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[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Rules and Regulations]
[Pages 3583-3585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1126]

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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; 
Amendment 39-16920; AD 2012-01-08]
RIN 2120-AA64

Airworthiness Directives; 328 Support Services GmbH 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 all 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. This AD was prompted by a manufacturer 
safety analyses review on flight control which resulted in 
recommendations for reduced repetitive inspection intervals for the 
flight controls certification maintenance requirements (CMR) of the 
tab-to-actuator linkage. This AD requires revising the airplane 
maintenance program by incorporating certain CMR tasks. We are issuing 
this AD to prevent failure of these components or their constituent 
parts which could lead to reduced control of the airplane.

DATES: This AD becomes effective February 29, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 29, 
2012.

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 5, 2011 (76 
FR 61638). That NPRM proposed 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 [European Aviation Safety Agency] 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 [EASA] 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (76 FR 61638, October 5, 
2011) 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 except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (76 FR 61638, October 5, 2011) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 61638, October 5, 2011).

[[Page 3584]]

Costs of Compliance

    We estimate that this AD will affect 63 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the 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 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 affect intrastate aviation in Alaska; and
    4. 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 (76 FR 61638, October 5, 
2011), 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

    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:

2012-01-08 328 Support Services GmbH (Type Certificate Previously 
Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier 
Luftfahrt GmbH): Amendment 39-16920. Docket No. FAA-2011-0995; 
Directorate Identifier 2010-NM-243-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 29, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    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.

(d) Subject

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

(e) Reason

    This AD was prompted by a manufacturer safety analysis review on 
flight control which resulted in recommendations for reduced 
repetitive inspection intervals for the flight controls 
certification maintenance requirements (CMR) of the tab-to-actuator 
linkage. We are issuing this AD to prevent failure of these 
components or their constituent parts which could lead to reduced 
control of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Maintenance Program Revision

    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
----------------------------------------------------------------------------------------------------------------
               Model--                        Task No.--           Task description--        Identified in--
----------------------------------------------------------------------------------------------------------------
328-100 airplanes....................  Task 27-10-00-09.......  Visual Check of          328 Support Services
                                                                 Mechanical Linkages:     Dornier 328
                                                                 Aileron Trim Tab to      Certification
                                                                 Actuator.                Maintenance
                                                                                          Requirements 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
                                                                 Rudder Trim Tab/Spring   Certification
                                                                 Tab to Actuator.         Maintenance
                                                                                          Requirements Document
                                                                                          TM-CMR-010793-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
                                                                 Elevator Trim Tabs to    Certification
                                                                 Actuator.                Maintenance
                                                                                          Requirements Document
                                                                                          TM-CMR-010793-ALL,
                                                                                          Revision 13, dated
                                                                                          April 30, 2007.

[[Page 3585]]

 
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.          Certification
                                                                                          Maintenance
                                                                                          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.
----------------------------------------------------------------------------------------------------------------

(h) Initial Compliance Time

    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.

(i) No Alternative Inspections or Inspection Intervals

    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 method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (j)(1) of this AD.

(j) Other FAA AD Provisions

    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 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. 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.

(k) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2010-0054, dated March 25, 2010, and the 
following service information identified in paragraphs (k)(1) and 
(k)(2) of this AD; for related information.
    (1) 328 Support Services Dornier 328 Certification Maintenance 
Requirements Document TM-CMR-010793-ALL, Revision 13, dated April 
30, 2007.
    (2) 328 Support Services Dornier 328JET Certification 
Maintenance Requirements Document TM-CMR-010599-ALL, Revision 2, 
dated May 1, 2007.

(l) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51.
    (i) 328 Support Services Dornier 328 Certification Maintenance 
Requirements Document TM-CMR-010793-ALL, Revision 13, dated April 
30, 2007. The document number of this document is listed only on the 
title page of the document.
    (ii) 328 Support Services Dornier 328JET Certification 
Maintenance Requirements Document TM-CMR-010599-ALL, Revision 2, 
dated May 1, 2007. The document number of this document is listed 
only on the title page of the document.
    (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; email: gsc.op@328support.de; 
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 an NARA facility, 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 January 13, 2012.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-1126 Filed 1-24-12; 8:45 am]
BILLING CODE 4910-13-P
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