[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Proposed Rules]
[Pages 61638-61641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25580]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0995; Directorate Identifier 2010-NM-243-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 and 328-300
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
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:
Based on in-service experience, the System Safety Analyses for
the Flight Controls have been reviewed and their conclusions have
been accepted during the latest Candidate Maintenance Coordination
Committee meeting.
This review resulted in reduced inspection intervals,
specifically for the flight controls tab-to-actuator linkage
[certification maintenance requirements] CMR** repetitive
inspections, which have been identified as mandatory actions for
continued airworthiness.
Failure of these components or their constituent parts could
lead to reduced control of the aeroplane.
* * * * *
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 November 21,
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
[[Page 61639]]
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 Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA 1601
Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-
1137; 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-2011-0995;
Directorate Identifier 2010-NM-243-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 2010-0054, dated March 25, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Based on in-service experience, the System Safety Analyses for
the Flight Controls have been reviewed and their conclusions have
been accepted during the latest Candidate Maintenance Coordination
Committee meeting.
This review resulted in reduced inspection intervals,
specifically for the flight controls tab-to-actuator linkage CMR**
repetitive inspections, which have been identified as mandatory
actions for continued airworthiness.
Failure of these components or their constituent parts could
lead to reduced control of the aeroplane.
Consistent with the EASA policy to require compliance with any
new and reduced airworthiness limitations by taking AD action and
for the reasons described above, this EASA AD requires the
accomplishment of the reduced-interval repetitive inspections and,
depending on findings, related corrective action(s). In addition,
this AD requires the implementation of the affected reduced
inspection intervals and associated corrective actions into the
operator's approved maintenance programme.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
328 Support Services GmbH has issued Dornier 328 Certification
Maintenance Requirements Document TM-CMR-010793-ALL, Revision 13, dated
April 30, 2007; and Dornier 328JET Certification Maintenance
Requirements Document TM-CMR-010599-ALL, Revision 2, dated May 1, 2007.
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.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 63 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $5,355, or $85 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),
(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,
[[Page 61640]]
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-2011-0995; Directorate Identifier 2010-NM-243-
AD.
Comments Due Date
(a) We must receive comments by November 21, 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 and 328-300
airplanes; certificated in any category; all serial numbers.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
Controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Based on in-service experience, the System Safety Analyses for
the Flight Controls have been reviewed and their conclusions have
been accepted during the latest Candidate Maintenance Coordination
Committee meeting.
This review resulted in reduced inspection intervals,
specifically for the flight controls tab-to-actuator linkage
[certification maintenance requirements] CMR** repetitive
inspections, which have been identified as mandatory actions for
continued airworthiness.
Failure of these components or their constituent parts could
lead to reduced control of the aeroplane.
* * * * *
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.
Maintenance Program Revision
(g) Within 100 flight hours after the effective date of this AD:
Revise the airplane maintenance program by incorporating the
applicable CMR tasks identified in table 1 of this AD.
Table 1--CMR Tasks
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Model-- Task No.-- Task description-- Identified in--
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328-100 airplanes.................. Task 27-10-00-09...... Visual Check of 328 Support Services
Mechanical Linkages Dornier 328 Certification
Aileron Trim Tab to Maintenance Requirements
Actuator. Document TM-CMR-010793-
ALL, Revision 13, dated
April 30, 2007.
328-100 airplanes.................. Task 27-20-00-09...... Visual Check of 328 Support Services
Mechanical Linkages Dornier 328 Certification
Rudder Trim Tab/ Maintenance Requirements
Spring Tab to Document TM-CMR-010793-
Actuator. ALL, Revision 13, dated
April 30, 2007.
328-100 airplanes.................. Task 27-30-00-13...... Visual Check of 328 Support Services
Mechanical Linkages Dornier 328 Certification
Elevator Trim Tabs to Maintenance Requirements
Actuator. Document TM-CMR-010793-
ALL, Revision 13, dated
April 30, 2007.
328-300 airplanes.................. Task 27-10-00-13...... Visual Check of 328 Support Services
Linkage Aileron Trim Dornier 328JET
Tab to Actuator. Certification Maintenance
Requirements Document TM-
CMR-010599-ALL, Revision
2, dated May 1, 2007.
328-300 airplanes.................. Task 27-20-00-11...... Visual Check of 328 Support Services
Linkage Rudder Trim Dornier 328JET
Tab/Spring Tab to Certification Maintenance
Actuator. Requirements Document TM-
CMR-010599-ALL, Revision
2, dated May 1, 2007.
328-300 airplanes.................. Task 27-30-00-14...... Visual Check of 328 Support Services
Linkage Elevator Trim Dornier 328JET
Tabs to Actuator. Certification Maintenance
Requirements Document TM-
CMR-010599-ALL, Revision
2, dated May 1, 2007.
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(h) The initial compliance time for the CMR tasks identified in
table 1 of this AD is within 500 flight hours after the most recent
inspection, or within 100 flight hours after the effective date of
this AD, whichever occurs later.
No Alternative Inspections or Inspection Intervals
(i) After accomplishing the revision required by paragraph (g)
of this AD, no alternative inspection or inspection interval may be
used unless the inspection or inspection interval is approved as an
alternative methods of compliance (AMOC) in accordance with the
procedures specified in paragraph (j) of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows:
Although EASA Airworthiness Directive 2010-0054, dated March 25,
2010, specifies both revising the maintenance program, doing certain
repetitive actions, and doing corrective actions, this AD only
requires the revision. Requiring a revision of the maintenance
program, rather than requiring individual repetitive actions,
requires operators to record AD compliance only at the time the
revision is made.
Other FAA AD Provisions
(j) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance: 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
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1137; 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 2010-0054, dated
March 25, 2010; 328 Support Services Dornier 328
[[Page 61641]]
Certification Maintenance Requirements Document TM-CMR-010793-ALL,
Revision 13, dated April 30, 2007; and 328 Support Services Dornier
328JET Certification Maintenance Requirements Document TM-CMR-
010599-ALL, Revision 2, dated May 1, 2007; for related information.
Issued in Renton, Washington, on September 22, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-25580 Filed 10-4-11; 8:45 am]
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