[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Proposed Rules]
[Pages 60659-60661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24716]
[[Page 60659]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0955; Directorate Identifier 2010-NM-013-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 -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:
During maintenance on a 328-100 aeroplane, a crack was found on
a trim tab fitting assembly. The cause of the cracking was
identified as stress corrosion.
This condition, if not corrected, could lead to in-flight
failure of the tab fitting, possibly resulting in loss of 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 15,
2010.
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-2010-0955;
Directorate Identifier 2010-NM-013-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 have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
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 2009-0266, dated December 17, 2009 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
During maintenance on a 328-100 aeroplane, a crack was found on
a trim tab fitting assembly. The cause of the cracking was
identified as stress corrosion.
This condition, if not corrected, could lead to in-flight
failure of the tab fitting, possibly resulting in loss of control of
the aeroplane.
To address this unsafe condition, the TC [type certificate]
holder has developed new aileron trim tab fittings and rudder spring
tab fitting, using a material that is more resistant to stress
corrosion. The improved material rudder spring tab fittings were
introduced on the production line for the Model 328-300 and for 328-
100 aeroplanes with a s/n [serial number] higher than 3098.
For the reasons described above, this AD requires the * * *
replacement of [certain] aileron trim tab fittings and [certain]
rudder spring tab fitting[s].
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
328 Support Services GmbH has issued Service Bulletins SB-328-27-
488 (for Model 328-100 airplanes), and SB-328J-27-237 (for Model 328-
300 airplanes), both dated August 25, 2009. 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.
[[Page 60660]]
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 33 products of U.S. registry. We also estimate that
it would take about 6 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 $2,252 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
costs. 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 $91,146, or $2,762 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-2010-0955; Directorate Identifier 2010-NM-013-
AD.
Comments Due Date
(a) We must receive comments by November 15, 2010.
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 -300
airplanes, certificated in any category, as specified in paragraphs
(c)(1) and (c)(2) of this AD.
(1) Model 328-100 airplanes, all serial numbers, with part
number (P/N) 001B576A2101000 left-hand (LH) or P/N 001B576A2101003
right-hand (RH) aileron trim tab fittings installed, or P/N
001A554A1711000 rudder spring tab fitting installed.
(2) Model 328-300 airplanes, all serial numbers, with P/N
001B576A2101000 (LH) or P/N 001B576A2101003 (RH) aileron trim tab
fittings installed.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
During maintenance on a 328-100 aeroplane, a crack was found on
a trim tab fitting assembly. The cause of the cracking was
identified as stress corrosion.
This condition, if not corrected, could lead to in-flight
failure of the tab fitting, possibly resulting in loss of 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.
Actions
(g) For Model 328-100 airplanes: Within 6 months after the
effective date of this AD, replace the aileron trim tab fittings P/N
001B576A2101000 (LH) and P/N 001B576A2101003 (RH) with P/N
001B576A2101004 (LH) and P/N 001B576A2101007 (RH) respectively; and
replace the rudder spring tab fitting P/N 001A554A1711000 with a P/N
001A554A1711006; in accordance with the Accomplishment Instructions
of 328 Support Services Service Bulletin SB-328-27-488, dated August
25, 2009.
(h) For Model 328-300 airplanes: Within 6 months after the
effective date of this AD, replace the aileron trim tab fittings P/N
001B576A2101000 (LH) and P/N 001B576A2101003 (RH) with P/N
001B576A2101004 (LH) and P/N 001B576A2101007 (RH) respectively, in
accordance with the Accomplishment Instructions of 328 Support
Services Service Bulletin SB-328J-27-237, dated August 25, 2009.
(i) After replacing the fittings as specified in paragraphs (g)
and (h) of this AD, do not install P/N 001B576A2101000 (LH) or P/N
001B576A2101003 (RH) aileron trim tab fittings, or P/N
001A554A1711000 rudder spring tab fittings, on any airplane.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(j) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International
[[Page 60661]]
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. Send information 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. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your principal maintenance inspector (PMI) or principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards 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.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(k) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2009-0266, dated December 17, 2009; and 328
Support Services Service Bulletins SB-328-27-488 and SB-328J-27-237,
both dated August 25, 2009; for related information.
Issued in Renton, Washington, on September 23, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-24716 Filed 9-30-10; 8:45 am]
BILLING CODE 4910-13-P