[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Proposed Rules]
[Pages 77159-77162]
[FR Doc No: 2011-31739]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1318; Directorate Identifier 2010-NM-274-AD]
RIN 2120-AA64

Airworthiness Directives; 328 Support Services GmbH Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
328 Support Services GmbH (Type Certificate previously held by AvCraft
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model
328-100 and -300 airplanes that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

    An incident has been reported with a Dornier 328-100 aeroplane,
where the right-hand (RH) power lever jammed in flight-idle position
during the landing roll-out. The aeroplane was stopped by excessive
braking.
    The reason for the jamming was that the cockpit door locking
device * * * had fallen off the RH cockpit wall, blocking the RH
power/condition lever pulley/cable cluster below the door. * * *
    This condition, if not corrected, could cause interference with
the engine and/or flight control cables, possibly resulting in
reduced control of the aeroplane.
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by January 26,
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     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, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, 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_ADDRESS>Internet http://www.328support.de. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1318;
Directorate Identifier 2010-NM-274-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on 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 proposed AD.

Discussion

    On September 30, 2009, we issued AD 2009-21-06, Amendment 39-16043
(74 FR 53151, October 16, 2009). That AD required actions intended to
address an unsafe condition on 328 Support Services GmbH (Type
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 and -300 airplanes.
    Since we issued AD 2009-21-06, Amendment 39-16043 (74 FR 53151,
October 16, 2009), the manufacturer has provided two options to fix the
locking device, depending on airplane configuration: Installing an
improved locking device for the cockpit door, or installing a gap
filler between the cockpit door and the cockpit wall. We have
determined these actions are necessary to address the identified unsafe
condition. The European Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA Airworthiness Directive 2010-0169, dated August 13, 2010
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    An incident has been reported with a Dornier 328-100 aeroplane,
where the right-hand (RH) power lever jammed in flight-idle position
during the landing roll-out. The aeroplane was stopped by excessive
braking.
    The reason for the jamming was that the cockpit door locking
device Part Number (P/N) 001A252A3914012 had fallen off the RH
cockpit wall, blocking the RH power/condition lever pulley/cable
cluster below the door. Although the affected aeroplane had been
modified, the technical investigation showed that a loose Cockpit
Door Locking device could also occur on 328-100 and 328-300
aeroplanes with a standard installation.
    This condition, if not corrected, could cause interference with
the engine and/or flight control cables, possibly resulting in
reduced control of the aeroplane.
    To address that unsafe condition, EASA issued AD 2009-0082
[which corresponds to FAA AD 2009-21-06, Amendment 39-16043 (74 FR
53151, October 16, 2009)] as an interim solution, to require a one-
time inspection of the cockpit door locking device and the
surrounding area and the reporting of all findings to the TC [type
certificate] holder.
    Since that AD was issued, the TC holder has developed an
improved cockpit door locking device, P/N 001A252A3914016.
Consequently, this [EASA] AD retains the requirements of [EASA] AD
2009-0082 [FAA AD 2009-21-06, Amendment 39-16043 (74 FR 53151,
October 16, 2009)], which is superseded, and requires the
replacement of the current P/N 001A252A3914012 with new designed P/N
001A252A3914016 cockpit door locking device, or the removal of the
cockpit door locking device P/N 001A252A3914012 and the installation
of a gap filler, as applicable to aeroplane configuration.

The required actions include performing operational tests, and repair
if necessary. You may obtain further information by examining the MCAI
in the AD docket.

Relevant Service Information

    328 Support Services has issued the following service bulletins:
     SB-328-25-492, dated March 18, 2010 (for Model 328-100
airplanes);
     SB-328J-25-244, dated March 18, 2010 (for Model 328-300
airplanes);
     SB-328-25-491, dated March 18, 2010 (for Model 328-100
airplanes); and
     SB-328J-25-243, dated March 18, 2010 (for Model 328-300
airplanes).

The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

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 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 pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 59 products of U.S. registry.
    The actions that are required by AD 2009-21-06, Amendment 39-16043
(74 FR 53151, October 16, 2009), and retained in this proposed AD take
about 1 work-hour per product, at an average labor rate of $85 per work
hour. Based on these figures, the estimated cost of the currently
required actions is $85 per product.
    We estimate that it would take 6 work-hours per product, depending
on airplane configuration, to comply with the new basic requirements of
this proposed AD. The average labor rate is $85 per work-hour. Required
parts would cost $2,315 per product. Based on these figures, we
estimate the cost of the proposed AD on U.S. operators to be $166,675,
or $2,825 per product.

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
rulemaking action.

