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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0674; Product Identifier 2019-NM-079-AD; Amendment
39-21003; AD 2019-24-14]
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
certain 328 Support Services GmbH Model 328-100 airplanes. This AD was
prompted by a report of missing rivets on landing flap support arm 2.
This AD requires 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 is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective February 3, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 3, 2020.
ADDRESSES: For the material incorporated by reference (IBR) in this AD,
contact the EASA, 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
https://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 https://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 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; phone and fax: 206-231-3228.
SUPPLEMENTARY INFORMATION:
Discussion
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 FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain 328 Support
Services GmbH Model 328-100 airplanes. The NPRM published in the
Federal Register on September 9, 2019 (84 FR 47173). The NPRM was
prompted by a report of missing rivets on landing flap support arm 2.
The NPRM proposed to require an inspection of the landing flap support
arms for missing rivets and corrective actions if necessary.
The FAA is issuing this AD to address missing rivets, which could
lead to the loss of one of two load paths, reducing the fatigue life of
the affected flap arms and leading to fatigue cracking of the support
arms of the flaps, which could result in reduced structural integrity
of the airplane. See the MCAI for additional background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The agency received no comments on the NPRM
or on the determination of the cost to the public.
Conclusion
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA 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.
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 arm
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.
Costs of Compliance
The FAA estimates that this AD affects 22 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Labor cost
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Parts cost
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Cost per product
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Cost on U.S. operators
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| 6 work-hours x $85 per hour = $510 |
$0
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$510
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$11,220
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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
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Labor cost
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Parts cost
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Cost per product
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| 4 work-hours x $85 per hour = $340 |
$27
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$367
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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 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):
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