46336 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 

inspection of the clearance between lever P/ 

N A26997–003 and the up-limit switch, in 

accordance with the Accomplishment 

Instructions of Fokker Service Bulletin 

SBF100–52–086, dated November 1, 2007. 

(3) If any clearance is found outside the 

range defined in Fokker Service Bulletin 

SBF100–52–086, dated November 1, 2007, 

during the inspection required by paragraph 

(f)(2) of this AD, before further flight, correct 

the clearance in accordance with the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–52–086, dated 

November 1, 2007. 

(4) If done before the effective date of this 

AD, installing the warning placard near the 

status lights of the panel of the door lock 

indication, in accordance with Fokker 

Service Bulletin SBF100–11–025, dated 

November 1, 2007, is acceptable for 

compliance with the requirements of 

paragraph (f)(1) of this AD. 

(5) Modifying the airplane in accordance 

with Fokker Service Bulletin SBF100–52– 

044, Revision 1, dated November 1, 2007, 

terminates the requirements of paragraph 

(f)(2) of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

Note 1 of the ‘‘Compliance’’ section of 

European Aviation Safety Agency (EASA) 

Airworthiness Directive 2008–0020, dated 

January 28, 2008, states that any airplane that 

has not yet been modified in accordance with 

Fokker Service Bulletin SBF100–52–069, 

dated December 3, 2001, must be modified 

prior to or concurrently with paragraph (f)(1) 

of this AD. However, all U.S. airplanes have 

met this requirement with the issuance of AD 

2006–03–07, amendment 39–14471; 

therefore, modification in accordance with 

Fokker Service Bulletin SBF100–52–069, 

dated December 3, 2001, is not applicable. 

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 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. 

(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 FAAapproved 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, 

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 EASA Airworthiness 

Directive 2008–0020, dated January 28, 2008; 

Fokker Service Bulletin SBF100–11–025, 

Revision 1, dated December 13, 2007; and 

Fokker Service Bulletin SBF100–52–086, 

dated November 1, 2007; for related 

information. 

Material Incorporated by Reference 

(i) You must use Fokker Service Bulletin 

SBF100–11–025, Revision 1, dated December 

13, 2007; and Fokker Service Bulletin 

SBF100–52–086, dated November 1, 2007; as 

applicable; to do the actions required by this 

AD, unless the AD specifies otherwise. If you 

accomplish the optional modification 

specified in paragraph (f)(5) of this AD, you 

must use Fokker Service Bulletin SBF100– 

52–044, Revision 1, dated November 1, 2007, 

to perform that modification, unless the AD 

specifies otherwise. 

(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 Fokker Services B.V., 

Technical Services Dept., P.O. Box 231, 2150 

AE Nieuw-Vennep, the Netherlands; 

telephone +31 (0)252–627–350; fax +31 

(0)252–627–211; e-mail 

technicalservices.fokkerservices@stork.com; 

Internet http://www.myfokkerfleet.com. 

(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 August 

18, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–20834 Filed 9–8–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0786; Directorate 

Identifier 2009–NM–145–AD; Amendment 

39–16014; AD 2009–18–18] 

RIN 2120–AA64 

Airworthiness Directives; ATR Model 

ATR42 and ATR72 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

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 event occurred during which the 

LH [left-hand] forward side glass window of 

an ATR 72–212 aeroplane blew out while 

performing a ground pressure test. 

The investigation revealed some anomalies 

on the forward side window at the level of 

the Z-bar on the windows external side and 

at the level of the inner retainer on the 

windows internal side. These anomalies are 

considered as precursors of this failure. 

* * * * * 

An in-flight loss of a forward side window 

could have catastrophic consequences for the 

aeroplane and/or cause injuries to people on 

the ground. The loss of the forward side 

window while the aeroplane is on the ground 

with a positive differential cabin pressure 

could also cause injuries to people inside or 

around the aeroplane. 

* * * * * 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

September 24, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of September 24, 2009. 

We must receive comments on this 

AD by October 9, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 


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W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• 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. 

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 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, 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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for Member States of the European 

Community, has issued EASA 

Emergency Airworthiness Directive 

2009–0159–E, dated July 20, 2009 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

A recent event occurred during which the 

LH [left-hand] forward side glass window of 

an ATR 72–212 aeroplane blew out while 

performing a ground pressure test. 