Regulatory Findings

    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
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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 Amendment 39-16043 (74 FR
53151, October 16, 2009) and adding the following new AD:

328 Support Services GmbH (Type Certificate Previously Held by
AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt
GmbH): Docket No. FAA-2011-1318; Directorate Identifier 2010-NM-274-
AD.

Comments Due Date

    (a) We must receive comments by January 26, 2012.

Affected ADs

    (b) This AD supersedes AD 2009-21-06, Amendment 39-16043 (74 FR
53151, October 16, 2009).

Applicability

    (c) This AD applies to 328 Support Services GmbH (Type
Certificate previously held by AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100 and -300
airplanes; certificated in any category; all serial numbers.

Subject

    (d) Air Transport Association (ATA) of America Code 25:
Equipment/Furnishings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    An incident has been reported with a Dornier 328-100 aeroplane,
where the right-hand (RH) power lever jammed in flight-idle position
during the landing roll-out. The aeroplane was stopped by excessive
braking.
    The reason for the jamming was that the cockpit door locking
device * * * had fallen off the RH cockpit wall, blocking the RH
power/condition lever pulley/cable cluster below the door. * * *
    This condition, if not corrected, could cause interference with
the engine and/or flight control cables, possibly resulting in
reduced control of the aeroplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Certain Requirements of AD 2009-21-06, Amendment 39-
16043 (74 FR 53151, October 16, 2009)

    (g) Within 3 months after November 20, 2009 (the effective date
of AD 2009-21-06, Amendment 39-16043 (74 FR 53151, October 16,
2009)), do a detailed visual inspection of the cockpit door locking
device and the surrounding area for proper installation, in
accordance with the Accomplishment Instructions of 328 Support
Services Service Bulletin SB-328-25-485 or SB-328J-25-235, both
dated January 28, 2009, as applicable.
    (h) If any discrepancy is found during the inspection specified
in paragraph (g) of this AD, before further flight, do the
corrective action, in accordance with the Accomplishment
Instructions of 328 Support Services Service Bulletin SB-328-25-485
or SB-328J-25-235, both dated January 28, 2009, as applicable.

New Requirements of This AD

    (i) Within 4,000 flight hours or 24 months after the effective
date of this AD, whichever occurs first, do the applicable actions
specified in paragraph (i)(1) or (i)(2) of this AD.
    (1) For airplanes on which a door locking device with Option
521K010 is installed: Remove the locking device of the cockpit door,
part number (P/N) 001A252A3914012, install the gap filler parts, and
do operational tests, in accordance with the Accomplishment
Instructions of 328 Support Services Service Bulletin SB-328-25-492,
dated March 18, 2010 (for Model 328-100 airplanes); or 328 Support
Services Service Bulletin SB-328J-25-244, dated March 18, 2010 (for
Model 328-300 airplanes).
    (2) For airplanes on which a door locking device with Option
521K010 is not installed: Replace the locking device of the cockpit
door, P/N 001A252A3914012, with a new locking device, P/N
001A252A3914016, and do operational tests, in accordance with the
Accomplishment Instructions of 328 Support Services Service Bulletin
SB-328-25-491, dated March 18, 2010 (for Model 328-100 airplanes);
or 328 Support Services Service Bulletin SB-328J-25-243, dated March
18, 2010 (for Model 328-300 airplanes).
    (j) If any operational test fails during the actions specified
in paragraph (i)(1) or (i)(2) of this AD, before further flight,
repair in accordance with a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
or EASA (or its delegated agent).
    (k) As the effective date of this AD, no person may install a
locking device of the cockpit door having P/N 001A252A3914012 on any
airplane.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows:
    (1) Although the MCAI specifies that after doing the
modification, installing the affected part is prohibited, this AD
specifies that as of the effective date of this AD, installing the
affected part is prohibited.
    (2) Although the MCAI tells you to submit information to the
manufacturer, this AD specifies that such submittal is not required.

Other FAA AD Provisions

    (l) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (m) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2010-0169, dated August 13, 2010; and the service
bulletins specified in paragraphs (m)(1) through (m)(5) of this AD;
for related information.
    (1) 328 Support Services Service Bulletin SB-328-25-485, dated
January 28, 2009.
    (2) 328 Support Services Service Bulletin SB-328J-25-235, dated
January 28, 2009.
    (3) 328 Support Services Service Bulletin SB-328-25-491, dated
March 18, 2010.
    (5) 328 Support Services Service Bulletin SB-328J-25-243, dated
March 18, 2010.
    (4) 328 Support Services Service Bulletin SB-328-25-492, dated
March 18, 2010.
    (5) 328 Support Services Service Bulletin SB-328J-25-244, dated
March 18, 2010.

    Issued in Renton, Washington, on December 5, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-31739 Filed 12-9-11; 8:45 am]
BILLING CODE 4910-13-P