This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

53151 

Vol. 74, No. 199 

Friday, October 16, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0616; Directorate 

Identifier 2009–NM–070–AD; Amendment 

39–16043; AD 2009–21–06] 

RIN 2120–AA64 

Airworthiness Directives; 328 Support 

Services GmbH Dornier Model 328–100 

and –300 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

A recent incident has been reported with 

a Dornier 328–100 aeroplane, where the 

right-hand (RH) power lever jammed in 

flight-idle position during the landing rollout. The aeroplane was stopped by excessive 

braking. 

The investigation by the operator revealed 

that the cockpit door locking device * * * 

had fallen off the RH cockpit wall and 

blocked the RH power/condition lever 

pulley/cable cluster below the door. * * * 

This condition, if not corrected, could 

cause interference with the engine- and/or 

flight control cables, possibly resulting in 

reduced 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 

November 20, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 20, 2009. 

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 

Groves, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1503; 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 July 16, 2009 (74 FR 34511). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

A recent incident has been reported with 

a Dornier 328–100 aeroplane, where the 

right-hand (RH) power lever jammed in 

flight-idle position during the landing rollout. The aeroplane was stopped by excessive 

braking. 

The investigation by the operator revealed 

that the cockpit door locking device Part 

Number 001A252A3914012 had fallen off the 

RH cockpit wall and blocked the RH power/ 

condition lever pulley/cable cluster below 

the door. Although the affected aeroplane 

had been modified, the technical 

investigation showed that a loose Cockpit 

Door Locking device could also occur on 

328–100 and 328–300 aeroplanes with a 

standard installation. 

This condition, if not corrected, could 

cause interference with the engine- and/or 

flight control cables, possibly resulting in 

reduced control of the aeroplane. 

For the reasons described above, this AD 

requires a one-time inspection of the cockpit 

door locking device and the surrounding area 

[for proper installation] and the reporting of 

all findings to the TC [type certificate] 

holder. This AD is considered to be an 

interim action and the retrofit of a new 

design may be implemented later. 

The corrective action is re-torquing 

the attachment screws. 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 estimate that this AD will affect 

69 products of U.S. registry. We also 

estimate that it will take about 1 workhour per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 

cost of this AD to the U.S. operators to 

be $5,520, or $80 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 


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53152 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 

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 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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2009–21–06 328 Support Services GmbH 

(Formerly, AvCraft Aerospace GmbH, 

formerly Fairchild Dornier GmbH, 

formerly Dornier Luftfahrt GmbH): 

Amendment 39–16043. Docket No. 

FAA–2009–0616; Directorate Identifier 

2009–NM–070–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective November 20, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all 328 Support 

Services GmbH Dornier Model 328–100 and 

–300 airplanes, certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 25: Equipment/furnishings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A recent incident has been reported with 

a Dornier 328–100 aeroplane, where the 

right-hand (RH) power lever jammed in 

flight-idle position during the landing rollout. The aeroplane was stopped by excessive 

braking. 

The investigation by the operator revealed 

that the cockpit door locking device Part 

Number 001A252A3914012 had fallen off the 

RH cockpit wall and blocked the RH power/ 

condition lever pulley/cable cluster below 

the door. Although the affected aeroplane 

had been modified, the technical 

investigation showed that a loose Cockpit 

Door Locking device could also occur on 

328–100 and 328–300 aeroplanes with a 

standard installation. 

This condition, if not corrected, could 

cause interference with the engine- and/or 

flight control cables, possibly resulting in 

reduced control of the aeroplane. 

For the reasons described above, this AD 

requires a one-time inspection of the cockpit 

door locking device and the surrounding area 

[for proper installation] and the reporting of 

all findings to the TC [type certificate] 

holder. This AD is considered to be an 

interim action and the retrofit of a new 

design may be implemented later. 

The corrective action is re-torquing the 

attachment screws. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 3 months after the effective date 

of this AD, do a detailed visual inspection of 

the cockpit door locking device and the 

surrounding area for proper installation, in 

accordance with the Accomplishment 

Instructions of 328 Support Services Service 

Bulletin SB–328–25–485 or SB–328J–25–235, 

both dated January 28, 2009, as applicable. 

(2) If any discrepancy is found during the 

inspection specified in paragraph (f)(1) of 

this AD, before further flight, do the 

corrective action in accordance with the 

Accomplishment Instructions of 328 Support 

Services Service Bulletin SB–328–25–485 or 

SB–328J–25–235, both dated January 28, 

2009, as applicable. 

