[Federal Register Volume 85, Number 22 (Monday, February 3, 2020)]
[Proposed Rules]
[Pages 5906-5909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01922]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0088; Product Identifier 2019-NM-195-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: The FAA proposes to supersede Airworthiness Directive (AD) 
2004-06-01, which applies to certain Dornier Model 328-100 series 
airplanes; and AD 2009-06-09, which applies to all Dornier Model 328-
100 series airplanes. AD 2004-06-01 requires replacement of the 
existing main landing gear (MLG) leg assembly with a modified assembly. 
AD 2009-06-09 requires modifying the MLG main body and trailing arm 
bushings, and revising the existing maintenance or inspection program, 
as applicable, to incorporate new or more restrictive airworthiness 
limitations. Since the FAA issued AD 2004-06-01 and 2009-06-09, the FAA 
has determined that new or more restrictive airworthiness limitations 
are necessary. This proposed AD would require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, as specified in a European 
Union Aviation Safety Agency (EASA) AD, which will be incorporated by 
reference. The FAA is proposing this AD to address the unsafe condition 
on these products.

DATES: The FAA must receive comments on this proposed AD by March 19, 
2020.

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 https://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,

[[Page 5907]]

Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    For the material identified in this proposed AD that will be 
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email 
[email protected]; internet www.easa.europa.eu. You may find this IBR 
material on the EASA website at https://ad.easa.europa.eu. You may view 
this IBR material 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 in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2020-0088.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0088; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
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, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3228; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2020-0088; 
Product Identifier 2019-NM-195-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this NPRM.

Discussion

    The FAA issued AD 2004-06-01, Amendment 39-13527 (69 FR 13715, 
March 24, 2004) (``AD 2004-06-01''), for certain Dornier Model 328-100 
series airplanes. AD 2004-06-01 requires replacement of the existing 
MLG leg assembly with a modified assembly. The FAA also issued AD 2009-
06-09, Amendment 39-15845 (74 FR 12249, March 24, 2009) (``AD 2009-06-
09''), for all Dornier Model 328-100 series airplanes. AD 2009-06-09 
requires modifying the MLG main body and trailing arm bushings, and 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. The 
FAA issued AD 2004-06-01 to address fatigue damage of the MLG leg, 
which could result in collapse of the MLG. The FAA also issued AD 2009-
06-09 to address corrosion on the main body of the MLG and the trailing 
arm bushings, which could result in damage to the MLG, and possibly 
result in MLG functional problems or failure.

Actions Since AD 2004-06-01 and AD 2009-06-09 Were Issued

    Since the FAA issued AD 2004-06-01 and AD 2009-06-09, the FAA has 
determined that new or more restrictive airworthiness limitations are 
necessary.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0270, dated October 30, 2019 
(``EASA AD 2019-0270'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all 328 Support Services GmbH Model 328-100 airplanes. 
EASA AD 2019-0270 supersedes German AD 2002-001, dated January 10, 2002 
(which corresponds to FAA AD 2004-06-01) and EASA AD 2008-0009, dated 
January 11, 2008 (which corresponds to FAA AD 2009-06-09).
    EASA AD 2019-0270 also specifies that it takes over the applicable 
requirements of EASA AD 2006-0197 (which corresponds to FAA AD 2008-17-
01 R1, Amendment 39-16106 (74 FR 63569, December 4, 2009) (``AD 2008-
17-01 R1'') and EASA AD 2010-0054 (which corresponds to FAA AD 2012-01-
08, Amendment 39-16920 (77 FR 3583, January 25, 2012) (``AD 2012-01-
08''). Accomplishing the revision specified in this proposed AD would 
terminate the requirements of AD 2008-17-01 R1 and AD 2012-01-08 for 
Model 328-100 series airplanes.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address the potential failure of parts, which 
could lead to reduced control of the airplane; and to address the 
potential of ignition sources inside fuel tanks, which, in combination 
with flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.
    See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0270 describes airworthiness limitations for 
certification maintenance requirements that include, among other items, 
safe life limits and fuel tank system limitations. This material 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.

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 the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA 
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.

