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[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Rules and Regulations]
[Pages 419-421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32982]

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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / 
Rules and Regulations

[[Page 419]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0955; Directorate Identifier 2010-NM-013-AD; 
Amendment 39-16560; AD 2011-01-07]
RIN 2120-AA64

Airworthiness Directives; 328 Support Services GmbH (Type 
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild 
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 and -300 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    During maintenance on a 328-100 aeroplane, a crack was found on 
a trim tab fitting assembly. The cause of the cracking was 
identified as stress corrosion.
    This condition, if not corrected, could lead to in-flight 
failure of the tab fitting, possibly resulting in loss of control of 
the aeroplane.

* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective February 9, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 9, 
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on October 1, 2010 (75 
FR 60659). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During maintenance on a 328-100 aeroplane, a crack was found on 
a trim tab fitting assembly. The cause of the cracking was 
identified as stress corrosion.
    This condition, if not corrected, could lead to in-flight 
failure of the tab fitting, possibly resulting in loss of control of 
the aeroplane. To address this unsafe condition, the TC [type 
certificate] holder has developed new aileron trim tab fittings and 
rudder spring tab fitting, using a material that is more resistant 
to stress corrosion. The improved material rudder spring tab 
fittings were introduced on the production line for the Model 328-
300 and for 328-100 aeroplanes with a s/n [serial number] higher 
than 3098.
    For the reasons described above, this AD requires the * * * 
replacement of [certain] aileron trim tab fittings and [certain] 
rudder spring tab fitting[s].

You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimated that this AD will affect 33 products of U.S. registry. 
We also estimate that it will take 6 work-hours per product to comply 
with the basic requirements of this AD. The average labor rate is $85 
per work-hour. Required parts will cost about $2,252 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
parts. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of this AD to the U.S. operators to be 
$91,146, or $2,762 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on

[[Page 420]]

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:

2011-01-07 328 Support Services GmbH (Type Certificate Previously 
Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier 
Luftfahrt GmbH): Amendment 39-16560. Docket No. FAA-2010-0955; 
Directorate Identifier 2010-NM-013-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
9, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 328 Support Services GmbH (Type 
Certificate previously held by AvCraft Aerospace GmbH; Fairchild 
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 and -300 
airplanes, certificated in any category, as specified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (1) Model 328-100 airplanes, all serial numbers, with part 
number (P/N) 001B576A2101000 left-hand (LH) or P/N 001B576A2101003 
right-hand (RH) aileron trim tab fittings installed, or P/N 
001A554A1711000 rudder spring tab fitting installed.
    (2) Model 328-300 airplanes, all serial numbers, with P/N 
001B576A2101000 (LH) or P/N 001B576A2101003 (RH) aileron trim tab 
fittings installed.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During maintenance on a 328-100 aeroplane, a crack was found on 
a trim tab fitting assembly. The cause of the cracking was 
identified as stress corrosion.
    This condition, if not corrected, could lead to in-flight 
failure of the tab fitting, possibly resulting in loss of control of 
the aeroplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) For Model 328-100 airplanes: Within 6 months after the 
effective date of this AD, replace the aileron trim tab fittings P/N 
001B576A2101000 (LH) and P/N 001B576A2101003 (RH) with P/N 
001B576A2101004 (LH) and P/N 001B576A2101007 (RH) respectively; and 
replace the rudder spring tab fitting P/N 001A554A1711000 with P/N 
001A554A1711006; in accordance with the Accomplishment Instructions 
of 328 Support Services Service Bulletin SB-328-27-488, dated August 
25, 2009.
    (h) For Model 328-300 airplanes: Within 6 months after the 
effective date of this AD, replace the aileron trim tab fittings P/N 
001B576A2101000 (LH) and P/N 001B576A2101003 (RH) with P/N 
001B576A2101004 (LH) and P/N 001B576A2101007 (RH) respectively, in 
accordance with the Accomplishment Instructions of 328 Support 
Services Service Bulletin SB-328J-27-237, dated August 25, 2009.
    (i) After replacing the fittings as specified in paragraphs (g) 
and (h) of this AD, do not install P/N 001B576A2101000 (LH) or P/N 
001B576A2101003 (RH) aileron trim tab fittings, or P/N 
001A554A1711000 rudder spring tab fittings, on any airplane.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom 
Rodriguez, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1137; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave., 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Related Information

    (k) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2009-0266, dated December 17, 2009; and 328 
Support Services Service Bulletins SB-328-27-488 and SB-328J-27-

[[Page 421]]

237, both dated August 25, 2009; for related information.

Material Incorporated by Reference

    (l) You must use 328 Support Services Service Bulletin SB-328-
27-488, dated August 25, 2009; or 328 Support Services Service 
Bulletin SB-328J-27-237, dated August 25, 2009; as applicable, to do 
the actions required by this AD, unless the AD specifies otherwise. 
(The document date is only referenced on the odd-numbered pages of 
these documents.)
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 328 
Support Services GmbH, Global Support Center, P.O. Box 1252, D-82231 
Wessling, Federal Republic of Germany; telephone +49 8153 88111 
6666; fax +49 8153 88111 6565; e-mail gsc.op@328support.de; Internet 
http://www.328support.de.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 17, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-32982 Filed 1-4-11; 8:45 am]
BILLING CODE 4910-13-P
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