[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Rules and Regulations]
[Pages 46339-46342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21035]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0522; Directorate Identifier 2008-NM-127-AD; 
Amendment 39-16010; AD 2009-18-14]
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.

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SUMMARY: We are superseding an existing 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 number of * * * rudder spring tab lever assemblies [of 
the rudder] were found cracked.
    This condition, if not corrected, could lead to failure of the 
rudder flight control system and consequent loss of control of the 
aircraft. * * *
* * * * *
    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective October 14, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 14, 
2009.
    On June 9, 2004 (69 FR 24953, May 5, 2004), the Director of the 
Federal Register approved the incorporation by reference of certain 
other publications listed in this AD.

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, FAA, Transport Airplane Directorate, 
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 June 9, 2009 (74 FR 
27257), and proposed to supersede AD 2004-09-16, Amendment 39-13605 (69 
FR 24953, May 5, 2004). (A correction of that AD was published in the 
Federal Register on May 12, 2004 (69 FR 26434)). That NPRM proposed to 
correct an unsafe condition for the specified products. The MCAI 
states:

    On 14 March 2002, an incident occurred with a Dornier 328-100 
where the captain reported that the rudder was unresponsive. The 
aircraft landed without any further difficulties. A visual 
inspection of the rudder assembly was carried out and the spring tab 
assembly was found to be cracked and partially missing. During 
subsequent inspections of other aircraft, a number of additional 
rudder spring tab lever assemblies were found cracked.
    This condition, if not corrected, could lead to failure of the 
rudder flight control system and consequent loss of control of the 
aircraft. To address and correct this unsafe condition, LBA 
(Luftfahrt-Bundesamt) issued AD 2003-383 and 2003-384 [which 
correspond to FAA AD 2004-09-16] for the Dornier 328-100 and 328-300 
respectively, to require the initial and repetitive inspection of 
the rudder spring tab lever assembly and, in case cracks were found, 
the replacement of the rudder spring tab lever assembly with a 
serviceable unit.
    The current TC (type certificate) holder of this type design, 
328 Support Services GmbH, has recently published Alert Service 
Bulletin ASB-328-27-036, Revision 2, which reduces the inspection 
interval to A-check [400 FH] (400 flight hours). In addition, 
Service Bulletin SB-328-27-459 was revised to change the compliance 
status from `optional' to `mandatory' and instructs operators to 
replace the rudder spring tab lever assembly with an improved unit 
P/N (part number) 001A272A4020-004, ending the need for the 
repetitive inspections.
    For the reasons described above, this EASA AD retains the 
repetitive inspection requirements of LBA AD 2003-383, which is 
superseded, expands the applicability to all serial numbers, reduces 
the inspection interval to 400 [flight hours], and requires the 
replacement of the rudder spring tab lever assembly with an improved 
unit P/N 001A272A4020-004, as specified in SB-328-27-459.

    The material used for the rudder spring tab lever assemblies on 
Model 328-100 airplanes differs from the material used for the rudder 
spring tab lever assemblies on Model 328-300 airplanes. Therefore, 
Model 328-300 airplanes are not affected by the new requirements in 
this AD. You may obtain further information by examining the MCAI in 
the AD docket.

[[Page 46340]]

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.

Explanation of Change to Final Rule

    This AD does not require reporting crack findings to the 
manufacturer. Therefore, we have removed paragraph (m)(3) of the 
proposed AD because the reporting requirements information in that 
paragraph is not necessary.

Conclusion

    We reviewed the available data, 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 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

    Based on the service information, we estimate that this AD affects 
about 112 products of U.S. registry.
    The actions that are required by AD 2004-09-16 and retained in this 
AD affect 112 products of U.S. registry and take 1 work-hour per 
product, at an average labor rate of $80 per work-hour. Based on these 
figures, the estimated cost of the currently required actions is 
$8,960, or $80 per product, per inspection cycle.
    We estimate that it will take 3 work-hours per product to comply 
with the new basic requirements of this AD and it will affect 16 
products of U.S. registry. The average labor rate is $80 per work-hour. 
Required parts will cost about $12,861 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 costs. 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 the AD on U.S. operators to be $209,616, or 
$13,101 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 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

0
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 removing Amendment 39-13605 (69 FR 
24953, May 5, 2004), and adding the following new AD:

2009-18-14 328 Support Services GmbH (Formerly, AvCraft Aerospace 
GmbH, formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt 
GmbH): Amendment 39-16010. Docket No. FAA-2009-0522; Directorate 
Identifier 2008-NM-127-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
14, 2009.

