DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0117; Product Identifier 2018-NM-169-AD; Amendment
39-19696; AD 2019-15-03]
RIN 2120-AA64

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), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
328 Support Services GmbH Model 328-100 airplanes. This AD was prompted
by a report indicating that undetected cracks may develop at the roll
spoiler bearing arms. This AD requires a one-time non-destructive test
(NDT) inspection for cracks in the roll spoiler bearing arms and, if
necessary, corrective actions. The agency is issuing this AD to address
the unsafe condition on these products.

DATES: This AD is effective September 19, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
19, 2019.

ADDRESSES: For service information identified in this final rule,
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 gsc.op@328support.de;
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 206-231-3195. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0117.

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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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.

SUPPLEMENTARY INFORMATION:

Discussion

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all 328 Support
Services GmbH Model 328-100 airplanes. The NPRM published in the
Federal Register on March 8, 2019 (84 FR 8482). The NPRM was prompted
by a report indicating that undetected cracks may develop at the roll
spoiler bearing arms. The NPRM proposed to require a one-time NDT
inspection for cracks in the roll spoiler bearing arms and, if
necessary, corrective actions.
The FAA is issuing this AD to address cracks at the roll spoiler
bearing arms, which, 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 airplane.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2018-0254R1, dated June 4, 2019 (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
connected.
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
instructions.
For the reasons described above, EASA issued AD 2018-0254 to
require a one-time NDT inspection of the affected parts and,
depending on findings, accomplishment of applicable corrective
action(s).
Since that [EASA] AD was issued, it was noted that an error had
been made in the compliance times, creating an inconsistency with
those in the ASB. This [EASA] AD is revised to correct those errors.

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.

Comments

The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Requests To Correct Compliance Time

The commenters, David Davidson and David Moreno, each requested
that the compliance time for accomplishing the NDT inspection specified
in paragraph (h) of the proposed AD be revised to require the
inspection within 2,500 flight hours (FH) after the effective date of
the proposed AD instead of within 2,500 flight cycles (FC) after the
effective date of the proposed AD. The commenters noted that a
compliance time counted in FC conflicts with the compliance time
specified in 328 Support Services Alert Service Bulletin ASB-328-57-
043, dated September 21, 2018. The commenters went on to point out that
using a compliance time counted in FH aligns with the regularly
scheduled A5 maintenance check.
The FAA agrees with the commenters' requests to revise the
specified compliance time from FC to FH. Since the agency issued the
NPRM, EASA issued 2018-0254R1, dated June 4, 2019, to correct the
identified error in the specified compliance time. The FAA has
discussed this change with EASA and determined that using a FH
compliance time will not adversely affect safety, and will allow the
modification to be performed during regularly scheduled maintenance.
Further, EASA and 328 Support Services GmbH provided data that confirms
that the difference between FH and FC for determining compliance time
is small, and the burden to the operator is minimal as a result of this
change. Therefore, where figure 1 to paragraph (h) of the proposed AD
used the phrase ``within 2,500 FC after the effective date of this
AD,'' the FAA has revised figure 1 to paragraph (h) of this final AD to
state ``within 2,500 FH after the effective date of this AD.''

Conclusion

The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The agency has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA has also determined that these changes will not increase
the economic burden on any operator or increase the scope of this final
rule.

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.

Costs of Compliance

The FAA estimates that this AD affects 27 airplanes of U.S.
registry. The agency estimates the following costs to comply with this
AD:

Estimated Costs for Required Actions

The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this 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
rulemaking action.
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 and associated appliances to the Director of the System
Oversight Division.

Regulatory Findings

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 12866,
(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
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 airworthiness
directive (AD):