DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0088; Product Identifier 2019-NM-195-AD]
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), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2004-06-01, which applies to certain Dornier Model 328-100 series
airplanes; and AD 2009-06-09, which applies to all Dornier Model 328-
100 series airplanes. AD 2004-06-01 requires replacement of the
existing main landing gear (MLG) leg assembly with a modified assembly.
AD 2009-06-09 requires modifying the MLG main body and trailing arm
bushings, and revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations. Since the FAA issued AD 2004-06-01 and 2009-06-09, the FAA
has determined that new or more restrictive airworthiness limitations
are necessary. This proposed AD would require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, 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 March 19,
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:

Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the
instructions for submitting comments.

Fax: 202-493-2251.

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 20590, 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, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +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-2020-0088.

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-2020-0088;
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; telephone and fax 206-231-3228; email
Todd.Thompson@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

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-2020-0088;
Product Identifier 2019-NM-195-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 https://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.

Discussion

The FAA issued AD 2004-06-01, Amendment 39-13527 (69 FR 13715,
March 24, 2004) ("AD 2004-06-01"), for certain Dornier Model 328-100
series airplanes. AD 2004-06-01 requires replacement of the existing
MLG leg assembly with a modified assembly. The FAA also issued AD 2009-
06-09, Amendment 39-15845 (74 FR 12249, March 24, 2009) ("AD 2009-06-
09"), for all Dornier Model 328-100 series airplanes. AD 2009-06-09
requires modifying the MLG main body and trailing arm bushings, and
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA issued AD 2004-06-01 to address fatigue damage of the MLG leg,
which could result in collapse of the MLG. The FAA also issued AD 2009-
06-09 to address corrosion on the main body of the MLG and the trailing
arm bushings, which could result in damage to the MLG, and possibly
result in MLG functional problems or failure.

Actions Since AD 2004-06-01 and AD 2009-06-09 Were Issued

Since the FAA issued AD 2004-06-01 and AD 2009-06-09, the FAA has
determined that new or more restrictive airworthiness limitations are
necessary.

The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0270, dated October 30, 2019
("EASA AD 2019-0270") (also referred to as the Mandatory Continuing
Airworthiness Information, or "the MCAI"), to correct an unsafe
condition for all 328 Support Services GmbH Model 328-100 airplanes.
EASA AD 2019-0270 supersedes German AD 2002-001, dated January 10, 2002
(which corresponds to FAA AD 2004-06-01) and EASA AD 2008-0009, dated
January 11, 2008 (which corresponds to FAA AD 2009-06-09).

EASA AD 2019-0270 also specifies that it takes over the applicable
requirements of EASA AD 2006-0197 (which corresponds to FAA AD 2008-17-
01 R1, Amendment 39-16106 (74 FR 63569, December 4, 2009) ("AD 2008-
17-01 R1") and EASA AD 2010-0054 (which corresponds to FAA AD 2012-01-
08, Amendment 39-16920 (77 FR 3583, January 25, 2012) ("AD 2012-01-
08"). Accomplishing the revision specified in this proposed AD would
terminate the requirements of AD 2008-17-01 R1 and AD 2012-01-08 for
Model 328-100 series airplanes.

This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address the potential failure of parts, which
could lead to reduced control of the airplane; and to address the
potential of ignition sources inside fuel tanks, which, in combination
with flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.

See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

EASA AD 2019-0270 describes airworthiness limitations for
certification maintenance requirements that include, among other items,
safe life limits and fuel tank system limitations. 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 pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Proposed AD Requirements

This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations for certification maintenance
requirements that include, among other items, safe life limits and fuel
tank system limitations, which are specified in EASA AD 2019-0270
described previously, as incorporated by reference. Any differences
with EASA AD 2019-0270 are identified as exceptions in the regulatory
text of this AD.

This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able to
accomplish the actions described in the revisions. In this situation, to
comply with 14 CFR 91.403(c), the operator must request approval for an
alternative method of compliance according to paragraph (k)(1) of this
proposed AD.

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 2019-0270
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2019-0270 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 2019-0270 that is required
for compliance with EASA AD 2019-0270 will be available on the internet
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0088 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

The FAA's new process, which uses MCAI ADs as the primary source of
information for compliance with corresponding FAA ADs, has been limited
to certain MCAI ADs (primarily those with service bulletins as the
primary source of information for accomplishing the actions required by
the FAA AD). However, the FAA is now expanding the process to include
MCAI ADs that specify the incorporation of airworthiness limitation
documents.

Although the format of the airworthiness limitation ADs using the
new process is different than the FAA's existing format for
airworthiness limitation ADs, the FAA requirements are the same:
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document.

The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), or intervals may be used unless the actions and intervals
are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in the AMOCs paragraph under
"Other FAA Provisions." This new format includes a "New Provisions
for Alternative Actions and Intervals" paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action or interval.

Costs of Compliance

The FAA estimates that this proposed AD affects 21 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
In the past, the agency has estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate.

The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).

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.

Regulatory Findings

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
regulation:

(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.

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 removing Airworthiness Directive (AD)
2004-06-01, Amendment 39-13527 (69 FR 13715, March 24, 2004); and AD
2009-06-09, Amendment 39-15845 (74 FR 12249, March 24, 2009); and
adding the following new AD: