Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 12163 

(q) Restatement of Requirements of AD 

2006–14–05, Amendment 39–14676 (71 FR 

38979, July 11, 2006), With Revised Service 

Information: Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraphs of (g) through (q) of 

this AD, if those actions were performed 

before August 15, 2006 (the effective date of 

AD 2006–14–05, Amendment 39–14767 (71 

FR 38979, July 11, 2006), using Bombardier 

Alert Service Bulletin A670BA–32–016, 

dated June 2, 2005. 

(r) New Requirements of This AD: 

Terminating Modification for MLG Door 

Configuration 

Within 6,000 flight hours after the effective 

date of this AD, modify the MLG door, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

670BA–32–017, Revision C, dated May 14, 

2010. Doing this modification terminates the 

requirements of this AD. 

(s) New Requirements of This AD: Credit for 

Previous Actions 

This paragraph provides credit for the 

modification of the MLG door required by 

paragraph (r) of this AD, if the modification 

was performed before the effective date of 

this AD using Bombardier Service Bulletin 

670BA–32–017, dated July 24, 2006; Revision 

A, dated September 26, 2006; or Revision B, 

dated July 31, 2008; as applicable. 

(t) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York ACO, 

ANE–170, 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: Program Manager, 

Continuing Operational Safety, FAA, New 

York ACO, 1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone 516– 

228–7300; fax 516–794–5531. Before using 

any approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. The AMOC approval letter 

must specifically reference this AD. AMOCs 

approved previously in accordance with AD 

2006–14–05, Amendment 39–14676 (71 FR 

38979, July 11, 2006), are acceptable for 

compliance with 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. 

(u) Related Information 

Refer to MCAI TCCA Airworthiness 

Directive CF–2003–23R3, dated May 21, 

2010, and the following service information 

for related information: 

(1) Bombardier Alert Service Bulletin 

A670BA–32–016, Revision F, dated May 14, 

2010, excluding Appendix A, dated June 2, 

2005, and including Appendix B, dated June 

2, 2005. 

(2) Bombardier Service Bulletin 670BA– 

32–017, Revision C, dated May 14, 2010. 

(v) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51: 

(i) Bombardier Service Bulletin 670BA–32– 

017, Revision C, dated May 14, 2010. 

(ii) Bombardier Alert Service Bulletin 

A670BA–32–016, Revision F, dated May 14, 

2010, excluding Appendix A, dated June 2, 

2005, and including Appendix B, dated June 

2, 2005. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; email 

thd.crj@aero.bombardier.com; Internet http:// 

www.bombardier.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. 

(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/ 

cfr/ibr_locations.html. 

Issued in Renton, Washington, on January 

27, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–4449 Filed 2–28–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0912; Directorate 

Identifier 2011–NM–035–AD; Amendment 

39–16962; AD 2012–04–06] 

RIN 2120–AA64 

Airworthiness Directives; 328 Support 

Services GmbH (Type Certificate 

Previously Held by AvCraft Aerospace 

GmbH; Fairchild Dornier GmbH; 

Dornier Luftfahrt GmbH) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 328 

Support Services GmbH (Type 

Certificate Previously Held by AvCraft 

Aerospace GmbH; Fairchild Dornier 

GmbH; Dornier Luftfahrt GmbH) Model 

328–100 airplanes. This proposed AD 

was prompted by several runway 

excursion incidents and a single 

accident where the power lever could 

not be operated as intended during the 

landing roll-out on Model Dornier 328– 

100 airplanes. This proposed AD would 

require a modification of the engine 

control box assembly. We are proposing 

this AD to prevent runway excursion, 

which could result in damage to the 

airplane and injury to the occupants. 

DATES: This AD becomes effective April 

4, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 4, 2012. 

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, WA 

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 August 31, 2011 (76 FR 

54145). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Several runway excursion incidents and a 

single accident have occurred in the past 

with Dornier 328–100 aeroplanes, where the 

power lever could not be operated as 

intended during the landing roll-out. * * * 

Recurrence of such an event under similar 

conditions, if not corrected, could result in 

further cases of runway excursion, possibly 

resulting in damage to the aeroplane and 

injury to the occupants. 

A modification to the power lever control 

box [i.e., engine control box assembly] has 

been designed to prevent further power lever 

handling difficulties. 

For the reasons described above, this 

[EASA] AD requires a modification of the 

power lever control box as a retrofit for the 

entire fleet of 328–100 aeroplanes. 

The required actions also include 

revising the airplane flight manual 


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12164 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 

(AFM) to include Dornier 328–100 

Temporary Revisions (TR) 04–078, 04– 

079, and 04–080, all dated March 15, 

2010, to the Abnormal Procedures 

section of the Dornier (328 Support 

Services) 328–100 AFM; and Dornier 

328–100 TRs 05–064, 05–065, and 05– 

066, all dated February 13, 2009, to the 

Normal Procedures section of the 

Dornier (328 Support Services) 328–100 

AFM. 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 Change Work Hours 

328 Support Services GmbH 

requested we revise the Cost of 

Compliance section of the NPRM (76 FR 

54145, August 31, 2011). The 

commenter stated that the estimate of 79 

work-hours specified in the NPRM is 

too low and should be changed to 99 

work-hours as specified in 328 Support 

Services Service Bulletin SB–328–76– 

486, Revision 3, dated April 7, 2010. 

We agree that the number of work 

hours required is higher than our 

previous estimate. The cost impact 

information in this AD has been revised 

to indicate this higher amount. 

Conclusion 

We reviewed the available data, 

including the comment received, 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 

Although the MCAI specifies doing an 

inspection for discrepancies, 328 

Support Services Service Bulletin SB– 

328–76–486, Revision 3, dated April 7, 

2010, does not include this action. The 

off-wing inspection included in the 

MCAI is not required to address the 

unsafe condition. The modification 

addresses the identified unsafe 

condition. Therefore, this AD does not 

include that requirement. 

Although the MCAI and service 

information do not include revising the 

AFM, this AD includes that 

requirement. The TRs specified below 

introduce pre-flight operational tests of 

the warning system modification, along 

with abnormal procedures that provide 

guidance to the flightcrew in the event 

of various potential warning system 

faults. These procedures must be 

adopted at the same time the 

modification is installed to ensure 

proper use and operation of the power 

lever warning system. This has been 

coordinated with EASA. 

• Dornier 320–100 TR 04–078, dated 

March 15, 2010, for the nuisance power 

lever aural alert. 

• Dornier 328–100 TR 04–079 and 

04–080, both dated March 15, 2010, for 

the engine indication and crew alerting 

system (EICAS) caution ‘‘Proxi System.’’ 

• Dornier 328–100 TRs 05–064, 05– 

065, and 05–066, all dated February 13, 

2009, for the power level aural alert test. 

Costs of Compliance 

We estimate that this AD will affect 

20 products of U.S. registry. We also 

estimate that it will take about 99 workhours 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 $35,700 

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 

$882,300, or $44,115 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 that 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); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. 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 (76 FR 54145, 

August 31, 2011), 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: 

2012–04–06 328 Support Services GmbH 

(Type Certificate Previously Held by 

AvCraft Aerospace GmbH; Fairchild 

Dornier GmbH; Dornier Luftfahrt 

GmbH): Amendment 39–16962. Docket 

No. FAA–2011–0912; Directorate 

Identifier 2011–NM–035–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective April 4, 2012. 

(b) Affected ADs 

None. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 12165 

(c) Applicability 

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 airplanes; all serial numbers; certificated 

in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 76: Engine Controls. 

(e) Reason 

This AD was prompted by several runway 

excursion incidents and a single accident 

where the power lever could not be operated 

as intended during the landing roll-out on 

Model Dornier 328–100 airplanes. We are 

issuing this AD to prevent runway excursion, 

which could result in damage to the airplane 

and injury to the occupants. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Modification 

Within 15 months after the effective date 

of this AD, modify the engine control box 

assembly with additional aural alerting 

function and a revised power lever guiding 

gate, in accordance with the 

Accomplishment Instructions of 328 Support 

Services Service Bulletin SB–328–76–486, 

Revision 3, dated April 7, 2010. 

(h) Credit for Previous Actions 

This paragraph provides credit for the 

modification required by paragraph (g) of this 

AD, if the modification was performed before 

the effective date of this AD using 328 

Support Services Service Bulletin SB–328– 

76–486, dated July 15, 2009; Revision 1, 

dated March 2, 2010; or Revision 2, dated 

March 11, 2010. 

