```

[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Proposed Rules]
[Pages 54145-54148]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22226]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0912; Directorate Identifier 2011-NM-035-AD]
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 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 54146]]

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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:

    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.
* * * * *

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by October 17, 
2011.

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 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.
    For service information identified in this proposed 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. You may review copies of the referenced 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.

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 proposed 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 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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0912; 
Directorate Identifier 2011-NM-035-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2009-0196, dated September 4, 2009 (referred to 
after this as ``the MCAI''), 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 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 (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 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 328 Support Services 328-100 AFM; 
to introduce modification of the engine control box assembly. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    328 Support Services GmbH has issued Service Bulletin SB-328-76-
486, Revision 3, dated April 7, 2010; and Dornier 328-100 TRs 04-078, 
04-079, and 04-080, all dated March 15, 2010, to the Abnormal 
Procedures section of the 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 328 Support Services 328-100 AFM. 
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 Proposed 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 proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

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 proposed 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 proposed AD.

[[Page 54147]]

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 20 products of U.S. registry. We also estimate that 
it would take about 79 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would 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 the proposed AD on U.S. operators to 
be $848,300, or $42,415 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    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 proposed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

328 Support Services GmbH (Type Certificate Previously Held by 
AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt 
GmbH): Docket No. FAA-2011-0912; Directorate Identifier 2011-NM-035-
AD.

Comments Due Date

    (a) We must receive comments by October 17, 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 airplanes; all 
serial numbers; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 76: Engine 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (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.
* * * * *

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.

Modification

    (g) 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.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (h) Modifications done before the effective date of this AD in 
accordance with 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; are acceptable for compliance with the 
corresponding requirements of paragraph (g) of this AD.

Airplane Flight Manual Revisions

    (i) Concurrently with doing the modification required in 
paragraph (g) of this AD, revise the 328 Support Services 328-100 
Airplane Flight Manual (AFM) to include the information in the 
Dornier 328-100 temporary revisions (TRs) identified in table 1 of 
this AD. Operate the airplane according to the procedures in the 
TRs.

                                          Table 1--Temporary Revisions
----------------------------------------------------------------------------------------------------------------
             Subject--               Dornier 328-100 TR--      AFM Section--                  Dated--
----------------------------------------------------------------------------------------------------------------
Power lever aural alert test......  05-064, 05-065, and    Normal Procedures....  February 13, 2009.
                                     05-066.
Nuisance power lever aural alert..  04-078...............  Abnormal Procedures..  March 15, 2010.
Engine Indication and Crew          04-079 and 04-080....  Abnormal Procedures..  March 15, 2010.
 Alerting System (EICAS) caution
 ``Proxi System''.
----------------------------------------------------------------------------------------------------------------

    Note 1: Revising the AFM may be done by inserting copies of the 
TRs specified in table 1 of this AD, in the 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 are identical

[[Page 54148]]

to that in the TRs specified in table 1 of this AD, and these TRs 
may be removed.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) Although the MCAI tells you to do 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.
    (2) Although the MCAI and service information do not include 
revising the AFM, this AD includes that requirement. The TRs 
specified in table 1 of this AD 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.

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. 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 e-mailed 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.

Related Information

    (k) 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 Table 
1 of this AD; for related information.

    Issued in Renton, Washington, on August 23, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-22226 Filed 8-30-11; 8:45 am]
BILLING CODE 4910-13-P
```