Proposed AD Requirements

    This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations for certification maintenance 
requirements that include, among other items, safe life limits and fuel 
tank system limitations, which are specified in EASA AD 2019-0270 
described previously, as incorporated by reference. Any differences 
with EASA AD 2019-0270 are identified as exceptions in the regulatory 
text of this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed

[[Page 5908]]

AD, the operator may not be able to accomplish the actions described in 
the revisions. In this situation, to comply with 14 CFR 91.403(c), the 
operator must request approval for an alternative method of compliance 
according to paragraph (k)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2019-0270 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0270 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD.
    Service information specified in EASA AD 2019-0270 that is required 
for compliance with EASA AD 2019-0270 will be available on the internet 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0088 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's new process, which uses MCAI ADs as the primary source of 
information for compliance with corresponding FAA ADs, has been limited 
to certain MCAI ADs (primarily those with service bulletins as the 
primary source of information for accomplishing the actions required by 
the FAA AD). However, the FAA is now expanding the process to include 
MCAI ADs that specify the incorporation of airworthiness limitation 
documents.
    Although the format of the airworthiness limitation ADs using the 
new process is different than the FAA's existing format for 
airworthiness limitation ADs, the FAA requirements are the same: 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document.
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections), or intervals may be used unless the actions and intervals 
are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in the AMOCs paragraph under 
``Other FAA Provisions.'' This new format includes a ``New Provisions 
for Alternative Actions and Intervals'' paragraph that does not 
specifically refer to AMOCs, but operators may still request an AMOC to 
use an alternative action or interval.

Costs of Compliance

    The FAA estimates that this proposed AD affects 21 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
agency recognizes that this number may vary from operator to operator. 
In the past, the agency has estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate.
    The FAA estimates the total cost per operator for the new proposed 
actions to be $7,650 (90 work-hours x $85 per work-hour).

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.

Regulatory Findings

    The FAA 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) 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.

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) 
2004-06-01, Amendment 39-13527 (69 FR 13715, March 24, 2004); and AD 
2009-06-09, Amendment 39-15845 (74 FR 12249, March 24, 2009); 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-2020-0088; Product Identifier 2019-NM-195-AD.

(a) Comments Due Date

    The FAA must receive comments by March 19, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2004-06-01, Amendment 39-13527 (69 FR 
13715, March 24, 2004) (``AD 2004-06-01''); and AD 2009-06-09, 
Amendment 39-15845 (74 FR 12249, March 24, 2009) (``AD 2009-06-
09'').
    (2) This AD affects AD 2008-17-01 R1, Amendment 39-16106 (74 FR 
63569, December 4, 2009) (``AD 2008-17-01 R1''); and AD 2012-01-08, 
Amendment 39-16920

[[Page 5909]]

(77 FR 3583, January 25, 2012) (``AD 2012-01-08'').

(c) Applicability

    This AD applies to all 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.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address the potential failure of parts, which 
could lead to reduced control of the airplane; and to address the 
potential of ignition sources inside fuel tanks, which, in 
combination with flammable fuel vapors, could result in fuel tank 
explosions and consequent loss of the airplane.

(f) Compliance

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

(g) Existing Maintenance or Inspection Program Revision

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2019-0270, dated October 30, 2019 (``EASA AD 2019-0270'').

(h) Exceptions to EASA AD 2019-0270

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2019-0270 do not apply to this AD.
    (2) Where paragraph (3) of EASA AD 2019-0270 specifies a 
compliance time of ``Within 12 months'' after its effective date to 
``revise the approved AMP,'' this AD requires ``revising the 
existing maintenance or inspection program, as applicable'' to 
incorporate the ``limitations, tasks and associated thresholds and 
intervals'' specified in paragraph (3) of EASA AD 2019-0270 within 
90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2019-0270 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2019-0270, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2019-0270 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2019-0270 does not apply 
to this AD.

(i) Provisions for Alternative Actions, Intervals, and Critical Design 
Configuration Control Limitation (CDCCLs)

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections), intervals, and CDCCLs are allowed 
except as specified in the provisions of the ``Ref. Publications'' 
section of EASA AD 2019-0270.

(j) Terminating Action for Other ADs

    (1) Accomplishing the existing maintenance or inspection program 
revision required by paragraph (g) of this AD terminates all 
requirements of AD 2008-17-01 R1.
    (2) Accomplishing the existing maintenance or inspection program 
revision required by paragraph (g) of this AD terminates all 
requirements of AD 2012-01-08 for Model 328-100 airplanes only.

(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 instructions from a manufacturer, the instructions 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 Design Organization Approval (DOA). If approved 
by the DOA, the approval must include the DOA-authorized signature.

(l) Related Information

    (1) For information about EASA AD 2019-0270, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
89990 6017; email [email protected]; Internet www.easa.europa.eu. 
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material 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. This material may be found in the AD docket on the 
internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2020-0088.
    (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; email [email protected].

    Issued on January 27, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-01922 Filed 1-31-20; 8:45 am]
 BILLING CODE 4910-13-P