[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Rules and Regulations]
[Pages 53151-53153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24448]



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

[[Page 53151]]



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 roll-out. 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 roll-out. 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 work-hour 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

[[Page 53152]]

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 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 roll-out. 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

[[Page 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 <a href="/cdn-cgi/l/email-protection#b9decada97d6c9f98a8b81caccc9c9d6cbcd97dddc"><span class="__cf_email__" data-cfemail="87e0f4e4a9e8f7c7b4b5bff4f2f7f7e8f5f3a9e3e2">[email protected]</span></a>; 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


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