[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Proposed Rules]
[Pages 52872-52875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20845]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0702; Directorate Identifier 2012-NM-181-AD]
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), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede airworthiness directive (AD) 2008-14-
16 that applies to certain 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. AD 2008-
14-16 currently requires installing warning placards on the inside of 
the passenger door and service doors and modifying the hinge supports 
and support struts of the passenger doors. Since we issued AD 2008-14-
16, we received reports that certain fasteners, which were installed as 
part of the modification, are the wrong length. This proposed AD would 
require replacing the fasteners which were installed as part of the 
modification with new fasteners of the correct length, adds new 
airplanes, and removes one airplane. We are proposing this AD to 
prevent incidents of inadvertent opening and possible detachment of a 
passenger door in-flight, resulting in damage to airframe and systems 
and loss of control of the airplane.

DATES: We must receive comments on this proposed AD by October 11, 
2013.

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; email [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, WA. 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 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: Todd Thompson, Aerospace Engineer,

[[Page 52873]]

International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-1175; 
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-2013-0702; 
Directorate Identifier 2012-NM-181-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 July 17, 2008, we issued AD 2008-14-16, Amendment 39-15611 (73 
FR 40955, July 17, 2008). AD 2008-14-16 required actions intended to 
address an unsafe condition on 328 Support Services GmbH (Type 
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild 
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 and Model 328-300 
airplanes.
    Since we issued AD 2008-14-16, Amendment 39-15611 (73 FR 40955, 
July 17, 2008), we received reports that certain fasteners which were 
installed as part of the modification are the wrong length and need to 
be replaced. The European Aviation Safety Agency (EASA), which is the 
aviation authority for the Member States of the European Community, has 
issued EASA Airworthiness Directive 2012-0183R1, dated September 28, 
2012 (referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

At least one incident occurred where, immediately after take-off, 
the passenger door of a Dornier 328 aeroplane completely opened. The 
flight crew reportedly had no cockpit indication or audible chime 
prior to this event. The aeroplane returned to the departure 
airfield and made an uneventful emergency landing. Substantial 
damage to the door, handrails, door hinge arms and fuselage skin 
were found.

The subsequent investigation could not find any deficiency in the 
design of the main cabin door locking mechanism. In addition, no 
technical failure could be determined that precipitated the event. 
The flight data recorder showed that the door was closed and locked 
before take-off and opened shortly afterwards. Although final proof 
could not be obtained, the most likely way in which the door opened 
was that the door handle was inadvertently operated during the take-
off run.

In response to the incident, AvCraft (the TC holder at the time) 
developed a placard set to warn the occupants against touching the 
door handle, as well as a structural modification of the passenger 
door hinge supports described in [Dornier 328 Support Services] 
Service Bulletin (SB) SB-328-52-460 and SB-328J-52-213 to make 
certain that the door does not separate from the aeroplane when 
inadvertently opened during flight, allowing a safe descent and 
landing.

EASA issued AD 2007-0199 to require the installation of warning 
placards and modification as detailed in these SB instructions.

Since that AD [2007-0199] was issued, 328 Support Services GmbH (the 
current type certificate holder) have determined that certain 
fasteners, identified by Part Number (P/N) NAS6703U1 and P/N 
NAS6703U2, which were installed as part of the modification, have 
the wrong length and must be replaced.

For the reasons described above, this [EASA] AD retains the 
requirements of EASA AD 2007-0199, which is superseded, and requires 
replacement of the affected fasteners by the ones that have the 
correct length.
This [EASA] AD has been revised to correct and clarify the actions 
required by paragraph (3).

This AD also adds new airplanes and removes one airplane from the 
applicability of this AD. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    328 Support Services GmbH has issued 328 Support Services Service 
Bulletin SB-328-52-460, Revision 2, dated March 1, 2012 (for Model 328-
100 airplanes); and Dornier 328 Support Services Service Bulletin SB-
328J-52-213, Revision 1, dated August 17, 2011 (for Model 328-300 
airplanes). 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.

Costs of Compliance

    We estimate that this proposed AD affects 35 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
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Modify passenger doors [retained       38 work-hours x $85 per           $11,961         $15,191        $531,685
 actions from AD 2008-14-16,            hour = $3230.
 Amendment 39-15611 (73 FR 40955,
 July 17, 2008)].
Replace fasteners [new proposed        25 work-hours x 85 per                  0           2,125          74,375
 action].                               hour = 2,125.
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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

[[Page 52874]]

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 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 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

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) 
2008-14-16, Amendment 39-15611 (73 FR 40955, July 17, 2008), and 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-2013-0702; Directorate Identifier 2012-NM-181-
AD.

(a) Comments Due Date

    We must receive comments by October 11, 2013.

(b) Affected ADs

    This AD supersedes AD 2008-14-16, Amendment 39-15611 (73 FR 
40955, July 17, 2008).

(c) Applicability

    This AD applies to 328 Support Services GmbH (Type Certificate 
previously held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; 
Dornier Luftfahrt GmbH) airplanes, certificated in any category, 
identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Model 328-100 airplanes, serial numbers 3005 through 3101 
inclusive, 3103, 3104, 3106, 3109, 3110, 3112, 3113, 3115, 3117, and 
3119.
    (2) Model 328-300 airplanes, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 11, Placards and 
Markings; and Code 52, Doors.

