[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Proposed Rules]
[Pages 47173-47175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19297]



[[Page 47173]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0674; Product Identifier 2019-NM-079-AD]
RIN 2120-AA64


Airworthiness Directives; 328 Support Services GmbH (Type 
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild 
Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain 328 Support Services GmbH Model 328-100 airplanes. This 
proposed AD was prompted by a report of missing rivets on landing flap 
support arm 2. This proposed AD would require an inspection of the 
landing flap support arms for missing rivets and corrective actions if 
necessary, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which will be incorporated by reference. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 24, 
2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be 
incorporated by reference (IBR), contact the EASA, at Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 89990 1000; email: 
ADs@easa.europa.eu; internet: www.easa.europa.eu. You may find this IBR 
material on the EASA website at https://ad.easa.europa.eu. You may view 
this IBR material at the FAA, Transport Standards Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available in the AD 
docket on the internet at http://www.regulations.gov by searching for 
and locating Docket No. FAA-2019-0674.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0674; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3228.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0674; 
Product Identifier 2019-NM-079-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0096, dated April 30, 2019 
(``EASA AD 2019-0096'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain 328 Support Services GmbH Model 328-100 
airplanes. The MCAI states:

    Missing rivets on landing flap support arm 2 were noticed by 
Dornier Fairchild Quality Assurance. The landing flap support arm 
manufacturer did not install the rivets on flap arms installed on 
Group 1 aeroplanes.
    This condition, if not detected and corrected, could lead to the 
loss of one of two load paths, reducing the fatigue life of the 
affected flap arms.
    To address this unsafe condition, Fairchild-Dornier issued the 
SB [Dornier Service Bulletin SB-328-57-239] to provide modification 
instructions for certain aeroplanes and, consequently, [Luftfahrt-
Bundesamt] (LBA) Germany issued AD 97-328 [which corresponds to FAA 
AD 98-23-16, Amendment 39-10884 (63 FR 63397, November 13, 1998) 
(``AD 98-23-16'')] to require installation of two fasteners on the 
affected landing flap arms.
    Since that [LBA Germany] AD was issued, during a scheduled 
maintenance inspection of a Group 2 aeroplane (not affected by the 
LBA Germany AD), missing rivets were identified, indicating that 
some Group 2 aeroplanes may not have been retrofitted during 
production.
    For the reasons described above, this [EASA] AD retains the 
requirements of LBA Germany AD 97-328, which is superseded, requires 
a one-time inspection of Group 2 aeroplanes and, depending on 
findings, installation of two fasteners on the flap support arms.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0096 describes procedures for an inspection of the 
landing flap support arms for missing rivets, which includes a special 
detailed inspection (eddy current) of the landing flap support 2 along 
the edges and around the rivets for cracks, and corrective actions. 
Corrective actions include installing rivets and repairing cracks.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

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 the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

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Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2019-0096 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD and except as discussed under ``Differences 
Between this Proposed AD and the MCAI.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2019-0096 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2019-0096 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Using common terms that are the same as the heading of a particular 
section in the EASA AD does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in the EASA AD. Service information specified 
in EASA AD 2019-0096 that is required for compliance with EASA AD 2019-
0096 will be available on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2019-0674 after the FAA final 
rule is published.

Differences Between This Proposed AD and the MCAI

    The applicability of EASA AD 2019-0096, dated April 30, 2019, 
includes 328 Support Services GmbH Model 328-100 airplanes serial 
numbers 3032 through 3086 inclusive. However, the applicability of this 
proposed AD only includes 328 Support Services GmbH Model 328-100 
airplanes serial numbers 3032 through 3063 inclusive. The FAA issued AD 
98-23-16 to correct the unsafe condition for 328 Support Services GmbH 
Model 328-100 airplanes serial numbers 3064 through 3086 inclusive.
    EASA AD 2019-0096 did not state a corrective action if any cracking 
is found during the required inspection. This proposed AD would require 
repair of any cracking.

Costs of Compliance

    The FAA estimates that this proposed AD affects 22 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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6 work-hours x $85 per hour = $510...........................              $0             $510          $11,220
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition installation that would be required based on the results of 
any required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition installation:

              Estimated Costs of On-Condition Installation
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                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340....             $27             $367
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    The FAA has received no definitive data that would enable the FAA 
to provide cost estimates for the on-condition crack repairs specified 
in this proposed AD.

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.
    The FAA is 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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated appliances to the 
Director of the System Oversight Division.

Regulatory Findings

    The FAA 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) Will not affect intrastate aviation in Alaska, and

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    (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.

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

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 airworthiness 
directive (AD):

328 Support Services GmbH (Type Certificate Previously Held by 
AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt 
GmbH): Docket No. FAA-2019-0674; Product Identifier 2019-NM-079-AD.

(a) Comments Due Date

    The FAA must receive comments by October 24, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to 328 Support Services GmbH Model 328-100 
airplanes, certificated in any category, serial numbers 3032 through 
3063 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a report of missing rivets on landing 
flap support arm 2. The FAA is issuing this AD to address missing 
rivets, which could lead to the loss of one of two load paths, 
reducing the fatigue life of the affected flap arms and leading to 
fatigue cracking of the support arms of the flaps, which could 
result in reduced structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2019-0096, dated April 30, 2019 (``EASA AD 2019-0096'').

(h) Exceptions to EASA AD 2019-0096

    (1) For purposes of determining compliance with the requirements 
of this AD: Where EASA AD 2019-0096 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0096 does not apply 
to this AD.

(i) Corrective Action for Cracking

    If any crack is found during any inspection required by 
paragraph (2) of EASA AD 2019-0096: Before further flight, repair 
using a method approved by the Manager, International Section, 
Transport Standards Branch, FAA; or the EASA; or 328 Support 
Services GmbH's EASA Design Organization Approval (DOA). If approved 
by the DOA, the approval must include the DOA-authorized signature.

(j) No Reporting Requirement

    Although the service information referenced in EASA AD 2019-0096 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (l)(2) of this AD. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or EASA; or 328 Support 
Services GmbH's EASA DOA. If approved by the DOA, the approval must 
include the DOA-authorized signature.

(l) Related Information

    (1) For information about EASA AD 2019-0096, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 89990 
6017; email: ADs@easa.europa.eu; Internet: www.easa.europa.eu. You 
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this EASA AD at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195. EASA AD 2019-0096 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0674.
    (2) For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and 
fax: 206-231-3228.

    Issued in Des Moines, Washington, on August 30, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-19297 Filed 9-6-19; 8:45 am]
 BILLING CODE 4910-13-P