Affected ADs

    (b) This AD supersedes AD 2004-09-16, Amendment 39-13605.

Applicability

    (c) This AD applies to 328 Support Services GmbH Dornier Model 
328-100 airplanes on which a rudder spring tab lever assembly having 
part number 001A272A4020-002 is installed, and all Model 328-300 
airplanes.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    On 14 March 2002, an incident occurred with a Dornier 328-100 
where the captain reported that the rudder was unresponsive. The 
aircraft landed without any further difficulties. A visual 
inspection of the rudder assembly was carried out and the spring tab 
assembly was found to be cracked and partially missing. During 
subsequent inspections of other aircraft, a number of additional 
rudder spring tab lever assemblies were found cracked.
    This condition, if not corrected, could lead to failure of the 
rudder flight control system and consequent loss of control of the 
aircraft. To address and correct this unsafe condition, LBA 
(Luftfahrt-Bundesamt) issued AD 2003-383 and 2003-384 [which 
correspond to FAA

[[Page 46341]]

AD 2004-09-16] for the Dornier 328-100 and 328-300 respectively, to 
require the initial and repetitive inspection of the rudder spring 
tab lever assembly and, in case cracks were found, the replacement 
of the rudder spring tab lever assembly with a serviceable unit.
    The current TC (type certificate) holder of this type design, 
328 Support Services GmbH, has recently published Alert Service 
Bulletin ASB-328-27-036, Revision 2, which reduces the inspection 
interval to A-check [400 FH] (400 flight hours). In addition, 
Service Bulletin SB-328-27-459 was revised to change the compliance 
status from `optional' to `mandatory' and instructs operators to 
replace the rudder spring tab lever assembly with an improved unit 
P/N (part number) 001A272A4020-004, ending the need for the 
repetitive inspections.
    For the reasons described above, this EASA AD retains the 
repetitive inspection requirements of LBA AD 2003-383, which is 
superseded, expands the applicability to all serial numbers, reduces 
the inspection interval to 400 [flight hours], and requires the 
replacement of the rudder spring tab lever assembly with an improved 
unit P/N 001A272A4020-004, as specified in SB-328-27-459.

Compliance

    (f) Required as indicated, unless accomplished previously.

Restatement of Requirements of AD 2004-09-16, Including Repetitive 
Inspections With Reduced Intervals for Model 328-100 Airplanes

    (g) For all airplanes: Within 400 flight hours or 2 months after 
June 9, 2004 (the effective date of AD 2004-09-16), whichever is 
first; do detailed and eddy current inspections for cracking of the 
bearing lugs of the rudder spring tab lever assembly by doing all 
the actions per Paragraphs 2.A., 2.B., and 2.D. of the 
Accomplishment Instructions of Dornier Alert Service Bulletin ASB-
328-27-036 (for Model 328-100 airplanes), dated February 12, 2003, 
or Revision 3, dated February 8, 2008; or Dornier Alert Service 
Bulletin ASB-328J-27-013 (for Model 328-300 airplanes), dated 
February 12, 2003; as applicable.

    Note 1:  For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (1) For Model 328-100 airplanes: If no cracking is found during 
any inspection required by paragraph (g) of this AD, do the next 
inspection within 400 flight hours after doing the last inspection, 
or within 400 flight hours after the effective date of this AD, 
whichever occurs later; and repeat the inspection thereafter at 
intervals not to exceed 400 flight hours. Repeat the inspections 
until the replacement required by paragraph (k) of this AD has been 
done.
    (2) For Model 328-300 airplanes: If no cracking is found during 
any inspection required by paragraph (g) of this AD, repeat the 
inspections thereafter at intervals not to exceed 24 months.

Corrective Action

    (h) For all airplanes: If any cracking is found during any 
inspection required by paragraph (g) of this AD, do the applicable 
actions specified in paragraph (h)(1) or (h)(2) of this AD.
    (1) For Model 328-100 airplanes: Before further flight, do the 
replacement required by paragraph (k) of this AD, or replace the 
spring tab lever assembly with a new assembly by doing all the 
actions per Paragraph 2.C. of the Accomplishment Instructions of 
Dornier Alert Service Bulletin ASB-328-27-036, dated February 12, 
2003; or Revision 3, dated February 8, 2008.
    (2) For Model 328-300 airplanes: Before further flight, replace 
the spring tab lever assembly with a new assembly by doing all the 
actions per Paragraph 2.C. of the Accomplishment Instructions of 
Dornier Alert Service Bulletin ASB-328J-27-013, dated February 12, 
2003. Repeat the inspections required by paragraph (g) of this AD 
thereafter at intervals not to exceed 24 months.

