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AGENCY: Federal Aviation Administration
(FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: We are adopting a new airworthiness directive (AD) for
all 328
Support Services GmbH (Type Certificate previously held by AvCraft
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model
328-100 and 328-300 airplanes. This AD was prompted by a manufacturer
safety analyses review on flight control which resulted in
recommendations for reduced repetitive inspection intervals for the
flight controls certification maintenance requirements (CMR) of the
tab-to-actuator linkage. This AD requires revising the airplane
maintenance program by incorporating certain CMR tasks. We are issuing
this AD to prevent failure of these components or their constituent
parts which could lead to reduced control of the airplane.
DATES: This AD becomes effective February 29, 2012.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 29,
2012.
ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA 1601
Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 227-
1137; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 5, 2011 (76
FR 61638). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
Based on in-service experience, the System Safety Analyses for
the Flight Controls have been reviewed and their conclusions have
been accepted during the latest Candidate Maintenance Coordination
Committee meeting.
This review resulted in reduced inspection intervals,
specifically for the flight controls tab-to-actuator linkage CMR
repetitive inspections, which have been identified as mandatory
actions for continued airworthiness.
Failure of these components or their constituent parts could
lead to reduced control of the aeroplane.
Consistent with the [European Aviation Safety Agency] EASA
policy to require compliance with any new and reduced airworthiness
limitations by taking AD action and for the reasons described above,
this EASA AD requires the accomplishment of the reduced-interval
repetitive inspections and, depending on findings, related
corrective action(s). In addition, this [EASA] AD requires the
implementation of the affected reduced inspection intervals and
associated corrective actions into the operator's approved
maintenance programme.
You may obtain further information by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (76 FR 61638, October 5,
2011) or on the determination of the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (76 FR 61638, October 5, 2011) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 61638, October 5, 2011).
Costs of Compliance
We estimate that this AD will affect 63 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $5,355, or $85 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 AD will not have federalism implications
under Executive Order 13132. This AD will 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 AD:
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 affect intrastate aviation in Alaska; and
4. 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 AD and placed it in the AD
docket.
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 the NPRM (76 FR 61638, October 5,
2011), 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:
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