[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Rules and Regulations]
[Pages 20526-20528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7850]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1318; Directorate Identifier 2010-NM-274-AD; 
Amendment 39-17009; AD 2012-07-03]
RIN 2120-AA64


Airworthiness Directives; 328 Support Services GmbH Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding an existing 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 and -300 airplanes. That AD currently requires performing 
a detailed visual inspection of the cockpit door locking device and the 
surrounding area for proper installation, and corrective action if 
necessary. This new AD requires removing or replacing the locking 
device of the cockpit door; performing operational tests, and repair if 
necessary; and, for certain airplanes, installing gap filler parts. 
This AD was prompted by a report that a right-hand power lever jammed 
in flight-idle position during the landing roll-out, and the airplane 
was stopped by excessive braking. We are issuing this AD to detect and 
correct interference with the engine and flight control cables, which 
could result in reduced controllability of the airplane.

DATES: This AD becomes effective May 10, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 10, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of 
November 20, 2009 (74 FR 53151, October 16, 2009).

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 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:

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 December 12, 2011 
(76 FR 77159), and proposed to supersede AD 2009-21-06, Amendment 39-
16043 (74 FR 53151, October 16, 2009). That NPRM proposed to correct an 
unsafe condition for the specified products. The MCAI states:

    An incident has been reported with a Dornier 328-100 aeroplane, 
where the right-hand (RH) power lever jammed in flight-idle position 
during the landing roll-out. The aeroplane was stopped by excessive 
braking.
    The reason for the jamming was that the cockpit door locking 
device Part Number (P/N) 001A252A3914012 had fallen off the RH 
cockpit wall, blocking the RH power/condition lever pulley/cable 
cluster below the door. Although the affected aeroplane had been 
modified, the technical investigation showed that a loose Cockpit 
Door Locking device could also occur on 328-100 and 328-300 
aeroplanes with a standard installation.
    This condition, if not corrected, could cause interference with 
the engine and/or flight control cables, possibly resulting in 
reduced control of the aeroplane.
    To address that unsafe condition, EASA issued AD 2009-0082 
[which corresponds to FAA AD 2009-21-06, Amendment 39-16043 (74 FR 
53151, October 16, 2009)] as an interim solution, to require a one-
time inspection of the cockpit door locking device and the 
surrounding area and the reporting of all findings to the TC [type 
certificate] holder.
    Since that AD was issued, the TC holder has developed an 
improved cockpit door locking device, P/N 001A252A3914016. 
Consequently, this [EASA] AD retains the requirements of [EASA] AD 
2009-0082, which is superseded, and requires the replacement of the 
current P/N 001A252A3914012 with new designed P/N 001A252A3914016 
cockpit door locking device, or the removal of the cockpit door 
locking device P/N 001A252A3914012 and the installation of a gap 
filler, as applicable to aeroplane configuration.

The required actions include performing operational tests, and repair 
if necessary. 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 received no comments on the NPRM (76 FR 77159, December 12, 
2011) or on the determination of the cost to the public.

[[Page 20527]]

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed--except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (76 FR 77159, December 12, 2011) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 77159, December 12, 2011).

Costs of Compliance

    We estimate that this AD will affect 59 products of U.S. registry.
    The actions that are required by AD 2009-21-06, Amendment 39-16043 
(74 FR 53151, October 16, 2009), and retained in this AD take about 1 
work-hour per product, at an average labor rate of $85 per work-hour. 
Based on these figures, the estimated cost of the currently required 
actions is $85 per product.
    We estimate that it will take about 6 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $2,315 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 $166,675, or $2,825 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 77159, December 12, 
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 removing airworthiness directive (AD) 
2009-21-06, Amendment 39-16043 (74 FR 53151, October 16, 2009), and 
adding the following new AD:

2012-07-03 328 Support Services GmbH (Type Certificate Previously 
Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier 
Luftfahrt GmbH): Amendment 39-17009. Docket No. FAA-2011-1318; 
Directorate Identifier 2010-NM-274-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 10, 
2012.

(b) Affected ADs

    This AD supersedes AD 2009-21-06, Amendment 39-16043 (74 FR 
53151, October 16, 2009).

(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 and -300 airplanes, 
certificated in any category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 25: Equipment/
Furnishings.

(e) Reason

    This AD was prompted by a report that a right-hand power lever 
jammed in flight-idle position during the landing roll-out, and the 
airplane was stopped by excessive braking. We are issuing this AD 
detect and correct interference with the engine and flight control 
cables, which could result in reduced controllability of the 
airplane.