(i) Airplane Flight Manual Revisions 

Concurrently with doing the modification 

required in paragraph (g) of this AD, revise 

the Dornier (328 Support Services) 328–100 

Airplane Flight Manual (AFM) to include the 

information in the Dornier 328–100 

temporary revisions (TRs) identified in 

paragraphs (i)(1), (i)(2), and (i)(3) of this AD. 

Operate the airplane according to the 

procedures in those TRs. 

(1) For the power lever aural alert test: 

(i) Dornier 328–100 TR 05–064, dated 

February 13, 2009, to the Normal Procedures 

section of the Dornier (328 Support Services) 

328–100 AFM. 

(ii) Dornier 328–100 TR 05–065, dated 

February 13, 2009, to the Normal Procedures 

section of the Dornier (328 Support Services) 

328–100 AFM. 

(iii) Dornier 328–100 TR 05–066, dated 

February 13, 2009, to the Normal Procedures 

section of the Dornier (328 Support Services) 

328–100 AFM. 

(2) For the nuisance power lever aural 

alert: Dornier 328–100 TR 4–078, dated 

March 15, 2010, to the Abnormal Procedures 

section of the Dornier (328 Support Services) 

328–100 ATM. 

(3) For the engine indication and crew 

alerting system (EICAS) caution ‘‘Proxi 

System:’’ 

(i) Dornier 328–100 TR 04–079, dated 

March 15, 2010, to the Abnormal Procedures 

section of the Dornier (328 Support Services) 

328–100 ATM. 

(ii) Dornier 328–100 TR 04–080, dated 

March 15, 2010, to the Abnormal Procedures 

section of the Dornier (328 Support Services) 

328–100 ATM. 

Note 1 to paragraph (i) of this AD: 

Revising the AFM may be done by inserting 

copies of the TRs specified in paragraphs 

(i)(1), (i)(2), and (i)(3) of this AD, in the 

Dornier (328 Support Services) 328–100 

AFM. When these TRs have been included in 

general revisions of this AFM, the general 

revisions may be inserted in the AFM, 

provided the relevant information in the 

general revision of this AFM is identical to 

that in the TRs specified in paragraphs (i)(1), 

(i)(2), and (i)(3) of this AD, and these TRs 

may be removed. 

(j) Other FAA AD Provisions 

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. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it 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. Information may be emailed to: 

9-ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding 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. 

(k) Related Information 

Refer to MCAI EASA Airworthiness 

Directive 2009–0196, dated September 4, 

2009; 328 Support Services Service Bulletin 

SB–328–76–486, Revision 3, dated April 7, 

2010; and the TRs specified in paragraphs 

(i)(1), (i)(2), and (i)(3) of this AD; for related 

information. 

(l) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51: 

(i) 328 Support Services Service Bulletin 

SB–328–76–486, Revision 3, dated April 7, 

2010. The revision level and date of this 

document are shown only on the oddnumbered pages of the document. 

(ii) Dornier 328–100 Temporary Revision 

04–078, dated March 15, 2010, to the 

Abnormal Procedures section of the Dornier 

(328 Support Services) 328–100 Airplane 

Flight Manual. 

(iii) Dornier 328–100 Temporary Revision 

04–079, dated March 15, 2010, to the 

Abnormal Procedures section of the Dornier 

(328 Support Services) 328–100 Airplane 

Flight Manual. 

(iv) Dornier 328–100 Temporary Revision 

04–080, dated March 15, 2010, to the 

Abnormal Procedures section of the Dornier 

(328 Support Services) 328–100 Airplane 

Flight Manual. 

(v) Dornier 328–100 Temporary Revision 

05–064, dated February 13, 2009, to the 

Normal Procedures section of the Dornier 

(328 Support Services) 328–100 Airplane 

Flight Manual. 

(vi) Dornier 328–100 Temporary Revision 

05–065, dated February 13, 2009, to the 

Normal Procedures section of the Dornier 

(328 Support Services) 328–100 Airplane 

Flight Manual. 

(vii) Dornier 328–100 Temporary Revision 

05–066, dated February 13, 2009, to the 

Normal Procedures section of the Dornier 

(328 Support Services) 328–100 Airplane 

Flight Manual. 

(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; email 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 February 

13, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–4362 Filed 2–28–12; 8:45 am] 

BILLING CODE 4910–13–P 


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