[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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