[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Rules and Regulations]
[Pages 21757-21759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08229]
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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; Amendment
39-19899; AD 2020-07-20]
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 superseding Airworthiness Directive (AD) 2004-06-
01, which applied to certain Dornier Model 328-100 series airplanes;
and AD 2009-06-09, which applied to all Dornier Model 328-100 series
airplanes. AD 2004-06-01 required replacement of the existing main
landing gear (MLG) leg assembly with a modified assembly. AD 2009-06-09
required 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. This
AD continues to 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 is incorporated by reference. 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 unsafe condition on these products.
DATES: This AD is effective May 26, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 26,
2020.
ADDRESSES: For the material incorporated by reference (IBR) in this AD,
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 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; email
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
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 also specifies that it takes over the applicable
requirements of EASA AD 2006-0197, dated July 11, 2006 (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, dated
March 25, 2010 (which corresponds to
[[Page 21758]]
FAA AD 2012-01-08, Amendment 39-16920 (77 FR 3583, January 25, 2012)
(``AD 2012-01-08''). Accomplishing the existing maintenance or
inspection program revision required in this AD terminates the
requirements of AD 2008-17-01 R1 and AD 2012-01-08 for Model 328-100
series airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede 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'').
AD 2004-06-01 applied to certain Dornier Model 328-100 series
airplanes; and AD 2009-06-09, applied to all Dornier Model 328-100
series airplanes. The NPRM published in the Federal Register on
February 3, 2020 (85 FR 5906). The NPRM was prompted by a determination
that new or more restrictive airworthiness limitations are necessary.
The NPRM proposed to require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, as specified in a EASA AD. 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 a fuel tank explosion and
consequent loss of the airplane.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.
Clarification of Paragraph (i) of This AD
Once the existing maintenance or inspection program is revised as
required by paragraph (g) of this AD, paragraph (i) of this AD does not
allow for the later use of alternative actions or intervals unless
these alternative actions or intervals are approved as specified in
``Ref. Publications'' section of EASA AD 2019-0270. Paragraph (i) of
the proposed AD used the word ``except'' to describe the allowance for
alternative actions or intervals. To make the language consistent with
the language in the ``Ref. Publications'' section of EASA AD 2019-0270,
the FAA has changed the wording to ``unless they are approved.''
Conclusion
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA 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.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0270 describes, among other actions, 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.
Costs of Compliance
The FAA estimates that this AD affects 21 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing 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 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
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 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:
2020-07-20 328 Support Services GmbH (Type Certificate Previously
Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier
Luftfahrt GmbH): Amendment 39-19899; Docket No. FAA-2020-0088;
Product Identifier 2019-NM-195-AD.
(a) Effective Date
This AD is effective May 26, 2020.
(b) Affected ADs
(1) This AD replaces 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).
[[Page 21759]]
(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 (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 a fuel tank
explosion 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 Limitations (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
unless they are approved 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) 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
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].
(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
May 26, 2020.
(i) European Union Aviation Safety Agency (EASA) AD 2019-0270,
dated October 30, 2019.
(ii) [Reserved]
(4) 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.
(5) 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.
(6) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on April 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-08229 Filed 4-17-20; 8:45 am]
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