(e) Reason

    This AD was prompted by reports that certain fasteners, which 
were installed as part of a modification, are the wrong length. We 
are issuing this AD to prevent incidents of inadvertent opening and 
possible detachment of a passenger door in-flight, resulting in 
damage to airframe and systems and loss of control 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) Retained Installation and Modification for Airplanes Identified in 
AD 2008-14-16, Amendment 39-15611 (73 FR 40955, July 17, 2008) with 
Revised Service Information

    This paragraph restates the requirements of paragraph (f) of AD 
2008-14-16, Amendment 39-15611 (73 FR 40955, July 17, 2008), with 
revised service information.
    (1) For Model 328-100 airplanes, serial numbers 3005 through 
3098 inclusive, 3100, 3106, 3109, 3110, 3112, 3113, 3115, 3117, and 
3119; and Model 328-300 airplanes, having serial numbers 3102, 3105, 
3108, 3111, 3114, 3116, 3118, and 3120 through 3224 inclusive: 
Within 30 days after August 21, 2008, the effective date of AD 2008-
14-16, Amendment 39-15611 (73 FR 40955, July 17, 2008), install 
warning placards on the inside of the passenger door and service 
doors, in accordance with the Accomplishment Instructions of the 
service information specified in paragraph (g)(1)(i) or (g)(1)(ii) 
of this AD, as applicable.
    (i) Dornier [328 Support Services] Service Bulletin SB-328-11-
454, dated May 3, 2004 (for Model 328-100 airplanes).
    (ii) Dornier [328 Support Services] Service Bulletin SB-328J-11-
209, dated May 3, 2004 (for Model 328-300 airplanes).
    (2) For Model 328-100 airplanes, serial numbers 3005 through 
3098 inclusive, 3100, 3106, 3109, 3110, 3112, 3113, 3115, 3117, and 
3119; and Model 328-300 airplanes, having serial numbers 3102, 3105, 
3108, 3111, 3114, 3116, 3118, and 3120 through 3224 inclusive: 
Within 12 months after the effective date of August 21, 2008, the 
effective date of AD 2008-14-16, Amendment 39-15611 (73 FR 0955, 
July 17, 2008), modify the hinge supports and support struts of the 
passenger doors, in accordance with the Accomplishment Instructions 
of the service information specified in paragraphs (g)(2)(i) through 
(g)(2)(iv) of this AD, as applicable. As of the effective date of 
this AD only the service information specified in paragraphs 
(g)(2)(ii) or (g)(2)(iv) of this AD, as applicable, may be used.
    (i) Dornier [328 Support Services] Service Bulletin SB-328-52-
460, dated February 4, 2005 (for Model 328-100 airplanes).
    (ii) Dornier 328 Support Services Service Bulletin SB-328-52-
460, Revision 2, dated March 1, 2012 (for Model 328-100 airplanes).
    (iii) Dornier [328J Support Services] Service Bulletin SB-328J-
52-213, dated February 4, 2005, (for Model 328-300 airplanes).
    (iv) Dornier 328J Support Services Service Bulletin SB-328J-52-
213, Revision 1, dated August 17, 2011 (for Model 328-300 
airplanes).

(h) New Installation and Modification for Newly Added Airplanes

    For airplanes not identified in paragraph (g) of this AD, do the 
actions required by paragraphs (h)(1) and (h)(2) of this AD.
    (1) Within 30 days after the effective date of this AD, install 
warning placards on the inside of the passenger door and service 
doors, in accordance with the Accomplishment Instructions of Dornier 
[328 Support Services] Service Bulletin SB-328-11-454, dated May 3, 
2004 (for Model 328-100 airplanes); or Dornier [328 Support 
Services] Service Bulletin SB-328J-11-209, dated May 3, 2004 (for 
Model 328-300 airplanes); as applicable.
    (2) Within 12 months after the effective date of this AD, modify 
the hinge supports and support struts of the passenger doors, in 
accordance with the Accomplishment Instructions of Dornier 328 
Support Services Service Bulletin SB-328-52-460, Revision 2, dated 
March 1, 2012 (for Model 328-100 airplanes); or Dornier 328 Support 
Services Service Bulletin SB-328J-52-213, Revision 1, dated August 
17, 2011 (for Model 328-300 airplanes); as applicable.

(i) New Replacement of Fasteners for all Airplanes

    For airplanes on which 26 part number NAS6703U1 fasteners were 
installed as specified in the service information in paragraphs 
(g)(2)(i) and (g)(2)(iii) of this AD: Within 6 months after the 
effective date of this AD, replace the 20 affected part number 
NAS6703U1 fasteners with new fasteners having part number NAS6703U2, 
in accordance with the Accomplishment Instructions of Dornier 328 
Support Services Service Bulletin SB-328-52-460, Revision 2, dated 
March 1, 2012 (for Model 328-100 airplanes); or Dornier 328 Support 
Services Service Bulletin SB-328J-52-213, Revision 1, dated August 
17, 2011 (for Model 328-300 airplanes); as applicable.

    Note 1 to paragraph (i) of this AD:  Dornier 328 Support 
Services Service Bulletin SB-

[[Page 52875]]

328-52-460, Revision 2, dated March 1, 2012 and Dornier 328 Support 
Services Service Bulletin SB-328J-52-213, Revision 1, dated August 
17, 2011, identify 20 of 26 part number NAS6703U1 fasteners 
requiring to be replaced due to incorrect length.

(j) Credit for Previous Actions

    This paragraph provides credit for certain actions required by 
paragraph (g) and (h)(2) of this AD, if those actions were performed 
before the effective date of this AD using 328 Support Services 
Service Bulletin SB-328-52-460, Revision 1, dated August 17, 2011.

(k) 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: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone (425) 227-1175; 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.

(l) Related Information

    (1) Refer to European Aviation Safety Agency (EASA) 
Airworthiness Directive 2012-0183R1, dated September 28, 2012, for 
related information, which can be found in the AD docket on the 
Internet at http://www.regulations.gov.


    Issued in Renton, Washington, on August 16, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-20845 Filed 8-26-13; 8:45 am]
BILLING CODE 4910-13-P