(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) Restatement of Certain Requirements of AD 2009-21-06, Amendment 39-
16043

(74 FR 53151, October 16, 2009): Inspection

    Within 3 months after November 20, 2009 (the effective date of 
AD 2009-21-06, Amendment 39-16043 (74 FR 53151, October 16, 2009)), 
do a detailed visual inspection of the cockpit door locking device 
and the surrounding area for proper installation, in accordance with 
the Accomplishment Instructions of 328 Support Services Service 
Bulletin SB-328-25-485 or SB-328J-25-235, both dated January 28, 
2009, as applicable.

(h) Corrective Action

    If any discrepancy is found during the inspection specified in 
paragraph (g) of this AD, before further flight, do the corrective 
action, in accordance with the Accomplishment Instructions of 328 
Support Services Service Bulletin SB-328-25-485 or SB-328J-25-235, 
both dated January 28, 2009, as applicable.

(i) New Requirements of This AD: Install, Replace, and Test

    Within 4,000 flight hours or 24 months after the effective date 
of this AD, whichever occurs first, do the applicable actions 
specified in paragraph (i)(1) or (i)(2) of this AD.

[[Page 20528]]

    (1) For airplanes on which a door locking device with Option 
521K010 is installed: Remove the locking device of the cockpit door, 
part number (P/N) 001A252A3914012, install the gap filler parts, and 
do operational tests, in accordance with the Accomplishment 
Instructions of 328 Support Services Service Bulletin SB-328-25-492, 
dated March 18, 2010 (for Model 328-100 airplanes); or 328 Support 
Services Service Bulletin SB-328J-25-244, dated March 18, 2010 (for 
Model 328-300 airplanes).
    (2) For airplanes on which a door locking device with Option 
521K010 is not installed: Replace the locking device of the cockpit 
door, P/N 001A252A3914012, with a new locking device, P/N 
001A252A3914016, and do operational tests, in accordance with the 
Accomplishment Instructions of 328 Support Services Service Bulletin 
SB-328-25-491, dated March 18, 2010 (for Model 328-100 airplanes); 
or 328 Support Services Service Bulletin SB-328J-25-243, dated March 
18, 2010 (for Model 328-300 airplanes).

(j) Repair

    If any operational test fails during the actions specified in 
paragraph (i)(1) or (i)(2) of this AD: Before further flight, repair 
in accordance with a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, or the 
European Aviation Safety Agency (or its delegated agent).

(k) Parts Installation

    As the effective date of this AD, no person may install a 
locking device of the cockpit door having P/N 001A252A3914012 on any 
airplane.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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 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.

(m) Related Information

    Refer to MCAI EASA Airworthiness Directive 2010-0169, dated 
August 13, 2010, and the service bulletins specified in paragraphs 
(m)(1) through (m)(6) of this AD, for related information.
    (1) 328 Support Services Service Bulletin SB-328-25-485, dated 
January 28, 2009.
    (2) 328 Support Services Service Bulletin SB-328J-25-235, dated 
January 28, 2009.
    (3) 328 Support Services Service Bulletin SB-328-25-491, dated 
March 18, 2010.
    (4) 328 Support Services Service Bulletin SB-328J-25-243, dated 
March 18, 2010.
    (5) 328 Support Services Service Bulletin SB-328-25-492, dated 
March 18, 2010.
    (6) 328 Support Services Service Bulletin SB-328J-25-244, dated 
March 18, 2010.

(n) 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 on the date specified:
    (i) 328 Support Services Service Bulletin SB-328-25-485, dated 
January 28, 2009, approved for IBR November 20, 2009 (74 FR 53151, 
October 16, 2009). Only the odd-numbered pages of this document 
contain the issue date of the document.
    (ii) 328 Support Services Service Bulletin SB-328J-25-235, dated 
January 28, 2009, approved for IBR November 20, 2009 (74 FR 53151, 
October 16, 2009). Only the odd-numbered pages of this document 
contain the issue date of the document.
    (iii) 328 Support Services Service Bulletin SB-328-25-491, dated 
March 18, 2010, approved for IBR May 10, 2012. Only the odd-numbered 
pages of this document contain the issue date of the document.
    (iv) 328 Support Services Service Bulletin SB-328-25-492, dated 
March 18, 2010, approved for IBR May 10, 2012. Only the odd-numbered 
pages of this document contain the issue date of the document.
    (v) 328 Support Services Service Bulletin SB-328J-25-243, dated 
March 18, 2010, approved for IBR May 10, 2012. Only the odd-numbered 
pages of this document contain the issue date of the document.
    (vi) 328 Support Services Service Bulletin SB-328J-25-244, dated 
March 18, 2010, approved for IBR May 10, 2012. Only the odd-numbered 
pages of this document contain the issue date of the document.
    (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 an NARA facility, 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 March 23, 2012.
Ali Bahrami
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-7850 Filed 4-4-12; 8:45 am]
BILLING CODE 4910-13-P