76 FR 54145, August 31, 
2011), 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

    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:

2012-04-06 328 Support Services GmbH (Type Certificate Previously 
Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier 
Luftfahrt GmbH): Amendment 39-16962. Docket No. FAA-2011-0912; 
Directorate Identifier 2011-NM-035-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 4, 
2012.

(b) Affected ADs

    None.

[[Page 12165]]

(c) Applicability

    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 airplanes; all serial numbers; 
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 76: Engine 
Controls.

(e) Reason

    This AD was prompted by several runway excursion incidents and a 
single accident where the power lever could not be operated as 
intended during the landing roll-out on Model Dornier 328-100 
airplanes. We are issuing this AD to prevent runway excursion, which 
could result in damage to the airplane and injury to the occupants.

(f) Compliance

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

(g) Modification

    Within 15 months after the effective date of this AD, modify the 
engine control box assembly with additional aural alerting function 
and a revised power lever guiding gate, in accordance with the 
Accomplishment Instructions of 328 Support Services Service Bulletin 
SB-328-76-486, Revision 3, dated April 7, 2010.

(h) Credit for Previous Actions

    This paragraph provides credit for the modification required by 
paragraph (g) of this AD, if the modification was performed before 
the effective date of this AD using 328 Support Services Service 
Bulletin SB-328-76-486, dated July 15, 2009; Revision 1, dated March 
2, 2010; or Revision 2, dated March 11, 2010.

(i) Airplane Flight Manual Revisions

    Concurrently with doing the modification required in paragraph 
(g) of this AD, revise the Dornier (328 Support Services) 328-100 
Airplane Flight Manual (AFM) to include the information in the 
Dornier 328-100 temporary revisions (TRs) identified in paragraphs 
(i)(1), (i)(2), and (i)(3) of this AD. Operate the airplane 
according to the procedures in those TRs.
    (1) For the power lever aural alert test:
    (i) Dornier 328-100 TR 05-064, dated February 13, 2009, to the 
Normal Procedures section of the Dornier (328 Support Services) 328-
100 AFM.
    (ii) Dornier 328-100 TR 05-065, dated February 13, 2009, to the 
Normal Procedures section of the Dornier (328 Support Services) 328-
100 AFM.
    (iii) Dornier 328-100 TR 05-066, dated February 13, 2009, to the 
Normal Procedures section of the Dornier (328 Support Services) 328-
100 AFM.
    (2) For the nuisance power lever aural alert: Dornier 328-100 TR 
4-078, dated March 15, 2010, to the Abnormal Procedures section of 
the Dornier (328 Support Services) 328-100 ATM.
    (3) For the engine indication and crew alerting system (EICAS) 
caution ``Proxi System:''
    (i) Dornier 328-100 TR 04-079, dated March 15, 2010, to the 
Abnormal Procedures section of the Dornier (328 Support Services) 
328-100 ATM.
    (ii) Dornier 328-100 TR 04-080, dated March 15, 2010, to the 
Abnormal Procedures section of the Dornier (328 Support Services) 
328-100 ATM.

    Note 1 to paragraph (i) of this AD: Revising the AFM may be done 
by inserting copies of the TRs specified in paragraphs (i)(1), 
(i)(2), and (i)(3) of this AD, in the Dornier (328 Support Services) 
328-100 AFM. When these TRs have been included in general revisions 
of this AFM, the general revisions may be inserted in the AFM, 
provided the relevant information in the general revision of this 
AFM is identical to that in the TRs specified in paragraphs (i)(1), 
(i)(2), and (i)(3) of this AD, and these TRs may be removed.

(j) Other FAA AD Provisions

    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. 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 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. 
Information may be emailed 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.

(k) Related Information

    Refer to MCAI EASA Airworthiness Directive 2009-0196, dated 
September 4, 2009; 328 Support Services Service Bulletin SB-328-76-
486, Revision 3, dated April 7, 2010; and the TRs specified in 
paragraphs (i)(1), (i)(2), and (i)(3) of this AD; for related 
information.

(l) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:
    (i) 328 Support Services Service Bulletin SB-328-76-486, 
Revision 3, dated April 7, 2010. The revision level and date of this 
document are shown only on the odd-numbered pages of the document.
    (ii) Dornier 328-100 Temporary Revision 04-078, dated March 15, 
2010, to the Abnormal Procedures section of the Dornier (328 Support 
Services) 328-100 Airplane Flight Manual.
    (iii) Dornier 328-100 Temporary Revision 04-079, dated March 15, 
2010, to the Abnormal Procedures section of the Dornier (328 Support 
Services) 328-100 Airplane Flight Manual.
    (iv) Dornier 328-100 Temporary Revision 04-080, dated March 15, 
2010, to the Abnormal Procedures section of the Dornier (328 Support 
Services) 328-100 Airplane Flight Manual.
    (v) Dornier 328-100 Temporary Revision 05-064, dated February 
13, 2009, to the Normal Procedures section of the Dornier (328 
Support Services) 328-100 Airplane Flight Manual.
    (vi) Dornier 328-100 Temporary Revision 05-065, dated February 
13, 2009, to the Normal Procedures section of the Dornier (328 
Support Services) 328-100 Airplane Flight Manual.
    (vii) Dornier 328-100 Temporary Revision 05-066, dated February 
13, 2009, to the Normal Procedures section of the Dornier (328 
Support Services) 328-100 Airplane Flight Manual.
    (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; email [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.
    (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 February 13, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-4362 Filed 2-28-12; 8:45 am]
BILLING CODE 4910-13-P