[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Rules and Regulations]
[Pages 41599-41602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17504]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0117; Product Identifier 2018-NM-169-AD; Amendment 
39-19696; AD 2019-15-03]
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: The FAA is adopting a new airworthiness directive (AD) for all 
328 Support Services GmbH Model 328-100 airplanes. This AD was prompted 
by a report indicating that undetected cracks may develop at the roll 
spoiler bearing arms. This AD requires a one-time non-destructive test 
(NDT) inspection for cracks in the roll spoiler bearing arms and, if 
necessary, corrective actions. The agency is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective September 19, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
19, 2019.

ADDRESSES: For service information identified in this final rule, 
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 service 
information at the FAA, Transport Standards Branch, 2200 South 216th 
St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0117.

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-2019-
0117; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3228.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all 328 Support 
Services GmbH Model 328-100 airplanes. The NPRM published in the 
Federal Register on March 8, 2019 (84 FR 8482). The NPRM was prompted 
by a report indicating that undetected cracks may develop at the roll 
spoiler bearing arms. The NPRM proposed to require a one-time NDT 
inspection for cracks in the roll spoiler bearing arms and, if 
necessary, corrective actions.
    The FAA is issuing this AD to address cracks at the roll spoiler 
bearing arms, which, if not detected and corrected, could lead to a 
roll spoiler becoming unresponsive to flight crew control inputs, 
possibly resulting in loss of control of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2018-0254R1, dated June 4, 2019 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all 328 Support

[[Page 41600]]

Services GmbH Model 328-100 airplanes. The MCAI states:

    Dornier 328 Maintenance Review Board Report provides 
instructions for a detailed inspection for the roll spoilers, 
including the bearing arms, by eddy current [EC] method. It was 
reported that whilst performing Maintenance Planning Document Task 
57-71-03-02-01, referring to Non-Destructive Test (NDT) Manual task 
57-71-03-318-000-AA0, the stacking of 6 parts at the bearing arm No. 
3 prevents detection of cracks with the given EC test settings. The 
NDT results are distorted by geometric features such as part edges 
and fastener installations. Furthermore, the access to certain areas 
is limited for the suggested NDT probe for geometrical reasons. The 
result of the technical investigation identified that undetected 
cracks may develop at the roll spoiler bearing arms, leading to a 
broken (disconnected) bearing arm No. 3, where the actuator is 
connected.
    This condition, if not detected and corrected, could lead to a 
roll spoiler becoming unresponsive to flight crew control inputs, 
possibly resulting in loss of control of the aeroplane.
    To address this potential unsafe condition, 328 SSG published 
the ASB [328 Support Services Alert Service Bulletin ASB-328-57-043, 
dated September 21, 2018] to provide appropriate inspection 
instructions.
    For the reasons described above, EASA issued AD 2018-0254 to 
require a one-time NDT inspection of the affected parts and, 
depending on findings, accomplishment of applicable corrective 
action(s).
    Since that [EASA] AD was issued, it was noted that an error had 
been made in the compliance times, creating an inconsistency with 
those in the ASB. This [EASA] AD is revised to correct those errors.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0117.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Requests To Correct Compliance Time

    The commenters, David Davidson and David Moreno, each requested 
that the compliance time for accomplishing the NDT inspection specified 
in paragraph (h) of the proposed AD be revised to require the 
inspection within 2,500 flight hours (FH) after the effective date of 
the proposed AD instead of within 2,500 flight cycles (FC) after the 
effective date of the proposed AD. The commenters noted that a 
compliance time counted in FC conflicts with the compliance time 
specified in 328 Support Services Alert Service Bulletin ASB-328-57-
043, dated September 21, 2018. The commenters went on to point out that 
using a compliance time counted in FH aligns with the regularly 
scheduled A5 maintenance check.
    The FAA agrees with the commenters' requests to revise the 
specified compliance time from FC to FH. Since the agency issued the 
NPRM, EASA issued 2018-0254R1, dated June 4, 2019, to correct the 
identified error in the specified compliance time. The FAA has 
discussed this change with EASA and determined that using a FH 
compliance time will not adversely affect safety, and will allow the 
modification to be performed during regularly scheduled maintenance. 
Further, EASA and 328 Support Services GmbH provided data that confirms 
that the difference between FH and FC for determining compliance time 
is small, and the burden to the operator is minimal as a result of this 
change. Therefore, where figure 1 to paragraph (h) of the proposed AD 
used the phrase ``within 2,500 FC after the effective date of this 
AD,'' the FAA has revised figure 1 to paragraph (h) of this final AD to 
state ``within 2,500 FH after the effective date of this AD.''

