AD 2020-09-13

[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Rules and Regulations]
[Pages 29601-29603]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-10631]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0090; Product Identifier 2019-NM-196-AD; Amendment 
39-19909; AD 2020-09-13]
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.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
328 Support Services GmbH Model 328-300 airplanes. This AD was prompted 
by a determination that new or more restrictive airworthiness 
limitations are necessary. This AD requires 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 is incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective June 22, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 22, 
2020.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +49 221 89990 1000; email: <a href="/cdn-cgi/l/email-protection#f7b6b384b792968496d9928285988796d99282"><span class="__cf_email__" data-cfemail="0e4f4a7d4e6b6f7d6f206b7b7c617e6f206b7b">[email&#160;protected]</span></a>; internet: 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. You may view this IBR material at the 
FAA, Airworthiness Products Section, Operational Safety 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2020-0090.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
0090; 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, 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, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; phone and fax: 206-231-3228; 
email: <a href="/cdn-cgi/l/email-protection#4b3f242f2f653f2324263b3824250b2d2a2a652c243d"><span class="__cf_email__" data-cfemail="15617a71713b617d7a7865667a7b557374743b727a63">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2019-0271, dated October 30, 2019 
(``EASA AD 2019-0271'') (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 328-300 
airplanes.
    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 328-300 airplanes. The NPRM published in the 
Federal Register on February 12, 2020 (85 FR 7897). The NPRM was 
prompted by a determination that new or more restrictive airworthiness 
limitations are necessary. The NPRM proposed to require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations, as 
specified in an EASA AD.
    The FAA is issuing 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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA 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

[[Page 29602]]

final rule as proposed, except for minor editorial changes. The FAA has 
determined that these minor changes:

    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> 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 2019-0271 describes procedures for 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.

Costs of Compliance

    The FAA estimates that this AD affects 21 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
FAA recognizes that this number may vary from operator to operator. In 
the past, the FAA 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. 
Therefore, the FAA estimates the total cost per operator 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

    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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2020-09-13 328 Support Services GmbH (Type Certificate previously 
held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier 
Luftfahrt GmbH): Amendment 39-19909; Docket No. FAA-2020-0090; 
Product Identifier 2019-NM-196-AD.

(a) Effective Date

    This AD is effective June 22, 2020.

(b) Affected ADs

    This AD affects the ADs identified in paragraphs (b)(1) and (2) 
of this AD:
    (1) AD 2009-01-06 R1, Amendment 39-16082 (74 FR 57411, November 
6, 2009) (``AD 2009-01-06 R1'').
    (2) AD 2012-01-08, Amendment 39-16920 (77 FR 3583, January 25, 
2012) (``AD 2012-01-08'').

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing 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.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2019-0271, dated October 30, 2019 (``EASA AD 2019-0271'').

(h) Exceptions to EASA AD 2019-0271

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2019-0271 do not apply to this AD.
    (2) Where paragraph (3) of EASA AD 2019-0271 specifies a 
compliance time of ``Within 12 months'' after its effective date to 
``revise the approved AMP,'' this AD requires ``revising the 
existing maintenance or inspection program, as applicable,'' to 
incorporate the ``limitations, tasks and associated thresholds and 
intervals,'' specified in paragraph (3) of EASA AD 2019-0271 within 
90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2019-0271 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2019-0271, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2019-0271 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2019-0271 does not apply 
to this AD.

(i) Provisions for Alternative Actions, Intervals, and Critical Design 
Configuration Control Limitation (CDCCLs)

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections), intervals, and CDCCLs are allowed 
except as specified in the provisions of the ``Ref. Publications'' 
section of EASA AD 2019-0271.

(j) Terminating Action for Other ADs

    (1) Accomplishing the maintenance or inspection program revision 
required by

[[Page 29603]]

paragraph (g) of this AD terminates all requirements of AD 2009-01-
06 R1.
    (2) Accomplishing the maintenance or inspection program revision 
required by paragraph (g) of this AD terminates all requirements of 
AD 2012-01-08 for Model 328-300 airplanes only.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, 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 Large Aircraft Section, International Validation 
Branch, send it to the attention of the person identified in 
paragraph (l) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#d9e0f4989794f4e8e8eff49894969af48b9c888c9c8a8d8a99bfb8b8f7beb6af"><span class="__cf_email__" data-cfemail="d9e0f4989794f4e8e8eff49894969af48b9c888c9c8a8d8a99bfb8b8f7beb6af">[email&#160;protected]</span></a>. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or 328 
Support Services GmbH's EASA Design Organization Approval (DOA). If 
approved by the DOA, the approval must include the DOA-authorized 
signature.

(l) Related Information

    For more information about this AD, contact Todd Thompson, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and 
fax: 206-231-3228; email: <a href="/cdn-cgi/l/email-protection#25514a41410b514d4a4855564a4b654344440b424a53"><span class="__cf_email__" data-cfemail="33475c57571d475b5c5e43405c5d735552521d545c45">[email&#160;protected]</span></a>.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0271, 
dated October 30, 2019.
    (ii) [Reserved]
    (3) For information about EASA AD 2019-0271, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 89990 
6017; email: <a href="/cdn-cgi/l/email-protection#e6a7a295a683879587c8839394899687c88393"><span class="__cf_email__" data-cfemail="5a1b1e291a3f3b293b743f2f28352a3b743f2f">[email&#160;protected]</span></a>; internet: www.easa.europa.eu. You 
may find this EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195. This material may be found in the AD 
docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2020-0090.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
<a href="/cdn-cgi/l/email-protection#294f4c4d5b4c4e07454c4e48456947485b48074e465f"><span class="__cf_email__" data-cfemail="7e181b1a0c1b1950121b191f123e101f0c1f50191108">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on May 6, 2020.
Lance T. Gant,
 Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-10631 Filed 5-15-20; 8:45 am]
BILLING CODE 4910-13-P