
[Federal Register: June 9, 2009 (Volume 74, Number 109)]
[Proposed Rules]
[Page 27257-27260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn09-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0522; Directorate Identifier 2008-NM-127-AD]
RIN 2120-AA64


Airworthiness Directives; 328 Support Services GmbH Dornier 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 that would supersede an existing AD. 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:

    * * * A number of * * * rudder spring tab lever assemblies [of
the rudder] were found cracked.
    This condition, if not corrected, could lead to failure of the
rudder flight control system and consequent loss of control of the
aircraft. * * *
* * * * *

    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 July 9, 2009.

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 W12-140, 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 gsc.op@328support.de; 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 or 425-227-1152.

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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; 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-2009-0522;
Directorate Identifier 2008-NM-127-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

    On April 26, 2004, we issued AD 2004-09-16, Amendment 39-13605 (69
FR 24953, May 5, 2004). (A correction of that AD was published in the
Federal Register on May 12, 2004 (69 FR 26434)). That AD required
actions intended to address an unsafe condition on the products listed
above.
    Since we issued AD 2004-09-16, we have determined that it is
necessary to reduce the repetitive interval and require the replacement
of certain rudder spring tab lever assemblies.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0107, dated June 23, 2008 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    On 14 March 2002, an incident occurred with a Dornier 328-100
where the captain reported that the rudder was unresponsive. The
aircraft landed without any further difficulties. A visual
inspection of the rudder assembly was carried out and the spring tab
assembly was found to be cracked and partially missing. During
subsequent inspections of other aircraft, a number of additional
rudder spring tab lever assemblies were found cracked.
    This condition, if not corrected, could lead to failure of the
rudder flight control system

[[Page 27258]]

and consequent loss of control of the aircraft. To address and
correct this unsafe condition, LBA (Luftfahrt-Bundesamt) issued AD
2003-383 and 2003-384 [which correspond to FAA AD 2004-09-16] for
the Dornier 328-100 and 328-300 respectively, to require the initial
and repetitive inspection of the rudder spring tab lever assembly
and, in case cracks were found, the replacement of the rudder spring
tab lever assembly with a serviceable unit.
    The current TC (type certificate) holder of this type design,
328 Support Services GmbH, has recently published Alert Service
Bulletin ASB-328-27-036, Revision 2, which reduces the inspection
interval to A-check [400 FH] (400 flight hours). In addition,
Service Bulletin SB-328-27-459 was revised to change the compliance
status from `optional' to `mandatory' and instructs operators to
replace the rudder spring tab lever assembly with an improved unit
P/N (part number) 001A272A4020-004, ending the need for the
repetitive inspections.
    For the reasons described above, this EASA AD retains the
repetitive inspection requirements of LBA AD 2003-383, which is
superseded, expands the applicability to all serial numbers, reduces
the inspection interval to 400 [flight hours], and requires the
replacement of the rudder spring tab lever assembly with an improved
unit P/N 001A272A4020-004, as specified in SB-328-27-459.

    The material used for the rudder spring tab lever assemblies on
Model 328-100 airplanes differs from the material used for the rudder
spring tab lever assemblies on Model 328-300 airplanes. Therefore,
Model 328-300 airplanes are not affected by the new requirements in
this NPRM. You may obtain further information by examining the MCAI in
the AD docket.

Relevant Service Information

    328 Support Services GmbH has issued Dornier 328 Service Bulletin
SB-328-27-459, Revision 2, dated February 8, 2008; and Dornier 328
Alert Service Bulletin ASB-328-27-036, Revision 3, dated February 8,
2008. 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 112 products of U.S. registry.
    The actions that are required by AD 2004-09-16 and retained in this
proposed AD affect 112 products of U.S. registry and take 1 work-hour
per product, at an average labor rate of $80 per work-hour. Based on
these figures, the estimated cost of the currently required actions is
$8,960, or $80 per product, per inspection cycle.
    We estimate that it would take about 3 work-hours per product to
comply with the new basic requirements of this proposed AD and it would
affect 16 products of U.S. registry. The average labor rate is $80 per
work-hour. Required parts would cost about $12,861 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 $209,616, or $13,101 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 removing Amendment 39-13605 (69 FR
24953, May 5, 2004), corrected at 69 FR 26434, May 12, 2004, and adding
the following new AD:

328 Support Services GmbH (Formerly, AvCraft Aerospace GmbH,
formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt GmbH):
Docket No. FAA-2009-0522; Directorate Identifier 2008-NM-127-AD.


[[Page 27259]]



Comments Due Date

    (a) We must receive comments by July 9, 2009.

Affected ADs

    (b) The proposed AD supersedes AD 2004-09-16, Amendment 39-
13605.

Applicability

    (c) This AD applies to 328 Support Services GmbH Dornier Model
328-100 airplanes on which a rudder spring tab lever assembly having
part number 001A272A4020-002 is installed, and all Model 328-300
airplanes.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    On 14 March 2002, an incident occurred with a Dornier 328-100
where the captain reported that the rudder was unresponsive. The
aircraft landed without any further difficulties. A visual
inspection of the rudder assembly was carried out and the spring tab
assembly was found to be cracked and partially missing. During
subsequent inspections of other aircraft, a number of additional
rudder spring tab lever assemblies were found cracked.
    This condition, if not corrected, could lead to failure of the
rudder flight control system and consequent loss of control of the
aircraft. To address and correct this unsafe condition, LBA
(Luftfahrt-Bundesamt) issued AD 2003-383 and 2003-384 [which
correspond to FAA AD 2004-09-16] for the Dornier 328-100 and 328-300
respectively, to require the initial and repetitive inspection of
the rudder spring tab lever assembly and, in case cracks were found,
the replacement of the rudder spring tab lever assembly with a
serviceable unit.
    The current TC (type certificate) holder of this type design,
328 Support Services GmbH, has recently published Alert Service
Bulletin ASB-328-27-036, Revision 2, which reduces the inspection
interval to A-check [400 FH] (400 flight hours). In addition,
Service Bulletin SB-328-27-459 was revised to change the compliance
status from `optional' to `mandatory' and instructs operators to
replace the rudder spring tab lever assembly with an improved unit
P/N (part number) 001A272A4020-004, ending the need for the
repetitive inspections.
    For the reasons described above, this EASA AD retains the
repetitive inspection requirements of LBA AD 2003-383, which is
superseded, expands the applicability to all serial numbers, reduces
the inspection interval to 400 [flight hours], and requires the
replacement of the rudder spring tab lever assembly with an improved
unit P/N 001A272A4020-004, as specified in SB-328-27-459.

