[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Pages 5521-5523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02016]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / 
Rules and Regulations  

[[Page 5521]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0026; Product Identifier 2016-NM-157-AD; Amendment 
39-19175; AD 2018-03-02]
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: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
328 Support Services GmbH Model 328-300 airplanes. This AD requires 
contacting the FAA to obtain instructions for addressing the unsafe 
condition on these products, and doing the actions specified in those 
instructions. This AD was prompted by a determination that incomplete 
inspection instructions exist for the skin under outer and inner 
doublers left installed after the removal of a certain data link 
system. We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD becomes effective February 23, 2018.
    We must receive comments on this AD by March 26, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0026; 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 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, 
International Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW, Renton, WA 98057-3356; telephone: 425-227-1175; fax: 425-
227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2016-0155, dated August 2, 2016 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain 328 Support Services GmbH Model 
328-300 airplanes. The MCAI states:

    The Teledyne Telelink System, installed in accordance with FAA 
Supplemental Type certificate (STC) SA09839S, has been removed from 
Dornier 328-300 aeroplanes. After removal, the outer and inner 
doubler, installed per STC instructions, have been left installed. 
These structural parts, not being part of the original aeroplane 
design, are not addressed by the aeroplane Instructions for 
Continued Airworthiness, and no specific inspections instructions 
for the skin under the doublers are available. Consequently, a crack 
under the installed doublers cannot be detected as per standard 
maintenance program.
    This condition could lead to undetected skin cracks that, if not 
corrected, could lead to skin failure, possibly resulting in a rapid 
depressurization of the aeroplane and consequently injury to 
occupants or loss of structural integrity of the aeroplane.
    To address this unsafe condition, 328 Support Services issued 
Service Bulletin SB-328J-53-320 that introduces a repetitive 
inspection, and defines as well maintenance requirements due to 
differences to the original Type Certificate-configuration.
    For the reason stated above, this [EASA] AD requires repetitive 
inspection of skin doublers and structural members and, depending on 
findings, accomplishment of structural repair.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0026.

FAA's Determination and Requirements of This 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. We are 
issuing this AD because we evaluated all pertinent information and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, we 
find good cause that notice and opportunity for prior public comment 
are unnecessary. In addition, for the reason(s) stated above, we find 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2018-0026; Product 
Identifier 2016-NM-157-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may

[[Page 5522]]

amend this 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 AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. This AD 
requires contacting the FAA to obtain instructions for addressing the 
unsafe condition, and doing the actions specified in those 
instructions. Based on the actions specified in the MCAI AD, we are 
providing the following cost estimates for an affected airplane that is 
placed on the U.S. Register in the future:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
          Action                Labor cost            Parts cost                    Cost per product
----------------------------------------------------------------------------------------------------------------
Inspection...............  5 work-hours x $85    $0 per inspection     $425 per inspection cycle.
                            per hour = $425 per   cycle.
                            inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for any on-condition actions.

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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.

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 airworthiness 
directive (AD):

2018-03-02 328 Support Services GmbH (Type Certificate Previously 
Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier 
Luftfahrt GmbH): Amendment 39-19175; Docket No. FAA-2018-0026; 
Product Identifier 2016-NM-157-AD.

(a) Effective Date

    This AD becomes effective February 23, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to 328 Support Services GmbH Model 328-300 
airplanes, certificated in any category, serial numbers 3145, 3149, 
3161, 3171, 3181, and 3185.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a determination that incomplete 
inspection instructions exist for the skin under outer and inner 
doublers left installed after the removal of a certain data link 
system. We are issuing this AD to detect and correct skin cracks 
that could lead to skin failure and possible rapid depressurization 
and the subsequent loss of structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Action(s)

    Within 30 days after the effective date of this AD, request 
instructions from the Manager, International Section, Transport 
Standards Branch, FAA, to address the unsafe condition specified in 
paragraph (e) of this AD; and accomplish the action(s) at the times 
specified in, and in accordance with, those instructions. Guidance 
can be found in Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) AD 2016-0155, dated 
August 2, 2016.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Section, Transport Standards Branch, 
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 Section, send it to the 
attention of the person identified in paragraph (i)(2) of this AD. 
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.

[[Page 5523]]

(i) Related Information

    (1) Refer to MCAI EASA AD 2016-0155, dated August 2, 2016, for 
related information. You may examine the MCAI on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2018-0026.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone: 
425-227-1175; fax: 425-227-1149.

(j) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on January 25, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-02016 Filed 2-7-18; 8:45 am]
 BILLING CODE 4910-13-P