The investigation revealed some anomalies 

on the forward side window at the level of 

the Z-bar on the windows external side and 

at the level of the inner retainer on the 

windows internal side. These anomalies are 

considered as precursors of this failure. 

Air or water leakages between the Z-bar 

and the outer glass ply, or between the inner 

retainer and inner glass ply indicates the 

presence of deteriorating structural 

components in the window. 

It must also be noticed that neither ATR 

nor PPG Aerospace authorizes repairs on the 

window Z-bar/Z-bar sealant. 

Any attempted repairs on these forward 

side window Z-bars/Z-bar sealants could lead 

to a similar event that has originated this AD. 

An in-flight loss of a forward side window 

could have catastrophic consequences for the 

aeroplane and/or cause injuries to people on 

the ground. The loss of the forward side 

window while the aeroplane is on the ground 

with a positive differential cabin pressure 

could also cause injuries to people inside or 

around the aeroplane. 

Accordingly, this AD mandates initial and 

repetitive inspections of LH and RH [righthand] cockpit forward side glass windows 

and in case of discrepancies, the replacement 

of the window(s). 

Remark: Acrylic-based cockpit forward 

side windows are not concerned by this AD. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

PPG Aerospace has issued Service 

Bulletin NP–158862–001, dated July 8, 

2009. 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 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 issuing this 

AD because we evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between the 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 FAA policies. 

Any such differences are highlighted in 

a Note within the AD. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because an in-flight loss of a 

forward side window could have 

catastrophic consequences for the 

airplane or cause injuries to people on 

the ground. Therefore, we determined 

that notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–0786; 

Directorate Identifier 2009–NM–145– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of 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 AD. 

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; 


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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. 

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: 

2009–18–18 ATR—GIE Avions De 

Transport Re ́gional (Formerly 

Aerospatiale): Amendment 39–16014. 

Docket No. FAA–2009–0786; Directorate 

Identifier 2009–NM–145–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 24, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to ATR Model ATR42– 

200, –300, –320, and –500 airplanes and 

Model ATR72–101, –201, –102, –202, –211, 

–212, and –212A airplanes; certificated in 

any category; that are equipped with any PPG 

Aerospace cockpit forward side glass 

window having part number (P/N) NP– 

158862–1 or NP–158862–2. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 56: Windows. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

A recent event occurred during which the 

LH [left-hand] forward side glass window of 

an ATR 72–212 aeroplane blew out while 

performing a ground pressure test. 

The investigation revealed some anomalies 

on the forward side window at the level of 

the Z-bar on the windows external side and 

at the level of the inner retainer on the 

windows internal side. These anomalies are 

considered as precursors of this failure. 

Air or water leakages between the Z-bar 

and the outer glass ply, or between the inner 

retainer and inner glass ply indicates the 

presence of deteriorating structural 

components in the window. 

It must also be noticed that neither ATR 

nor PPG Aerospace authorizes repairs on the 

window Z-bar/Z-bar sealant. 

Any attempted repairs on these forward 

side window Z-bars/Z-bar sealants could lead 

to a similar event that has originated this AD. 

An in-flight loss of a forward side window 

could have catastrophic consequences for the 

aeroplane and/or cause injuries to people on 

the ground. The loss of the forward side 

window while the aeroplane is on the ground 

with a positive differential cabin pressure 

could also cause injuries to people inside or 

around the aeroplane. 

Accordingly, this AD mandates initial and 

repetitive inspections of LH and RH [righthand] cockpit forward side glass windows 

and in case of discrepancies, the replacement 

of the window(s). 

Remark: Acrylic-based cockpit forward 

side windows are not concerned by this AD. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Prior to the accumulation of 2,000 total 

flight cycles on any cockpit forward side 

window, or within 10 days after the effective 

date of this AD, whichever occurs later, 

inspect for damage and absence of repair of 

the cockpit forward side windows, in 

accordance with the Accomplishment 

Instructions of PPG Aerospace Service 

Bulletin NP–158862–001, dated July 8, 2009. 

If the total flight cycles on a given cockpit 

forward side window installed on an airplane 

cannot be established, the total flight cycles 

accumulated on the airplane must be used in 

determining the initial inspection time for 

the cockpit forward side window. 