(3) Submit a report of the findings (both 

positive and negative) of the inspection 

required by paragraph (f)(1) of this AD to the 

Manager, Attention Dept P1, 328 Support 

Services GmbH, Customer Services, P.O.B. 

1252, D–82231 Wessling, Fed. Rep. of 

Germany; Fax +49 (0) 8153 88111–6565, at 

the applicable time specified in paragraph 

(f)(3)(i) or (f)(3)(ii) of this AD. The report 

must include the inspection results, a 

description of any discrepancies found, the 

airplane serial number, and the number of 

landings and flight hours on the airplane. 

(i) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 30 days after the inspection. 

(ii) If the inspection was accomplished 

prior to the effective date of this AD: Submit 

the report within 30 days after the effective 

date of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) 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 Groves, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1503; 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: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2009– 

0082, dated April 7, 2009; and 328 Support 

Services Service Bulletins SB–328–25–485 

and SB–328J–25–235, both dated January 28, 

2009; for related information. 

Material Incorporated by Reference 

(i) You must use 328 Support Services 

Service Bulletin SB–328–25–485, dated 


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Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 53153 

January 28, 2009; or 328 Support Services 

Service Bulletin SB–328J–25–235, dated 

January 28, 2009, as applicable; to do the 

actions required by this AD, unless the AD 

specifies otherwise. (Only the odd-numbered 

pages of these documents contain the issue 

dates of the 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 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. 

(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 or 425–227–1152. 

(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 

September 30, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–24448 Filed 10–15–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0348; Directorate 

Identifier 2008–NE–39–AD; Amendment 39– 

16050; AD 2009–21–11] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. ARRIUS 1A Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued 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: 

Cycle life limit value for ARRIUS 1A 

balancing piston Part Number (P/N) 0 319 20 

152 0, initially set at 40 000 cycles, has been 

reduced to 16 000 cycles, following the 

discovery of a calculation error during a 

recent review of the ARRIUS 1 engine family 

files. 

We are issuing this AD to prevent 

failure of the balancing piston, which 

could result in an engine in-flightshutdown and the release of high-energy 

debris and damage to the helicopter. 

DATES: This AD becomes effective 

November 20, 2009. 

ADDRESSES: The Docket Operations 

office is located at Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; fax (781) 

238–7199. 

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 April 17, 2009 (74 FR 

17797). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Cycle life limit value for ARRIUS 1A 

balancing piston Part Number (P/N) 0 319 20 

152 0, initially set at 40 000 cycles, has been 

reduced to 16 000 cycles, following the 

discovery of a calculation error during a 

recent review of the ARRIUS 1 engine family 

files. 

As of the publication date of this 

Airworthiness Directive, no ARRIUS 1A 

engines in service are fitted with a balancing 

piston that has logged more than 16 000 

cycles, and the outlook for the consumption 

of cycles on the ARRIUS 1A fleet indicates 

that no balancing pistons will exceed this 

new limit for a few years’ time. 

Moreover, this new cycle life limit value 

for the balancing piston has been 

incorporated since the end of 2007 in 

ARRIUS 1A Maintenance documentation. 

Failure to comply with the new life limits 

provided in the Airworthiness Limitations 

Section of ARRIUS 1A Maintenance 

documentation could potentially result in an 

engine in-flight-shutdown and the release of 

high energy debris. 

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 

The MCAI requires modifying the 

cyclic life limit value of the balancing 

piston in the engine log book as 

specified in Turbomeca Mandatory 

Service Bulletin 319 72 0811, dated 

April 30, 2008, and updating the 

approved operator’s maintenance 

program. 

We are requiring removing from 

service ARRIUS 1A engines containing 

a balancing piston, P/N 0 319 20 152 0, 

before the balancing piston meets or 

exceeds the new, reduced cyclic life 

limit value of 16,000 cycles-since-new. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD would affect about 

33 products of U.S. registry. We also 

estimate that it would take about 0.5 

work-hour per product to comply with 

this AD. The average labor rate is $80 

per work-hour. Required parts would 

cost about $5,280 per product. Based on 

these figures, we estimate the cost of the 

AD on U.S. operators to be $175,560. 

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 


CPrice-Sewell on DSKDVH8Z91PROD with RULES