DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
14 CFR Part 39
[Docket No. FAA-2009-0522; Directorate Identifier 2008-NM-127-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 that would supersede an existing AD. 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 number of * * * rudder spring tab lever assemblies [of the rudder]
were found cracked.
This condition, if not corrected, could lead to failure of the rudder
flight control system and consequent loss of control of the aircraft.* * *
* * * * * *
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 July 9, 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 W12-140, 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 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: Dan Rodina, Aerospace Engineer, Internat-
ional Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-2125; 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-2009-0522; Directorate
Identifier 2008-NM-127-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
On April 26, 2004, we issued AD 2004-09-16, Amendment 39-13605 (69 FR
24953, May 5, 2004). (A correction of that AD was published in the Federal
Register on May 12, 2004 (69 FR 26434)). That AD required actions intended
to address an unsafe condition on the products listed above.
Since we issued AD 2004-09-16, we have determined that it is necessary to
reduce the repetitive interval and require the replacement of certain
rudder spring tab lever assemblies.
The European Aviation Safety Agency (EASA), which is the Technical Agent
for the Member States of the European Community, has issued EASA
Airworthiness Directive 2008-0107, dated June 23, 2008 (referred to after
this as "the MCAI"), to correct an unsafe condition for the specified
products. The MCAI states:
On 14 March 2002, an incident occurred with a Dornier 328-100 where the
captain reported that the rudder was unresponsive. The aircraft landed
without any further difficulties. A visual inspection of the rudder
assembly was carried out and the spring tab assembly was found to be
cracked and partially missing. During subsequent inspections of other
aircraft, a number of additional rudder spring tab lever assemblies were
found cracked.
This condition, if not corrected, could lead to failure of the rudder
flight control system and consequent loss of control of the aircraft. To
address and correct this unsafe condition, LBA (Luftfahrt-Bundesamt)
issued AD 2003-383 and 2003-384 [which correspond to FAA AD 2004-09-16]
for the Dornier 328-100 and 328-300 respectively, to require the initial
and repetitive inspection of the rudder spring tab lever assembly and, in
case cracks were found, the replacement of the rudder spring tab lever
assembly with a serviceable unit.
The current TC (type certificate) holder of this type design, 328 Support
Services GmbH, has recently published Alert Service Bulletin ASB-328-27
-036, Revision 2, which reduces the inspection interval to A-check [400
FH] (400 flight hours). In addition, Service Bulletin SB-328-27-459 was
revised to change the compliance status from `optional' to `mandatory' and
instructs operators to replace the rudder spring tab lever assembly with
an improved unit P/N (part number) 001A272A4020-004, ending the need for
the repetitive inspections.
For the reasons described above, this EASA AD retains the repetitive
inspection requirements of LBA AD 2003-383, which is superseded, expands
the applicability to all serial numbers, reduces the inspection interval
to 400 [flight hours], and requires the replacement of the rudder spring
tab lever assembly with an improved unit P/N 001A272A4020-004, as
specified in SB-328-27-459.
The material used for the rudder spring tab lever assemblies on Model 328
-100 airplanes differs from the material used for the rudder spring tab
lever assemblies on Model 328-300 airplanes. Therefore, Model 328-300
airplanes are not affected by the new requirements in this NPRM. You may
obtain further information by examining the MCAI in the AD docket.
RELEVANT SERVICE INFORMATION
328 Support Services GmbH has issued Dornier 328 Service Bulletin SB-328
-27-459, Revision 2, dated February 8, 2008; and Dornier 328 Alert Service
Bulletin ASB-328-27-036, Revision 3, dated February 8, 2008. 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 112 products of U.S. registry.
The actions that are required by AD 2004-09-16 and retained in this
proposed AD affect 112 products of U.S. registry and take 1 work-hour per
product, at an average labor rate of $80 per work-hour. Based on these
figures, the estimated cost of the currently required actions is $8,960,
or $80 per product, per inspection cycle.
We estimate that it would take about 3 work-hours per product to comply
with the new basic requirements of this proposed AD and it would affect 16
products of U.S. registry. The average labor rate is $80 per work-hour.
Required parts would cost about $12,861 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 $209,616, or $13,101 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 responsib-
ilities 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 Proc-
edures (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 removing Amendment 39-13605 (69 FR 24953,
May 5, 2004), corrected at 69 FR 26434, May 12, 2004, and adding the
following new AD: