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contains regulatory documents having general

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Rules and Regulations Federal Register

419 

Vol. 76, No. 3 

Wednesday, January 5, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0955; Directorate 

Identifier 2010–NM–013–AD; Amendment 

39–16560; AD 2011–01–07] 

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), 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: 

During maintenance on a 328–100 

aeroplane, a crack was found on a trim tab 

fitting assembly. The cause of the cracking 

was identified as stress corrosion. 

This condition, if not corrected, could lead 

to in-flight failure of the tab fitting, possibly 

resulting in loss of 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 

February 9, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of February 9, 2011. 

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 1, 2010 (75 FR 

60659). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

During maintenance on a 328–100 

aeroplane, a crack was found on a trim tab 

fitting assembly. The cause of the cracking 

was identified as stress corrosion. 

This condition, if not corrected, could lead 

to in-flight failure of the tab fitting, possibly 

resulting in loss of control of the aeroplane. 

To address this unsafe condition, the TC 

[type certificate] holder has developed new 

aileron trim tab fittings and rudder spring tab 

fitting, using a material that is more resistant 

to stress corrosion. The improved material 

rudder spring tab fittings were introduced on 

the production line for the Model 328–300 

and for 328–100 aeroplanes with a s/n [serial 

number] higher than 3098. 

For the reasons described above, this AD 

requires the * * * replacement of [certain] 

aileron trim tab fittings and [certain] rudder 

spring tab fitting[s]. 

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 estimated that this AD will affect 

33 products of U.S. registry. We also 

estimate that it will take 6 work-hours 

per product to comply with the basic 

requirements of this AD. The average 

labor rate is $85 per work-hour. 

Required parts will cost about $2,252 

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 parts. 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 

this AD to the U.S. operators to be 

$91,146, or $2,762 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 

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420 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 

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: 

2011–01–07 328 Support Services GmbH 

(Type Certificate Previously Held by 

AvCraft Aerospace GmbH; Fairchild 

Dornier GmbH; Dornier Luftfahrt 

GmbH): Amendment 39–16560. Docket 

No. FAA–2010–0955; Directorate 

Identifier 2010–NM–013–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective February 9, 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, as specified in 

paragraphs (c)(1) and (c)(2) of this AD. 

(1) Model 328–100 airplanes, all serial 

numbers, with part number (P/N) 

001B576A2101000 left-hand (LH) or P/N 

001B576A2101003 right-hand (RH) aileron 

trim tab fittings installed, or P/N 

001A554A1711000 rudder spring tab fitting 

installed. 

(2) Model 328–300 airplanes, all serial 

numbers, with P/N 001B576A2101000 (LH) 

or P/N 001B576A2101003 (RH) aileron trim 

tab fittings installed. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During maintenance on a 328-100 

aeroplane, a crack was found on a trim tab 

fitting assembly. The cause of the cracking 

was identified as stress corrosion. 

This condition, if not corrected, could lead 

to in-flight failure of the tab fitting, possibly 

resulting in loss of 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. 

Actions 

(g) For Model 328–100 airplanes: Within 6 

months after the effective date of this AD, 

replace the aileron trim tab fittings P/N 

001B576A2101000 (LH) and P/N 

001B576A2101003 (RH) with P/N 

001B576A2101004 (LH) and P/N 

001B576A2101007 (RH) respectively; and 

replace the rudder spring tab fitting P/N 

001A554A1711000 with P/N 

001A554A1711006; in accordance with the 

Accomplishment Instructions of 328 Support 

Services Service Bulletin SB–328–27–488, 

dated August 25, 2009. 

(h) For Model 328–300 airplanes: Within 6 

months after the effective date of this AD, 

replace the aileron trim tab fittings P/N 

001B576A2101000 (LH) and P/N 

001B576A2101003 (RH) with P/N 

001B576A2101004 (LH) and P/N 

001B576A2101007 (RH) respectively, in 

accordance with the Accomplishment 

Instructions of 328 Support Services Service 

Bulletin SB–328J–27–237, dated August 25, 

2009. 