Compliance

    (f) Required as indicated, unless accomplished previously.

Restatement of Requirements of AD 2004-09-16, Including Repetitive
Inspections With Reduced Intervals for Model 328-100 Airplanes

    (g) For all airplanes: Within 400 flight hours or 2 months after
June 9, 2004 (the effective date of AD 2004-09-16), whichever is
first; do detailed and eddy current inspections for cracking of the
bearing lugs of the rudder spring tab lever assembly by doing all
the actions per Paragraphs 2.A., 2.B., and 2.D. of the
Accomplishment Instructions of Dornier Alert Service Bulletin ASB-
328-27-036 (for Model 328-100 airplanes), dated February 12, 2003,
or Revision 3, dated February 8, 2008; or Dornier Alert Service
Bulletin ASB-328J-27-013 (for Model 328-300 airplanes), dated
February 12, 2003; as applicable.

    Note 1:  For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''

    (1) For Model 328-100 airplanes: If no cracking is found during
any inspection required by paragraph (g) of this AD, do the next
inspection within 400 flight hours after doing the last inspection,
or within 400 flight hours after the effective date of this AD,
whichever occurs later; and repeat the inspection thereafter at
intervals not to exceed 400 flight hours. Repeat the inspections
until the replacement required by paragraph (k) of this AD has been
done.
    (2) For Model 328-300 airplanes: If no cracking is found during
any inspection required by paragraph (g) of this AD, repeat the
inspections thereafter at intervals not to exceed 24 months.

Corrective Action

    (h) For all airplanes: If any cracking is found during any
inspection required by paragraph (g) of this AD, do the applicable
actions specified in paragraph (h)(1) or (h)(2) of this AD.
    (1) For Model 328-100 airplanes: Before further flight, do the
replacement required by paragraph (k) of this AD, or replace the
spring tab lever assembly with a new assembly by doing all the
actions per Paragraph 2.C. of the Accomplishment Instructions of
Dornier Alert Service Bulletin ASB-328-27-036, dated February 12,
2003, or Revision 3, dated February 8, 2008.
    (2) For Model 328-300 airplanes: Before further flight, replace
the spring tab lever assembly with a new assembly by doing all the
actions per Paragraph 2.C. of the Accomplishment Instructions of
Dornier Alert Service Bulletin ASB-328J-27-013, dated February 12,
2003. Repeat the inspections required by paragraph (g) of this AD
thereafter at intervals not to exceed 24 months.

    Note 2:  For Model 328-300 airplanes: There is no terminating
action available for the repetitive inspections required by this AD.

    (i) Dornier Alert Service Bulletins ASB-328-27-036, dated
February 12, 2003, and Revision 3, dated February 8, 2008; and ASB-
328J-27-013, dated February 12, 2003; recommend reporting crack
findings and returning damaged lever assemblies to the manufacturer,
but this AD does not contain such requirements.

New Requirements of This AD: Actions and Compliance

    (j) For Model 328-100 airplanes: As of the effective date of
this AD, Dornier Alert Service Bulletin ASB-328-27-036, Revision 3,
dated February 8, 2008, must be used for accomplishing the
inspections and corrective actions required by paragraphs (g) and
(h) of this AD.
    (k) For Model 328-100 airplanes: Within 6 months after the
effective date of this AD, replace any rudder spring tab lever
assembly having P/N 001A272A4020-002 with an improved unit having P/
N 001A272A4020-004, in accordance with the Accomplishment
Instructions of Dornier 328 Service Bulletin SB-328-27-459, Revision
2, dated February 8, 2008. Accomplishment of the replacement
required by this paragraph terminates the repetitive inspections
required by paragraph (g)(1) of this AD.
    (l) Actions done before the effective date of this AD in
accordance with Dornier 328 Service Bulletin SB-328-27-459, dated
May 3, 2004; or Revision 1, dated January 24, 2008, are acceptable
for compliance with the corresponding requirements of this AD for
Model 328-100 airplanes. Actions done before the effective date of
this AD in accordance with Dornier Alert Service Bulletin ASB-328-
27-036, Revision 1, dated May 7, 2004; or Revision 2, dated January
24, 2008; are acceptable for compliance with the corresponding
requirements of this AD for Model 328-300 airplanes.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (m) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2125; 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.
    (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.

[[Page 27260]]

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, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (n) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2008-0107, dated June 23, 2008; German Airworthiness
Directive 2003-384, dated November 13, 2003; Dornier 328 Alert
Service Bulletin ASB-328-27-036, Revision 3, dated February 8, 2008;
and Dornier 328 Service Bulletin SB-328-27-459, Revision 2, dated
February 8, 2008; for related information.

    Issued in Renton, Washington, on June 2, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-13495 Filed 6-8-09; 8:45 am]

BILLING CODE 4910-13-P
