[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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