[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Proposed Rules]
[Pages 19721-19724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8414]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0308; Directorate Identifier 2010-NM-233-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, it has been discovered that at the 
installation of the fixation brackets for rudder spring tabs and 
trim tabs an incorrect installation of the fixation brackets may 
have occurred. * * *

[[Page 19722]]

    If the orientation of the fixation bracket is reversed or upside 
down the screws may not reach into the helicoil thread to a 
sufficient depth.
    An incorrect installation, if not detected and corrected, could 
lead to an in-flight failure of the fixation brackets for rudder 
spring tabs and trim tabs resulting in and reduced 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 May 23, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#bddacede93d2cdfd8e8f85cec8cdcdd2cfc993d9d8"><span class="__cf_email__" data-cfemail="4a2d392964253a0a797872393f3a3a25383e642e2f">[email protected]</span></a>; 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 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:

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-2011-0308; 
Directorate Identifier 2010-NM-233-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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2010-0134, dated June 30, 2010 (referred to 
after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    During maintenance, it has been discovered that at the 
installation of the fixation brackets for rudder spring tabs and 
trim tabs an incorrect installation of the fixation brackets may 
have occurred. It is possible that the fixation bracket assembly may 
be incorrectly orientated and as a result the position of the 
helicoil inserts on the fixation bracket may be incorrect.
    If the orientation of the fixation bracket is reversed or upside 
down the screws may not reach into the helicoil thread to a 
sufficient depth.
    An incorrect installation, if not detected and corrected, could 
lead to an in-flight failure of the fixation brackets for rudder 
spring tabs and trim tabs resulting in and reduced control of the 
aeroplane.
    To address this potential unsafe condition, the TC [type 
certificate] holder has developed a one-time inspection to detect 
and correct any incorrect installations of the fixation brackets for 
rudder spring tabs and trim tabs.
    For the reasons described above, this AD requires a one-time 
[detailed] inspection of all rudder trim- and spring tab fixation 
brackets, the correction of any parts that are incorrectly installed 
and the reporting of all findings to the TC holder. This AD is 
considered to be an interim action and an improved design bracket 
attachment is expected to be developed.

The detailed inspection includes determining if the helicoil inserts of 
the rudder trim tab and spring tab fixation brackets are correctly 
oriented and are facing the fitting surface, and if not, inspecting the 
fittings and helicoil inserts for correct installation. The corrective 
actions include re-orienting the fittings and helicoil inserts, and 
replacing the fitting with a serviceable one. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    328 Support Services has issued Service Bulletins SB-328-55-493 
(for Model 328-100 airplanes) and SB-328J-55-245 (for Model 328-300 
airplanes), both dated April 21, 2010, both including a Compliance 
Report. 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 55 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor

[[Page 19723]]

rate is $85 per work-hour. Based on these figures, we estimate the cost 
of the proposed AD on U.S. operators to be $9,350, or $170 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-2011-0308; Directorate Identifier 2010-NM-233-
AD.

Comments Due Date

    (a) We must receive comments by May 23, 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, all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 55: 
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During maintenance, it has been discovered that at the 
installation of the fixation brackets for rudder spring tabs and 
trim tabs an incorrect installation of the fixation brackets may 
have occurred. * * *
    If the orientation of the fixation bracket is reversed or upside 
down the screws may not reach into the helicoil thread to a 
sufficient depth.
    An incorrect installation, if not detected and corrected, could 
lead to an in-flight failure of the fixation brackets for rudder 
spring tabs and trim tabs resulting in and reduced 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.

Inspection

    (g) Within 400 flight hours after the effective date of this AD, 
do a detailed inspection to determine if the fixation brackets for 
the rudder spring tabs and trim tabs are installed correctly, in 
accordance with the Accomplishment Instructions of 328 Support 
Services Service Bulletin SB-328-55-493, dated April 21, 2010 (for 
Model 328-100 airplanes); or SB-328J-55-245, dated April 21, 2010 
(for Model 328-300 airplanes).

Corrective Action

    (h) If, during the inspection required by paragraph (g) of this 
AD, any incorrect installation of the fixation brackets for rudder 
spring tabs and trim tabs is detected, before further flight, 
correct the installation of the fixation brackets for rudder spring 
tabs and trim tabs, in accordance with the Accomplishment 
Instructions of 328 Support Services Service Bulletin SB-328-55-493, 
dated April 21, 2010 (for Model 328-100 airplanes); or SB-328J-55-
245, dated April 21, 2010 (for Model 328-300 airplanes).

Reporting

    (i) Within 30 days after the inspection required by paragraph 
(g) of this AD, or within 30 days after the effective date of this 
AD, whichever occurs later: Send the inspection report to 328 
Support Services GmbH by using the Compliance Report attached to 328 
Support Services Service Bulletin SB-328-55-493, dated April 21, 
2010 (for Model 328-100 airplanes); or SB-328J-55-245, dated April 
21, 2010 (for Model 328-300 airplanes). Send the report by mail or 
fax to: Attention: Dept. C, 328 Support Services GmbH, Customer 
Services, P.O. Box 1252, D-82231 Wessling, Federal Republic of 
Germany; fax +49 (0) 8153 88111-6565.

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. 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/ACO, 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 e-mailed to: <a href="/cdn-cgi/l/email-protection#2d14006c6360001c1c1b006c60626e007f687c78687e797e6d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="0d34204c4340203c3c3b204c40424e205f485c58485e595e4d6b6c6c236a627b">[email protected]</span></a>. 
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.
    (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

[[Page 19724]]

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 2010-0134, dated June 30, 2010; and 328 
Support Services Service Bulletins SB-328-55-493 and SB-328J-55-245, 
both dated April 21, 2010; for related information.

    Issued in Renton, Washington, on March 31, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-8414 Filed 4-7-11; 8:45 am]
BILLING CODE 4910-13-P


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