(i) If any discrepant condition, as defined 

in PPG Aerospace Service Bulletin NP– 

158862–001, dated July 8, 2009, is found: 

Replace the window, in accordance with a 

method approved by the Manager, ANM–116, 

International Branch, Transport Airplane 

Directorate, FAA, or EASA (or its delegated 

agent), before further pressurized flight or 

within 10 days after the inspection, 

whichever occurs first. 

Note 1: Guidance on replacing windows 

may be found in ATR (ATR42) Aircraft 

Maintenance Manual (AMM) Job Instruction 

Card (JIC) 56–12–00 RAI 10000–011, dated 

February 2008; and ATR ATR72 AMM JIC 

56–12–00 RAI 10000–001, dated April 2008. 

Note 2: Guidance on unpressurized flight 

conditions and limitations may be found in 

Section 21–30–1, dated February 2008, of the 

ATR Master Minimum Equipment List; and 

Section 21–30–1, dated February 2008, of the 

ATR Dispatch Deviation Guide. 

(ii) If one of the conditions identified in 

paragraphs (f)(1)(ii)(a), (f)(1)(ii)(b), and 

(f)(1)(ii)(c) of this AD is found: Within 50 

flight cycles or 7 days after the inspection 

required by paragraph (f)(1) of this AD, 

whichever occurs later, repeat the inspection 

required in paragraph (f)(1) of this AD. Reinspect at intervals not to exceed 50 flight 

cycles or 7 days, whichever occurs later. 

When any discrepant condition, as defined in 

PPG Aerospace Service Bulletin NP–158862– 

001, dated July 8, 2009, is found: Replace the 

window, in accordance with a method 

approved by the Manager, ANM–116, 

International Branch, Transport Airplane 

Directorate, FAA, or EASA (or its delegated 

agent), before further pressurized flight or 

within 10 days after the inspection, 

whichever occurs first. 

(a) Sealant separation between the Z-bar 

and the outer glass ply, with depth less than 

or equal to 4 mm (0.160 in). 

(b) Sealant separation between inboard 

retainer and inner glass ply, with depth less 

than or equal to 7.5 mm (0.300 in) and 

cumulative length less than or equal to 300 

mm (12.000 in). 

(c) Window showing both sealant 

separation between the Z-bar and the outer 

ply, and separation between inboard retainer 

and inner glass ply, common to the same 

hole location with a length less than or equal 

to 225 mm (8.860 in), and not covering the 

entire arc of a window corner. 

(iii) If no discrepancy is found: Re-inspect 

the cockpit forward side windows at 

intervals not to exceed 550 flight hours, in 

accordance with the Accomplishment 

Instructions of PPG Aerospace Service 

Bulletin NP–158862–001, dated July 8, 2009. 

When any discrepant condition, as defined in 

PPG Aerospace Service Bulletin NP–158862– 

001, dated July 8, 2009, is found: Replace the 

window, in accordance with a method 

approved by the Manager, ANM–116, 

International Branch, Transport Airplane 

Directorate, FAA, or EASA (or its delegated 

agent), before further pressurized flight or 

within 10 days after the inspection, 

whichever occurs first. 

(2) Within 30 days after any inspection 

when damage or a discrepancy is found or 

within 30 days after the effective date of this 

AD, whichever occurs later, submit a detailed 

report of the findings to ATR in accordance 

with PPG Aerospace Service Bulletin NP– 

158862–001, dated July 8, 2009. 

FAA AD Differences 

Note 3: 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, ANM–116, 

International Branch. 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. 


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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 FAAapproved 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, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

(4) Special Flight Permits: We are 

permitting special flight permits provided 

that the airplane is unpressurized during 

flight. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) Emergency 

Airworthiness Directive 2009–0159–E, dated 

July 20, 2009; and PPG Aerospace Service 

Bulletin NP–158862–001, dated July 8, 2009; 

for related information. 

Material Incorporated by Reference 

(i) You must use PPG Aerospace Service 

Bulletin NP–158862–001, dated July 8, 2009, 

to do the actions required by this AD, unless 

the AD specifies otherwise. 

(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 PPG Aerospace, 12780 San 

Fernando Road, Sylmar, California 91342; 

telephone 818–362–6711; fax 818–362–0603; 

Internet http://corporateportal.ppg.com/na/ 

aerospace. 

(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 August 

26, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–21312 Filed 9–8–09; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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. 


jlentini on DSKJ8SOYB1PROD with RULES