[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Proposed Rules]
[Pages 54145-54148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22226]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0912; Directorate Identifier 2011-NM-035-AD]
RIN 2120-AA64
Airworthiness Directives; 328 Support Services GmbH (Type
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 54146]]
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
Several runway excursion incidents and a single accident have
occurred in the past with Dornier 328-100 aeroplanes, where the
power lever could not be operated as intended during the landing
roll-out. * * *
Recurrence of such an event under similar conditions, if not
corrected, could result in further cases of runway excursion,
possibly resulting in damage to the aeroplane and injury to the
occupants.
* * * * *
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by October 17,
2011.
ADDRESSES: You may send comments 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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed 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; e-mail [email protected]; Internet http://www.328support.de. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; 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 proposed 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: Tom Groves, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1503; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0912;
Directorate Identifier 2011-NM-035-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed 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 proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2009-0196, dated September 4, 2009 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Several runway excursion incidents and a single accident have
occurred in the past with Dornier 328-100 aeroplanes, where the
power lever could not be operated as intended during the landing
roll-out. * * *
Recurrence of such an event under similar conditions, if not
corrected, could result in further cases of runway excursion,
possibly resulting in damage to the aeroplane and injury to the
occupants.
A modification to the power lever control box has been designed
to prevent further power lever handling difficulties.
For the reasons described above, this [EASA] AD requires a
modification of the power lever control box as a retrofit for the
entire fleet of 328-100 aeroplanes.
The required actions also include revising the airplane flight
manual (AFM) to include Dornier 328-100 Temporary Revisions (TR) 04-
078, 04-079, and 04-080, all dated March 15, 2010, to the Abnormal
Procedures section of the 328 Support Services 328-100 AFM; and Dornier
328-100 TRs 05-064, 05-065, and 05-066, all dated February 13, 2009, to
the Normal Procedures section of the 328 Support Services 328-100 AFM;
to introduce modification of the engine control box assembly. You may
obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
328 Support Services GmbH has issued Service Bulletin SB-328-76-
486, Revision 3, dated April 7, 2010; and Dornier 328-100 TRs 04-078,
04-079, and 04-080, all dated March 15, 2010, to the Abnormal
Procedures section of the 328 Support Services 328-100 AFM; and Dornier
328-100 TRs 05-064, 05-065, and 05-066, all dated February 13, 2009, to
the Normal Procedures section of the 328 Support Services 328-100 AFM.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
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 our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
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.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
[[Page 54147]]
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 20 products of U.S. registry. We also estimate that
it would take about 79 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $35,700 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
parts. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $848,300, or $42,415 per product.
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.
Regulatory Findings
We 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
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
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]
2. The FAA amends Sec. 39.13 by 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-2011-0912; Directorate Identifier 2011-NM-035-
AD.
Comments Due Date
(a) We must receive comments by October 17, 2011.
Affected ADs
(b) None.
Applicability
(c) 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; all
serial numbers; certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 76: Engine
Controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Several runway excursion incidents and a single accident have
occurred in the past with Dornier 328-100 aeroplanes, where the
power lever could not be operated as intended during the landing
roll-out. * * *
Recurrence of such an event under similar conditions, if not
corrected, could result in further cases of runway excursion,
possibly resulting in damage to the aeroplane and injury to the
occupants.
* * * * *
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Modification
(g) Within 15 months after the effective date of this AD, modify
the engine control box assembly with additional aural alerting
function and a revised power lever guiding gate, in accordance with
the Accomplishment Instructions of 328 Support Services Service
Bulletin SB-328-76-486, Revision 3, dated April 7, 2010.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(h) Modifications done before the effective date of this AD in
accordance with 328 Support Services Service Bulletin SB-328-76-486,
dated July 15, 2009; Revision 1, dated March 2, 2010; or Revision 2,
dated March 11, 2010; are acceptable for compliance with the
corresponding requirements of paragraph (g) of this AD.
Airplane Flight Manual Revisions
(i) Concurrently with doing the modification required in
paragraph (g) of this AD, revise the 328 Support Services 328-100
Airplane Flight Manual (AFM) to include the information in the
Dornier 328-100 temporary revisions (TRs) identified in table 1 of
this AD. Operate the airplane according to the procedures in the
TRs.
Table 1--Temporary Revisions
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Subject-- Dornier 328-100 TR-- AFM Section-- Dated--
----------------------------------------------------------------------------------------------------------------
Power lever aural alert test...... 05-064, 05-065, and Normal Procedures.... February 13, 2009.
05-066.
Nuisance power lever aural alert.. 04-078............... Abnormal Procedures.. March 15, 2010.
Engine Indication and Crew 04-079 and 04-080.... Abnormal Procedures.. March 15, 2010.
Alerting System (EICAS) caution
``Proxi System''.
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Note 1: Revising the AFM may be done by inserting copies of the
TRs specified in table 1 of this AD, in the 328 Support Services
328-100 AFM. When these TRs have been included in general revisions
of this AFM, the general revisions may be inserted in the AFM,
provided the relevant information in the general revision of this
AFM are identical
[[Page 54148]]
to that in the TRs specified in table 1 of this AD, and these TRs
may be removed.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows:
(1) Although the MCAI tells you to do an inspection for
discrepancies, 328 Support Services Service Bulletin SB-328-76-486,
Revision 3, dated April 7, 2010, does not include this action. The
off-wing inspection included in the MCAI is not required to address
the unsafe condition. The modification addresses the identified
unsafe condition. Therefore, this AD does not include that
requirement.
(2) Although the MCAI and service information do not include
revising the AFM, this AD includes that requirement. The TRs
specified in table 1 of this AD introduce pre-flight operational
tests of the warning system modification, along with abnormal
procedures that provide guidance to the flightcrew in the event of
various potential warning system faults. These procedures must be
adopted at the same time the modification is installed to ensure
proper use and operation of the power lever warning system. This has
been coordinated with EASA.
Other FAA AD Provisions
(j) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Tom Groves,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 227-1503; fax (425) 227-1149.
Information may be e-mailed 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. The AMOC approval letter must specifically reference this
AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
Related Information
(k) Refer to MCAI EASA Airworthiness Directive 2009-0196, dated
September 4, 2009; 328 Support Services Service Bulletin SB-328-76-
486, Revision 3, dated April 7, 2010; and the TRs specified in Table
1 of this AD; for related information.
Issued in Renton, Washington, on August 23, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-22226 Filed 8-30-11; 8:45 am]
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