    Note 2:  For Model 328-300 airplanes: There is no terminating 
action available for the repetitive inspections required by this AD.

    (i) Dornier Alert Service Bulletins ASB-328-27-036, dated 
February 12, 2003, and Revision 3, dated February 8, 2008; and ASB-
328J-27-013, dated February 12, 2003; recommend reporting crack 
findings and returning damaged lever assemblies to the manufacturer, 
but this AD does not contain such requirements.

New Requirements of This AD: Actions and Compliance

    (j) For Model 328-100 airplanes: As of the effective date of 
this AD, Dornier Alert Service Bulletin ASB-328-27-036, Revision 3, 
dated February 8, 2008, must be used for accomplishing the 
inspections and corrective actions required by paragraphs (g) and 
(h) of this AD.
    (k) For Model 328-100 airplanes: Within 6 months after the 
effective date of this AD, replace any rudder spring tab lever 
assembly having P/N 001A272A4020-002 with an improved unit having P/
N 001A272A4020-004, in accordance with the Accomplishment 
Instructions of Dornier Service Bulletin SB-328-27-459, Revision 2, 
dated February 8, 2008. Accomplishment of the replacement required 
by this paragraph terminates the repetitive inspections required by 
paragraph (g)(1) of this AD.
    (l) Actions done before the effective date of this AD in 
accordance with Dornier Service Bulletin SB-328-27-459, dated May 3, 
2004; or Revision 1, dated January 24, 2008; are acceptable for 
compliance with the corresponding requirements of this AD for Model 
328-100 airplanes. Actions done before the effective date of this AD 
in accordance with Dornier Alert Service Bulletin ASB-328-27-036, 
Revision 1, dated May 7, 2004; or Revision 2, dated January 24, 
2008; are acceptable for compliance with the corresponding 
requirements of this AD for Model 328-300 airplanes.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (m) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-2125; 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.
    (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.

Related Information

    (n) Refer to MCAI European Aviation Safety Agency Airworthiness 
Directive 2008-0107, dated June 23, 2008; German Airworthiness 
Directive 2003-384, dated November 13, 2003; and the service 
information contained in Table 1 of this AD, for related 
information.

                                      Table 1--Related Service Information
----------------------------------------------------------------------------------------------------------------
                Document                            Revision                              Date
----------------------------------------------------------------------------------------------------------------
Dornier Alert Service Bulletin ASB-328-   3..........................  February 8, 2008.
 27-036.
Dornier Alert Service Bulletin ASB-328J-  Original...................  February 12, 2003.
 27-013.
Dornier Service Bulletin SB-328-27-459..  2..........................  February 8, 2008.
----------------------------------------------------------------------------------------------------------------


[[Page 46342]]

Material Incorporated by Reference

    (o) You must use the applicable service information contained in 
Table 2 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise. (The issue date of Dornier Alert Service 
Bulletin ASB-328-27-036, Revision 3, dated February 8, 2008; and 
Dornier Service Bulletin SB-328-27-459, Revision 2, dated February 
8, 2008; is specified only on the odd-numbered pages of these 
documents.)

                                   Table 2--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                Document                            Revision                              Date
----------------------------------------------------------------------------------------------------------------
Dornier Alert Service Bulletin ASB-328-   3..........................  February 8, 2008.
 27-036.
Dornier Alert Service Bulletin ASB-328J-  Original...................  February 12, 2003.
 27-013.
Dornier Service Bulletin SB-328-27-459..  2..........................  February 8, 2008.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of Dornier Alert Service Bulletin ASB-
328-27-036, Revision 3, dated February 8, 2008; and Dornier Service 
Bulletin SB-328-27-459, Revision 2, dated February 8, 2008; under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of the Dornier Alert Service Bulletin 
ASB-328J-27-013, dated February 12, 2003, on June 9, 2004 (69 FR 
24953, May 5, 2004).
    (3) 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 <a href="/cdn-cgi/l/email-protection#660115054809162655545e15131616091412480203"><span class="__cf_email__" data-cfemail="a8cfdbcb86c7d8e89b9a90dbddd8d8c7dadc86cccd">[email protected]</span></a>; Internet 
http://www.328support.de.
    (4) 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.
    (5) 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 August 24, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-21035 Filed 9-8-09; 8:45 am]
BILLING CODE 4910-13-P


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