Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Proposed Rules 60659 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0955; Directorate 

Identifier 2010–NM–013–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 and –300 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

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: 

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. 

* * * * * 

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 November 15, 

2010. 

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–2010–0955; Directorate Identifier 

2010–NM–013–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 have lengthened the 30-day 

comment period for proposed ADs that 

address MCAI originated by aviation 

authorities of other countries to provide 

adequate time for interested parties to 

submit comments. The comment period 

for these proposed ADs is now typically 

45 days, which is consistent with the 

comment period for domestic transport 

ADs. 

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 2009–0266, 

dated December 17, 2009 (referred to 

after this as ‘‘the MCAI’’), 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. 

Relevant Service Information 

328 Support Services GmbH has 

issued Service Bulletins SB–328–27– 

488 (for Model 328–100 airplanes), and 

SB–328J–27–237 (for Model 328–300 

airplanes), both dated August 25, 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 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. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
60660 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Proposed Rules 

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. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 33 products of U.S. registry. 

We also estimate that it would take 

about 6 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 $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 costs. 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 

$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 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 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–2010–0955; Directorate 

Identifier 2010–NM–013–AD. 

Comments Due Date 

(a) We must receive comments by 

November 15, 2010. 

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 a 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Proposed Rules 60661 

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 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 

(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 

(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– 

237, both dated August 25, 2009; for related 

information. 

Issued in Renton, Washington, on 

September 23, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–24716 Filed 9–30–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1098; Directorate 

Identifier 2008–NM–108–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 747–100, 747–100B, 

747–100B SUD, 747–200B, 747–200C, 

747–200F, 747–300, 747SR, and 747SP 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for certain Model 747–100, 747–100B, 

747–100B SUD, 747–200B, 747–200C, 

747–200F, 747–300, 747SR, and 747SP 

series airplanes. The original NPRM 

would have required adding two new 

indicator lights on the P10 panel to 

inform the captain and first officer of a 

low pressure condition in the left and 

right override/jettison pumps of the 

center wing tanks. The original NPRM 

would also have required replacing the 

left and right override/jettison switches 

on the M154 fuel control module on the 

P4 panel with improved switches and 

doing the associated wiring changes. 

The original NPRM would have also 

required a revision to the maintenance 

program to incorporate airworthiness 

limitation No. 28–AWL–22. The original 

NPRM resulted from fuel system 

reviews conducted by the manufacturer. 

This action revises the original NPRM 

by adding a revision to the airplane 

flight manual to advise the flightcrew 

what to do in the event that the pump 

low pressure light on the flight 

engineer’s panel does not illuminate 

when the pump is selected off; and 

requiring, for certain airplanes, 

installation of a mounting bracket for 

the new indicator lights. We are 

proposing this supplemental NPRM to 

prevent uncommanded operation of the 

override/jettison pumps of the center 

wing tanks, and failure to manually shut 

off the override/jettison pumps at the 

correct time, either of which could lead 

to an ignition source inside the center 

wing tank. This condition, in 

combination with flammable fuel 

vapors, could result in a center fuel tank 

explosion and consequent loss of the 

airplane. 

DATES: We must receive comments on 

this supplemental NPRM by October 26, 

2010. 

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 

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

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 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 Management Facility 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 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: 

Douglas Bryant, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6505; fax (425) 917–6590. 

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–2008–1098; Directorate Identifier 

2008–NM–108–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 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 proposed AD. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS