DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0026; Product Identifier 2016-NM-157-AD; Amendment
39-19175; AD 2018-03-02]
Airworthiness Directives; 328 Support Services GmbH (Type
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
SUMMARY: We are adopting a new airworthiness directive (AD) for
328 Support Services GmbH Model 328-300 airplanes. This AD requires
contacting the FAA to obtain instructions for addressing the unsafe
condition on these products, and doing the actions specified in those
instructions. This AD was prompted by a determination that incomplete
inspection instructions exist for the skin under outer and inner
doublers left installed after the removal of a certain data link
system. We are issuing this AD to address the unsafe condition on these
DATES: This AD becomes effective February 23, 2018.
We must receive comments on this AD by March 26, 2018.
ADDRESSES: You may send comments, using the procedures found in
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
for submitting comments.
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.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2018-0026;
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 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: Todd Thompson, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW, Renton, WA 98057-3356; telephone: 425-227-1175; fax: 425-
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2016-0155, dated August 2, 2016 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain 328 Support Services GmbH Model
328-300 airplanes. The MCAI states:
The Teledyne Telelink System, installed in accordance with FAA
Supplemental Type certificate (STC) SA09839S, has been removed from
Dornier 328-300 aeroplanes. After removal, the outer and inner
doubler, installed per STC instructions, have been left installed.
These structural parts, not being part of the original aeroplane
design, are not addressed by the aeroplane Instructions for
Continued Airworthiness, and no specific inspections instructions
for the skin under the doublers are available. Consequently, a crack
under the installed doublers cannot be detected as per standard
This condition could lead to undetected skin cracks that, if not
corrected, could lead to skin failure, possibly resulting in a rapid
depressurization of the aeroplane and consequently injury to
occupants or loss of structural integrity of the aeroplane.
To address this unsafe condition, 328 Support Services issued
Service Bulletin SB-328J-53-320 that introduces a repetitive
inspection, and defines as well maintenance requirements due to
differences to the original Type Certificate-configuration.
For the reason stated above, this [EASA] AD requires repetitive
inspection of skin doublers and structural members and, depending on
findings, accomplishment of structural repair.
You may examine the MCAI on the internet at http://www.regulations.gov
searching for and locating Docket No. FAA-2018-0026.
FAA's Determination and Requirements of This 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. We are
issuing this AD because we evaluated all pertinent information and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
FAA's Determination of the Effective Date
Since there are currently no domestic operators of this product, we
find good cause that notice and opportunity for prior public comment
are unnecessary. In addition, for the reason(s) stated above, we find
that good cause exists for making this amendment effective in less than
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2018-0026; Product
Identifier 2016-NM-157-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD based on
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 AD.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. This AD
requires contacting the FAA to obtain instructions for addressing the
unsafe condition, and doing the actions specified in those
instructions. Based on the actions specified in the MCAI AD, we are
providing the following cost estimates for an affected airplane that is
placed on the U.S. Register in the future:
||5 work-hours x $85 per hour =
$425 per inspection cycle
||$0 per inspection cycle
||$425 per inspection cycle
We have received no definitive data
that would enable us to provide
cost estimates for any on-condition actions.
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
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
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.
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 that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
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 airworthiness