(i) After replacing the fittings as specified 

in paragraphs (g) and (h) of this AD, do not 

install P/N 001B576A2101000 (LH) or P/N 

001B576A2101003 (RH) aileron trim tab 

fittings, or P/N 001A554A1711000 rudder 

spring tab fittings, on any airplane. 

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. 

Send information 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. 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: 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 

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 2009–0266, dated December 17, 

2009; and 328 Support Services Service 

Bulletins SB–328–27–488 and SB–328J–27– 

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Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Rules and Regulations 421 

237, both dated August 25, 2009; for related 

information. 

Material Incorporated by Reference 

(l) You must use 328 Support Services 

Service Bulletin SB–328–27–488, dated 

August 25, 2009; or 328 Support Services 

Service Bulletin SB–328J–27–237, dated 

August 25, 2009; as applicable, to do the 

actions required by this AD, unless the AD 

specifies otherwise. (The document date is 

only referenced on the odd-numbered pages 

of these 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 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. 

(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 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 

December 17, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–32982 Filed 1–4–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0854; Directorate 

Identifier 2009–NM–261–AD; Amendment 

39–16559; AD 2011–01–06] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A310 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) 

that applies to 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: 

During High Time Equipment (HTE) 

reviews conducted within the scope of the 

A310 aircraft Design Service Goal (DSG) 

extension work, Airbus discovered that the 

splined couplings and the sliding bearings of 

the flap transmission system could be 

affected by corrosion and wear, especially 

when their protective components such as 

wiper rings and rubber gaiters could become 

defective. 

This condition, if not detected and 

corrected, could degrade the functional 

integrity of the flap transmission system. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

February 9, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of February 9, 2011. 

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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2125; 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 September 23, 2010 (75 FR 

57880), and proposed to supersede AD 

2007–02–22, Amendment 39–14909 (72 

FR 3708, January 26, 2007). That NPRM 

proposed to correct an unsafe condition 

for the specified products. The MCAI 

states: 

During High Time Equipment (HTE) 

reviews conducted within the scope of the 

A310 aircraft Design Service Goal (DSG) 

extension work, Airbus discovered that the 

splined couplings and the sliding bearings of 

the flap transmission system could be 

affected by corrosion and wear, especially 

when their protective components such as 

wiper rings and rubber gaiters could become 

defective. 

This condition, if not detected and 

corrected, could degrade the functional 

integrity of the flap transmission system. 

For the reason described above, this AD 

requires repetitive inspections of the flap 

transmission system and associated 

components [for any missing, damaged, or 

incorrectly installed rubber gaiter, wiper 

rings and straps], and corrective action(s), 

depending on findings. [The corrective action 

is replacing missing, damaged, or incorrectly 

installed components.] 

This [EASA] AD has been revised to 

correct the compliance time of 400 flight 

cycles in paragraph (3) into 400 flight hours. 

In addition, paragraph (4) has been 

introduced to clarify that the corrective 

actions do not end the requirement to 

continue the repetitive inspections, and some 

editorial changes for reasons of 

standardization. These do not affect the 

requirements of this AD as originally 

intended. 

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 

considered the comment received. 

Request To Clarify Compliance Times 

in Paragraphs (h)(1) and (h)(2) of the 

NPRM 

FedEx (FedEx) requested that we 

clarify the compliance times in 

paragraphs (h)(1) and (h)(2) of the 

NPRM. FedEx stated that paragraph 

(h)(1) establishes the deadline for 

replacing defective components found 

before the effective date of the AD, and 

pointed out that paragraph (h)(2) should 

establish the deadline for replacing the 

defective components found after the 

effective date of the AD. 

We agree with the commenter. We 

removed ‘‘not’’ from paragraph (h)(2) of 

this final rule so that it now establishes 

the deadline for replacing the defective 

components after the effective date of 

the AD. 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

We determined that this change will not 

increase the economic burden on any 

operator or increase the scope of the AD. 

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 

WReier-Aviles on DSKGBLS3C1PROD with RULES