DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0674; Product Identifier 2019-NM-079-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: The FAA proposes to adopt a new airworthiness directive
for certain 328 Support Services GmbH Model 328-100 airplanes. This
proposed AD was prompted by a report of missing rivets on landing flap
support arm 2. This proposed AD would require an inspection of the
landing flap support arms for missing rivets and corrective actions if
necessary, as specified in a European Union Aviation Safety Agency
(EASA) AD, which will be incorporated by reference. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by October
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 the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, at Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; phone: +49 221 89990 1000; email:
ADs@easa.europa.eu; internet: www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material 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 206-231-3195. It is also available in the AD
docket on the internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0674.
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-2019-0674;
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 is listed above.
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; phone and fax: 206-231-3228.
The FAA invites 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-2019-0674;
Product Identifier 2019-NM-079-AD" at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
The FAA will post all comments, without change, to http://www.regulations.
gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this NPRM.
The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0096, dated April 30, 2019
("EASA AD 2019-0096") (also referred to as the Mandatory Continuing
Airworthiness Information, or "the MCAI"), to correct an unsafe
condition for certain 328 Support Services GmbH Model 328-100
airplanes. The MCAI states:
Missing rivets on landing flap support arm 2 were noticed by
Dornier Fairchild Quality Assurance. The landing flap support arm
manufacturer did not install the rivets on flap arms installed on
Group 1 aeroplanes.
This condition, if not detected and corrected, could lead to the
loss of one of two load paths, reducing the fatigue life of the
affected flap arms.
To address this unsafe condition, Fairchild-Dornier issued the
SB [Dornier Service Bulletin SB-328-57-239] to provide modification
instructions for certain aeroplanes and, consequently, [Luftfahrt-
Bundesamt] (LBA) Germany issued AD 97-328 [which corresponds to FAA
AD 98-23-16, Amendment 39-10884 (63 FR 63397, November 13, 1998)
("AD 98-23-16")] to require installation of two fasteners on the
affected landing flap arms.
Since that [LBA Germany] AD was issued, during a scheduled
maintenance inspection of a Group 2 aeroplane (not affected by the
LBA Germany AD), missing rivets were identified, indicating that
some Group 2 aeroplanes may not have been retrofitted during
For the reasons described above, this [EASA] AD retains the
requirements of LBA Germany AD 97-328, which is superseded, requires
a one-time inspection of Group 2 aeroplanes and, depending on
findings, installation of two fasteners on the flap support arms.
Related IBR Material Under 1 CFR Part 51
EASA AD 2019-0096 describes procedures for an inspection of the
landing flap support arms for missing rivets, which includes a special
detailed inspection (eddy current) of the landing flap support 2 along
the edges and around the rivets for cracks, and corrective actions.
Corrective actions include installing rivets and repairing cracks.
This material 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.
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 the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0096 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD and except as discussed under "Differences
Between this Proposed AD and the MCAI."
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2019-0096
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2019-0096 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
"all required actions and compliance times," compliance with this AD
requirement is not limited to the section titled "Required Action(s)
and Compliance Time(s)" in the EASA AD. Service information specified
in EASA AD 2019-0096 that is required for compliance with EASA AD 2019-
0096 will be available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0674 after the FAA final
rule is published.
Differences Between This Proposed AD and the MCAI
The applicability of EASA AD 2019-0096, dated April 30, 2019,
includes 328 Support Services GmbH Model 328-100 airplanes serial
numbers 3032 through 3086 inclusive. However, the applicability of this
proposed AD only includes 328 Support Services GmbH Model 328-100
airplanes serial numbers 3032 through 3063 inclusive. The FAA issued AD
98-23-16 to correct the unsafe condition for 328 Support Services GmbH
Model 328-100 airplanes serial numbers 3064 through 3086 inclusive.
EASA AD 2019-0096 did not state a corrective action if any cracking
is found during the required inspection. This proposed AD would require
repair of any cracking.
Costs of Compliance
The FAA estimates that this proposed AD affects 22 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
|6 work-hours x $85 per hour =
The FAA estimates the following costs
to do any necessary on-
condition installation that would be required based on the results of
any required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition installation:
Estimated Costs of On-Condition Installation
x $85 per hour = $340
The FAA has received no
definitive data that would enable the FAA
to provide cost estimates for the on-condition crack repairs specified
in this proposed AD.
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.
The FAA is 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 and associated appliances to the
Director of the System Oversight Division.
The FAA 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
(2) Will not affect intrastate aviation in Alaska, 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.
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