[Federal Register Volume 79, Number 43 (Wednesday, March 5, 2014)]
[Rules and Regulations]
[Pages 12370-12373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02995]


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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; 
Amendment 39-17753; AD 2014-03-15]
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 superseding airworthiness directive (AD) 2008-14-

[[Page 12371]]

16 for 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 
required 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. This new AD continues to require the 
actions required by AD 2008-14-16 and also requires 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. This AD was prompted by reports that certain fasteners, which 
were installed as part of the 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.

DATES: This AD becomes effective April 9, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 9, 
2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of August 
21, 2008 (73 FR 40955, July 17, 2008).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0702; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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. You may view this 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.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2008-14-16, Amendment 39-15611 (73 FR 40955, 
July 17, 2008). AD 2008-14-16 applied 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. The NPRM published in the Federal Register on August 27, 
2013 (78 FR 52872). The NPRM was prompted by reports that certain 
fasteners, which were installed as part of the modification, are the 
wrong length. The NPRM proposed to continue to require 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. The NPRM also proposed to 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 
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.
    The European Aviation Safety Agency (EASA), which is the aviation 
authority for 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 (http://ad.easa.europa.eu/ad/2007-0199) 
to require the installation of warning placards and modification as 
detailed in these SB instructions.
    Since that [EASA] 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 examine the MCAI in the AD docket on 
the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-
0702.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 52872, August 27, 
2013), or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting this 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 (78 FR 52872, August 27, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 52872, August 27, 2013).

Costs of Compliance

    We estimate that this AD affects 35 airplanes of U.S. registry.
    The actions that are required by AD 2008-14-16, Amendment 39-15611 
(73 FR 40955, July 17, 2008), and retained in this AD take about 38 
work-hours per product, at an average labor rate of $85 per work-hour. 
Required parts cost about $11,961 per product. Based on these figures, 
the estimated cost of the

[[Page 12372]]

actions that were required by AD 2008-14-16 is $15,191 per product.
    We also estimate that it will take about 25 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 $0 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $74,375, or $2,125 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0702; or in person at the 
Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this AD, the 
regulatory evaluation, any comments received, and other information. 
The street address for the Docket Operations

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) 
2008-14-16, Amendment 39-15611 (73 FR 40955, July 17, 2008), and adding 
the following new AD:

2014-03-15 328 Support Services GmbH (Type Certificate Previously 
Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier 
Luftfahrt GmbH): Amendment 39-17753. Docket No. FAA-2013-0702; 
Directorate Identifier 2012-NM-181-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 9, 
2014.

(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 Service Bulletin SB-328-11-454, dated May 3, 2004 
(for Model 328-100 airplanes).
    (ii) Dornier 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 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 paragraph (g)(2)(ii) or (g)(2)(iv) 
of this AD, as applicable, may be used.
    (i) Dornier Service Bulletin SB-328-52-460, dated February 4, 
2005 (for Model 328-100 airplanes).
    (ii) 328 Support Services Service Bulletin SB-328-52-460, 
Revision 2, dated March 1, 2012 (for Model 328-100 airplanes).
    (iii) Dornier Service Bulletin SB-328J-52-213, dated February 4, 
2005, (for Model 328-300 airplanes).
    (iv) 328 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.

[[Page 12373]]

    (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 
Service Bulletin SB-328-11-454, dated May 3, 2004 (for Model 328-100 
airplanes); or Dornier 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 328 Support 
Services Service Bulletin SB-328-52-460, Revision 2, dated March 1, 
2012 (for Model 328-100 airplanes); or 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 328 Support 
Services Service Bulletin SB-328-52-460, Revision 2, dated March 1, 
2012 (for Model 328-100 airplanes); or 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: 328 Support Services Service 
Bulletin SB-328-52-460, Revision 2, dated March 1, 2012, and 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, 
which is not incorporated by reference.

 (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 Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency Airworthiness Directive 2012-
0183R1, dated September 28, 2012, for related information. You may 
examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0702.
    (2) Service information identified in this AD that is not 
incorporated by reference in this AD may be obtained at the 
addresses specified in paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
April 9, 2014.
    (i) 328 Support Services Service Bulletin SB-328-52-460, 
Revision 2, dated March 1, 2012.
    (ii) 328 Support Services Service Bulletin SB-328J-52-213, 
Revision 1, dated August 17, 2011.
    (4) The following service information was approved for IBR on 
August 21, 2008 (73 FR 40955, July 17, 2008).
    (i) Dornier Service Bulletin SB-328-11-454, dated May 3, 2004.
    (ii) Dornier Service Bulletin SB-328J-11-209, dated May 3, 2004.
    (iii) Dornier Service Bulletin SB-328-52-460, dated February 4, 
2005.
    (iv) Dornier Service Bulletin SB-328J-52-213, dated February 4, 
2005.
    (5) 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.
    (6) You may view this 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.
    (7) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 31, 2014.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-02995 Filed 3-4-14; 8:45 am]
BILLING CODE 4910-13-P