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the change described previously 
and minor editorial changes. The agency has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA has also determined that these changes will not increase 
the economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    328 Support Services has issued Alert Service Bulletin ASB-328-57-
043, dated September 21, 2018. This service information describes 
procedures for a one-time NDT inspection for cracks in the roll spoiler 
bearing arms. This service information is reasonably available because 
the interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 27 airplanes of U.S. 
registry. The agency estimates the following costs to comply with this 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680...........................              $0             $680          $18,360
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this AD.

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.
    The FAA is 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

[[Page 41601]]

delegated the authority to issue ADs applicable to transport category 
airplanes and associated appliances to the Director of the System 
Oversight Division.

Regulatory Findings

    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) Will not affect intrastate aviation in Alaska, and
    (3) 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):

2019-15-03 328 Support Services GmbH (Type Certificate Previously 
Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier 
Luftfahrt GmbH): Amendment 39-19696; Docket No. FAA-2019-0117; 
Product Identifier 2018-NM-169-AD.

(a) Effective Date

    This AD is effective September 19, 2019.

(b) Affected ADs

    None.

(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, certificated in any 
category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a report indicating that undetected 
cracks may develop at the roll spoiler bearing arms. The FAA is 
issuing this AD to address cracking at the roll spoiler bearing 
arms, which, if not detected and corrected, could lead to a roll 
spoiler becoming unresponsive to flight crew control inputs, 
possibly resulting in loss of control of the airplane.

(f) Compliance

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

(g) Definition of Affected Parts

    For the purposes of this AD, an affected part is the bearing arm 
of roll spoilers having part number (P/N) 001B577A1200000, 
001B577A1200001, 001B577A1200002, 001B577A1200003, 001B577A1200004, 
or 001B577A1200005.

(h) Inspection

    Within the compliance time specified in Figure 1 to paragraph 
(h) of this AD, as applicable, do a non-destructive test (NDT) 
inspection of each affected part, in accordance with the 
Accomplishment Instructions of 328 Support Services Alert Service 
Bulletin ASB-328-57-043, dated September 21, 2018. The flight cycles 
(FC) specified in Figure 1 to paragraph (h) of this AD are the FC 
accumulated on the airplane since first flight of the airplane, 
unless otherwise specified.
[GRAPHIC] [TIFF OMITTED] TR15AU19.002

(i) Corrective Action

    If any crack is found during any inspection required by 
paragraph (h) of this AD: Before further flight, obtain corrective 
actions approved by the Manager, International Section, Transport 
Standards Branch, FAA; or the European Aviation Safety Agency 
(EASA); or 328 Support Services GmbH's EASA Design Organization 
Approval (DOA); and accomplish the corrective actions within the 
compliance time specified therein. If approved by the DOA, the 
approval must include the DOA-authorized signature.

(j) No Reporting Requirement

    Although 328 Support Services Alert Service Bulletin ASB-328-57-
043, dated September 21, 2018, specifies to submit certain 
information to the manufacturer, this AD does not include that 
requirement.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) 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 (l)(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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or EASA; or 328 Support 
Services GmbH's EASA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.

[[Page 41602]]

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA AD 2018-0254R1, dated June 4, 2019, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2019-0117.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3228.

(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.
    (i) 328 Support Services Alert Service Bulletin ASB-328-57-043, 
dated September 21, 2018.
    (ii) [Reserved]
    (3) 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.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) 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 Des Moines, Washington, on July 26, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-17504 Filed 8-14-19; 8:45 am]
BILLING CODE 4910-13-P