[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Rules and Regulations]
[Pages 419-421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32982]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 /
Rules and Regulations
[[Page 419]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0955; Directorate Identifier 2010-NM-013-AD;
Amendment 39-16560; AD 2011-01-07]
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), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective February 9, 2011.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 9,
2011.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 1, 2010 (75
FR 60659). That NPRM proposed 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.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a Note within the AD.
Costs of Compliance
We estimated that this AD will affect 33 products of U.S. registry.
We also estimate that it will take 6 work-hours per product to comply
with the basic requirements of this AD. The average labor rate is $85
per work-hour. Required parts will 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
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 this AD to the 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
[[Page 420]]
products identified in this rulemaking action.
Regulatory Findings
We determined that 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 this AD:
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 AD and placed it in the AD docket.
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 adding the following new AD:
2011-01-07 328 Support Services GmbH (Type Certificate Previously
Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier
Luftfahrt GmbH): Amendment 39-16560. Docket No. FAA-2010-0955;
Directorate Identifier 2010-NM-013-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective February
9, 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 -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 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 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
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.
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: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.,
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
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-
[[Page 421]]
237, both dated August 25, 2009; for related information.
Material Incorporated by Reference
(l) You must use 328 Support Services Service Bulletin SB-328-
27-488, dated August 25, 2009; or 328 Support Services Service
Bulletin SB-328J-27-237, dated August 25, 2009; as applicable, to do
the actions required by this AD, unless the AD specifies otherwise.
(The document date is only referenced on the odd-numbered pages of
these documents.)
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this 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.
(3) You may review copies of the 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.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on December 17, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-32982 Filed 1-4-11; 8:45 am]
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