Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Proposed Rules 34511 

9, 2008, as applicable. Before an airplane 

may be dispatched with one spring missing 

or damaged, the instructions contained in 

Airbus A310 Operations Engineering Bulletin 

160/2, dated October 2008; or A300–600 

Operations Engineering Bulletin 121/1, dated 

May 2008; as applicable; must be 

accomplished by the flightcrew. 

(ii) If two springs are missing or found 

damaged during any inspection required by 

paragraph (f)(1) of this AD, before further 

flight, replace the springs in accordance with 

Airbus Mandatory Service Bulletin A310– 

25A2199 or A300–25A6210, both dated July 

9, 2008, as applicable. 

(2) Replacing parts in accordance with 

Airbus Mandatory Service Bulletin A310– 

25A2199 or A300–25A6210, both dated July 

9, 2008, as applicable, is not a terminating 

action for the repetitive inspections required 

in paragraph (f)(1) of this AD. 

(3) As of the effective date of this AD, do 

not install an IPECO pilot or co-pilot 

mechanical seat P/N 3A218–000X–01–1 on 

any airplane, unless the seat has been 

inspected and modified, as applicable in 

accordance with Airbus Mandatory Service 

Bulletin A310–25A2199 or A300–25A6210, 

both dated July 9, 2008, as applicable. 

(4) Within 6 months after the effective date 

of this AD, modify the airplane by replacing 

the pilot and co-pilot mechanical seats P/N 

3A218–000X–01–1 with P/N 3A218–000X– 

01–2 seats, in accordance with Airbus 

Mandatory Service Bulletin A310–25–2202 

or A300–25–6214, both dated February 3, 

2009, as applicable. 

(5) Installing both pilot and co-pilot seats 

P/N 3A218–000X–01–2 in accordance with 

Airbus Mandatory Service Bulletin A310–25– 

2202 or A300–25–6214, both dated February 

3, 2009, as applicable, on any airplane is a 

terminating action for the repetitive 

inspections required by paragraph (f)(1) of 

this AD for that airplane. 

(6) As of 6 months after the effective date 

of this AD, do not install an IPECO pilot or 

co-pilot mechanical seat P/N 3A218–000X– 

01–1 on any airplane. 

(7) Although Airbus Mandatory Service 

Bulletins A310–25A2199 and A300– 

25A6210, both dated July 9, 2008, specify to 

submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

Although the MCAI and service information 

request to submit reporting information to 

Airbus, paragraph (f)(7) of this AD specifies 

that such submittal is not required. 

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 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: Dan Rodina, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2125; 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 letter. 

(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. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2009– 

0045, dated February 27, 2009, and the 

service information listed in Table 1 of this 

AD for related information. 

TABLE 1—SERVICE INFORMATION

Airbus service information Date 

A300–600 Operations Engineering Bulletin 121/1 ........................................................................................................... May 2008. 

A310 Operations Engineering Bulletin 160/2 ................................................................................................................... October 2008. 

Mandatory Service Bulletin A300–25–6214 ..................................................................................................................... February 3, 2009. 

Mandatory Service Bulletin A300–25A6210 ..................................................................................................................... July 9, 2008. 

Mandatory Service Bulletin A310–25–2202 ..................................................................................................................... February 3, 2009. 

Mandatory Service Bulletin A310–25A2199 ..................................................................................................................... July 9, 2008. 

Issued in Renton, Washington, on July 6, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–16939 Filed 7–15–09; 8:45 am] 

BILLING CODE 4910–13–P 

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). 

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 rollout. 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: 

• 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 


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34512 Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Proposed Rules 

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 

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 rollout. 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; 


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Federal Register / Vol. 74, No. 135 / Thursday, July 16, 2009 / Proposed Rules 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. 

§ 39.13 [Amended] 

2. The FAA amends § 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 rollout. 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0642; Directorate 

Identifier 2009–NM–001–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Boeing Model 767 series airplanes. This 

proposed AD would require inspections 

for scribe lines in the fuselage skin at 

skin lap joints, the skin at certain 

external approved repairs, the skin 

around external features such as 

antennas, and the skin at decals; and 

related investigative and corrective 

actions if necessary. This proposed AD 


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