DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0117; Product Identifier 2018-NM-169-AD]
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: Notice of proposed rulemaking (NPRM).
SUMMARY: We propose to adopt a new airworthiness directive (AD)
328 Support Services GmbH Model 328-100 airplanes. This proposed AD was
prompted by a report indicating that undetected cracks may develop at
the roll spoiler bearing arms. This proposed AD would require a one-
time non-destructive test (NDT) inspection for cracks in the roll
spoiler bearing arms and, if necessary, corrective actions. We are
proposing this AD to address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by April 22,
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
instructions 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: Deliver to Mail address above between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this NPRM, 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; email email@example.com; internet http://
www.328support.de. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
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-2019-0117;
or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 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, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3228.
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include "Docket No. FAA-2019-0117;
Product Identifier 2018-NM-169-AD" at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of 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 NPRM.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2018-0254, dated November 23, 2018 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
"the MCAI"), to correct an unsafe condition for all 328 Support
Services GmbH Model 328-100 airplanes. The MCAI states:
Dornier 328 Maintenance Review Board Report provides
instructions for a detailed inspection for the roll spoilers,
including the bearing arms, by eddy current [EC] method. It was
reported that whilst performing Maintenance Planning Document Task
57-71-03-02-01, referring to Non-Destructive Test (NDT) Manual task
57-71-03-318-000-AA0, the stacking of 6 parts at the bearing arm No.
3 prevents detection of cracks with the given EC test settings. The
NDT results are distorted by geometric features such as part edges
and fastener installations. Furthermore, the access to certain areas
is limited for the suggested NDT probe for geometrical reasons. The
result of the technical investigation identified that undetected
cracks may develop at the roll spoiler bearing arms, leading to a
broken (disconnected) bearing arm No. 3, where the actuator is
This condition, if not detected and corrected, could lead to a
roll spoiler becoming unresponsive to flight crew control inputs,
possibly resulting in loss of control of the aeroplane.
To address this potential unsafe condition, 328 SSG published
the ASB [328 Support Services Alert Service Bulletin ASB-328-57-043,
dated September 21, 2018] to provide appropriate inspection
For the reasons described above, this [EASA] AD requires a one-
time NDT inspection of the affected parts and, depending on
findings, accomplishment of applicable corrective action(s) [repair
of cracked parts].
You may examine the MCAI in the AD docket on the internet at http://www.
regulations.gov by searching for and locating Docket No. FAA-2019-0117.
Related Service Information Under 1 CFR Part 51
328 Support Services has issued Alert Service Bulletin ASB-328-57-
043, dated September 21, 2018. This service information describes
procedures for a one-time NDT inspection for cracks in the roll spoiler
bearing arms. This service information is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
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 the relevant information and determined the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require accomplishing the actions specified
in the service information described previously.
Differences Between This Proposed AD and the MCAI or Service
Although the MCAI and 328 Support Services Alert Service Bulletin
ASB-328-57-043, dated September 21, 2018, specify to submit certain
information to the manufacturer, this AD does not include that
Costs of Compliance
We estimate that this proposed AD affects 27 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
Estimated Costs for Required Actions
|8 work-hours x $85 per hour =
We have received no definitive data
that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
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
This proposed 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
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
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
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 airworthiness