[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Proposed Rules]
[Pages 34511-34513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16940]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0616; Directorate Identifier 2009-NM-070-AD]
RIN 2120-AA64


Airworthiness Directives; 328 Support Services GmbH Dornier Model 
328-100 and -300 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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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:

    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.
* * * * *

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 August 17, 2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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

[[Page 34512]]

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 <a href="/cdn-cgi/l/email-protection#5e392d3d70312e1e6d6c662d2b2e2e312c2a703a3b"><span class="__cf_email__" data-cfemail="abccd8c885c4dbeb989993d8dedbdbc4d9df85cfce">[email protected]</span></a>; 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 or 425-227-1152.

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-2009-0616; 
Directorate Identifier 2009-NM-070-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 2009-0082, dated April 7, 2009 (referred to 
after this as ``the MCAI''), 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.

Relevant Service Information

    328 Support Services GmbH has issued Service Bulletins SB-328-25-
485 and SB-328J-25-235, both dated January 28, 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.

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 69 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on 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 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;

[[Page 34513]]

    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 (Formerly, AvCraft Aerospace GmbH, 
Formerly Fairchild Dornier GmbH, Formerly Dornier Luftfahrt GmbH): 
Docket No. FAA-2009-0616; Directorate Identifier 2009-NM-070-AD.

Comments Due Date

    (a) We must receive comments August 17, 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 Standards, 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, 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 (EASA) 
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.

    Issued in Renton, Washington, on July 6, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-16940 Filed 7-15-09; 8:45 am]
BILLING CODE 4910-13-P


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