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(q) Restatement of Requirements of AD 2005, and including Appendix B, dated June Support Services GmbH (Type 2006–14–05, Amendment 39–14676 (71 FR 2, 2005. Certificate Previously Held by AvCraft 38979, July 11, 2006), With Revised Service (2) Bombardier Service Bulletin 670BA– Aerospace GmbH; Fairchild Dornier Information: Credit for Previous Actions 32–017, Revision C, dated May 14, 2010. GmbH; Dornier Luftfahrt GmbH) Model This paragraph provides credit for actions (v) Material Incorporated by Reference 328–100 airplanes. This proposed AD required by paragraphs of (g) through (q) of (1) You must use the following service was prompted by several runway this AD, if those actions were performed information to do the actions required by this excursion incidents and a single before August 15, 2006 (the effective date of AD, unless the AD specifies otherwise. The AD 2006–14–05, Amendment 39–14767 (71 accident where the power lever could Director of the Federal Register approved the FR 38979, July 11, 2006), using Bombardier not be operated as intended during the incorporation by reference (IBR) of the Alert Service Bulletin A670BA–32–016, landing roll-out on Model Dornier 328– following service information under 5 U.S.C. dated June 2, 2005. 100 airplanes. This proposed AD would 552(a) and 1 CFR part 51: (r) New Requirements of This AD: (i) Bombardier Service Bulletin 670BA–32– require a modification of the engine Terminating Modification for MLG Door 017, Revision C, dated May 14, 2010. control box assembly. We are proposing Configuration (ii) Bombardier Alert Service Bulletin this AD to prevent runway excursion, Within 6,000 flight hours after the effective A670BA–32–016, Revision F, dated May 14, which could result in damage to the date of this AD, modify the MLG door, in 2010, excluding Appendix A, dated June 2, airplane and injury to the occupants. accordance with the Accomplishment 2005, and including Appendix B, dated June DATES: This AD becomes effective April Instructions of Bombardier Service Bulletin 2, 2005. 4, 2012. 670BA–32–017, Revision C, dated May 14, (2) For service information identified in The Director of the Federal Register this AD, contact Bombardier, Inc., 400 Coˆte- 2010. Doing this modification terminates the Vertu Road West, Dorval, Que´bec H4S 1Y9, approved the incorporation by reference requirements of this AD. Canada; telephone 514–855–5000; fax 514– of certain publications listed in this AD (s) New Requirements of This AD: Credit for 855–7401; email as of April 4, 2012. Previous Actions [email protected]; Internet http:// ADDRESSES: You may examine the AD This paragraph provides credit for the www.bombardier.com. docket on the Internet at http:// modification of the MLG door required by (3) You may review copies of the service www.regulations.gov or in person at the paragraph (r) of this AD, if the modification information at the FAA, Transport Airplane U.S. Department of Transportation, was performed before the effective date of Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the Docket Operations, M–30, West this AD using Bombardier Service Bulletin availability of this material at the FAA, call Building Ground Floor, Room W12–140, 670BA–32–017, dated July 24, 2006; Revision 425–227–1221. 1200 New Jersey Avenue SE., A, dated September 26, 2006; or Revision B, (4) You may also review copies of the dated July 31, 2008; as applicable. Washington, DC. service information that is incorporated by FOR FURTHER INFORMATION CONTACT: Tom (t) Other FAA AD Provisions reference at the National Archives and Groves, Aerospace Engineer, Records Administration (NARA). For The following provisions also apply to this International Branch, ANM–116, AD: information on the availability of this material at NARA, call 202–741–6030, or go Transport Airplane Directorate, FAA, (1) Alternative Methods of Compliance 1601 Lind Avenue SW., Renton, WA (AMOCs): The Manager, New York ACO, to: http://www.archives.gov/federal-register/ cfr/ibr_locations.html. 98057–3356; telephone (425) 227–1503; ANE–170, FAA, has the authority to approve AMOCs for this AD, if requested using the Issued in Renton, Washington, on January fax (425) 227–1149. procedures found in 14 CFR 39.19. Send 27, 2012. SUPPLEMENTARY INFORMATION: information to ATTN: Program Manager, Kalene C. Yanamura, Discussion Continuing Operational Safety, FAA, New Acting Manager, Transport Airplane York ACO, 1600 Stewart Avenue, Suite 410, Directorate, Aircraft Certification Service. We issued a notice of proposed Westbury, New York 11590; telephone 516– rulemaking (NPRM) to amend 14 CFR [FR Doc. 2012–4449 Filed 2–28–12; 8:45 am] 228–7300; fax 516–794–5531. Before using part 39 to include an AD that would any approved AMOC, notify your appropriate BILLING CODE 4910–13–P apply to the specified products. That principal inspector, or lacking a principal NPRM was published in the Federal inspector, the manager of the local flight Register on August 31, 2011 (76 FR standards district office/certificate holding DEPARTMENT OF TRANSPORTATION district office. The AMOC approval letter 54145). That NPRM proposed to correct must specifically reference this AD. AMOCs Federal Aviation Administration an unsafe condition for the specified approved previously in accordance with AD products. The MCAI states: 2006–14–05, Amendment 39–14676 (71 FR 14 CFR Part 39 Several runway excursion incidents and a 38979, July 11, 2006), are acceptable for [Docket No. FAA–2011–0912; Directorate single accident have occurred in the past compliance with this AD. with Dornier 328–100 aeroplanes, where the (2) Airworthy Product: For any requirement Identifier 2011–NM–035–AD; Amendment 39–16962; AD 2012–04–06] power lever could not be operated as in this AD to obtain corrective actions from intended during the landing roll-out. * * * a manufacturer or other source, use these RIN 2120–AA64 Recurrence of such an event under similar actions if they are FAA-approved. Corrective conditions, if not corrected, could result in actions are considered FAA-approved if they Airworthiness Directives; 328 Support further cases of runway excursion, possibly are approved by the State of Design Authority Services GmbH (Type Certificate resulting in damage to the aeroplane and (or their delegated agent). You are required Previously Held by AvCraft Aerospace injury to the occupants. to assure the product is airworthy before it A modification to the power lever control is returned to service. GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes box [i.e., engine control box assembly] has (u) Related Information been designed to prevent further power lever AGENCY: Federal Aviation handling difficulties. Refer to MCAI TCCA Airworthiness For the reasons described above, this Directive CF–2003–23R3, dated May 21, Administration (FAA), Department of Transportation (DOT). [EASA] AD requires a modification of the 2010, and the following service information power lever control box as a retrofit for the for related information: ACTION: Final rule. entire fleet of 328–100 aeroplanes. (1) Bombardier Alert Service Bulletin A670BA–32–016, Revision F, dated May 14, SUMMARY: We are adopting a new The required actions also include 2010, excluding Appendix A, dated June 2, airworthiness directive (AD) for all 328 revising the airplane flight manual

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(AFM) to include Dornier 328–100 lever warning system. This has been For the reasons discussed above, I Temporary Revisions (TR) 04–078, 04– coordinated with EASA. certify that this AD: 079, and 04–080, all dated March 15, • Dornier 320–100 TR 04–078, dated 1. Is not a ‘‘significant regulatory 2010, to the Abnormal Procedures March 15, 2010, for the nuisance power action’’ under Executive Order 12866; section of the Dornier (328 Support lever aural alert. 2. Is not a ‘‘significant rule’’ under the Services) 328–100 AFM; and Dornier • Dornier 328–100 TR 04–079 and DOT Regulatory Policies and Procedures 328–100 TRs 05–064, 05–065, and 05– 04–080, both dated March 15, 2010, for (44 FR 11034, February 26, 1979); 066, all dated February 13, 2009, to the the engine indication and crew alerting 3. Will not affect intrastate aviation in Normal Procedures section of the system (EICAS) caution ‘‘Proxi System.’’ Alaska; and Dornier (328 Support Services) 328–100 • Dornier 328–100 TRs 05–064, 05– 4. Will not have a significant AFM. You may obtain further 065, and 05–066, all dated February 13, economic impact, positive or negative, information by examining the MCAI in 2009, for the power level aural alert test. on a substantial number of small entities the AD docket. Costs of Compliance under the criteria of the Regulatory Comments Flexibility Act. We estimate that this AD will affect We prepared a regulatory evaluation We gave the public the opportunity to 20 products of U.S. registry. We also participate in developing this AD. We of the estimated costs to comply with estimate that it will take about 99 work- this AD and placed it in the AD docket. considered the comment received. hours per product to comply with the Request To Change Work Hours basic requirements of this AD. The Examining the AD Docket average labor rate is $85 per work-hour. 328 Support Services GmbH You may examine the AD docket on Required parts will cost about $35,700 requested we revise the Cost of the Internet at http:// per product. Where the service Compliance section of the NPRM (76 FR www.regulations.gov; or in person at the information lists required parts costs 54145, August 31, 2011). The Docket Operations office between 9 a.m. that are covered under warranty, we commenter stated that the estimate of 79 and 5 p.m., Monday through Friday, have assumed that there will be no work-hours specified in the NPRM is except Federal holidays. The AD docket charge for these parts. As we do not too low and should be changed to 99 contains the NPRM (76 FR 54145, control warranty coverage for affected work-hours as specified in 328 Support August 31, 2011), the regulatory parties, some parties may incur costs Services Service Bulletin SB–328–76– evaluation, any comments received, and higher than estimated here. Based on 486, Revision 3, dated April 7, 2010. other information. The street address for We agree that the number of work these figures, we estimate the cost of the Docket Operations office (telephone hours required is higher than our this AD to the U.S. operators to be (800) 647–5527) is in the ADDRESSES previous estimate. The cost impact $882,300, or $44,115 per product. section. Comments will be available in information in this AD has been revised Authority for This Rulemaking the AD docket shortly after receipt. to indicate this higher amount. Title 49 of the United States Code List of Subjects in 14 CFR Part 39 Conclusion specifies the FAA’s authority to issue Air transportation, Aircraft, Aviation We reviewed the available data, rules on aviation safety. Subtitle I, safety, Incorporation by reference, including the comment received, and section 106, describes the authority of Safety. the FAA Administrator. ‘‘Subtitle VII: determined that air safety and the Adoption of the Amendment public interest require adopting the AD Aviation Programs,’’ describes in more as proposed. detail the scope of the Agency’s Accordingly, under the authority authority. delegated to me by the Administrator, Differences Between This AD and the We are issuing this rulemaking under the FAA amends 14 CFR part 39 as MCAI or Service Information the authority described in ‘‘Subtitle VII, follows: Although the MCAI specifies doing an Part A, Subpart III, Section 44701: inspection for discrepancies, 328 General requirements.’’ Under that PART 39—AIRWORTHINESS Support Services Service Bulletin SB– section, Congress charges the FAA with DIRECTIVES 328–76–486, Revision 3, dated April 7, promoting safe flight of civil aircraft in 2010, does not include this action. The air commerce by prescribing regulations ■ 1. The authority citation for part 39 off-wing inspection included in the for practices, methods, and procedures continues to read as follows: MCAI is not required to address the the Administrator finds necessary for Authority: 49 U.S.C. 106(g), 40113, 44701. unsafe condition. The modification safety in air commerce. This regulation addresses the identified unsafe is within the scope of that authority § 39.13 [Amended] condition. Therefore, this AD does not because it addresses an unsafe condition ■ 2. The FAA amends § 39.13 by adding include that requirement. that is likely to exist or develop on the following new AD: Although the MCAI and service products identified in this rulemaking 2012–04–06 328 Support Services GmbH information do not include revising the action. (Type Certificate Previously Held by AFM, this AD includes that Regulatory Findings AvCraft Aerospace GmbH; Fairchild requirement. The TRs specified below Dornier GmbH; Dornier Luftfahrt introduce pre-flight operational tests of We determined that this AD will not GmbH): Amendment 39–16962. Docket the warning system modification, along have federalism implications under No. FAA–2011–0912; Directorate with abnormal procedures that provide Executive Order 13132. This AD will Identifier 2011–NM–035–AD. guidance to the flightcrew in the event not have a substantial direct effect on (a) Effective Date of various potential warning system the States, on the relationship between This airworthiness directive (AD) becomes faults. These procedures must be the national government and the States, effective April 4, 2012. adopted at the same time the or on the distribution of power and modification is installed to ensure responsibilities among the various (b) Affected ADs proper use and operation of the power levels of government. None.

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(c) Applicability (3) For the engine indication and crew Director of the Federal Register approved the This AD applies to 328 Support Services alerting system (EICAS) caution ‘‘Proxi incorporation by reference (IBR) of the GmbH (Type Certificate previously held by System:’’ following service information under 5 U.S.C. AvCraft Aerospace GmbH; Fairchild Dornier (i) Dornier 328–100 TR 04–079, dated 552(a) and 1 CFR part 51: GmbH; Dornier Luftfahrt GmbH) Model 328– March 15, 2010, to the Abnormal Procedures (i) 328 Support Services Service Bulletin section of the Dornier (328 Support Services) 100 airplanes; all serial numbers; certificated SB–328–76–486, Revision 3, dated April 7, 328–100 ATM. in any category. (ii) Dornier 328–100 TR 04–080, dated 2010. The revision level and date of this (d) Subject March 15, 2010, to the Abnormal Procedures document are shown only on the odd- numbered pages of the document. Air Transport Association (ATA) of section of the Dornier (328 Support Services) (ii) Dornier 328–100 Temporary Revision America Code 76: Engine Controls. 328–100 ATM. Note 1 to paragraph (i) of this AD: 04–078, dated March 15, 2010, to the (e) Reason Revising the AFM may be done by inserting Abnormal Procedures section of the Dornier This AD was prompted by several runway copies of the TRs specified in paragraphs (328 Support Services) 328–100 Airplane excursion incidents and a single accident (i)(1), (i)(2), and (i)(3) of this AD, in the Flight Manual. where the power lever could not be operated Dornier (328 Support Services) 328–100 (iii) Dornier 328–100 Temporary Revision as intended during the landing roll-out on AFM. When these TRs have been included in 04–079, dated March 15, 2010, to the Model Dornier 328–100 airplanes. We are general revisions of this AFM, the general Abnormal Procedures section of the Dornier revisions may be inserted in the AFM, issuing this AD to prevent runway excursion, (328 Support Services) 328–100 Airplane provided the relevant information in the which could result in damage to the airplane Flight Manual. and injury to the occupants. general revision of this AFM is identical to that in the TRs specified in paragraphs (i)(1), (iv) Dornier 328–100 Temporary Revision (f) Compliance (i)(2), and (i)(3) of this AD, and these TRs 04–080, dated March 15, 2010, to the You are responsible for having the actions may be removed. Abnormal Procedures section of the Dornier required by this AD performed within the (328 Support Services) 328–100 Airplane compliance times specified, unless the (j) Other FAA AD Provisions Flight Manual. actions have already been done. The following provisions also apply to this (v) Dornier 328–100 Temporary Revision AD: 05–064, dated February 13, 2009, to the (g) Modification (1) Alternative Methods of Compliance Normal Procedures section of the Dornier Within 15 months after the effective date (AMOCs): The Manager, International (328 Support Services) 328–100 Airplane of this AD, modify the engine control box Branch, ANM–116, Transport Airplane Flight Manual. assembly with additional aural alerting Directorate, FAA, has the authority to (vi) Dornier 328–100 Temporary Revision function and a revised power lever guiding approve AMOCs for this AD, if requested gate, in accordance with the using the procedures found in 14 CFR 39.19. 05–065, dated February 13, 2009, to the Accomplishment Instructions of 328 Support In accordance with 14 CFR 39.19, send your Normal Procedures section of the Dornier Services Service Bulletin SB–328–76–486, request to your principal inspector or local (328 Support Services) 328–100 Airplane Revision 3, dated April 7, 2010. Flight Standards District Office, as Flight Manual. appropriate. If sending information directly (vii) Dornier 328–100 Temporary Revision (h) Credit for Previous Actions to the International Branch, send it to ATTN: 05–066, dated February 13, 2009, to the This paragraph provides credit for the Tom Groves, Aerospace Engineer, Normal Procedures section of the Dornier modification required by paragraph (g) of this International Branch, ANM–116, Transport (328 Support Services) 328–100 Airplane AD, if the modification was performed before Airplane Directorate, FAA, 1601 Lind Flight Manual. the effective date of this AD using 328 Avenue SW., Renton, Washington 98057– (2) For service information identified in Support Services Service Bulletin SB–328– 3356; telephone (425) 227–1503; fax (425) this AD, contact 328 Support Services GmbH, 76–486, dated July 15, 2009; Revision 1, 227–1149. Information may be emailed to: Global Support Center, P.O. Box 1252, D– dated March 2, 2010; or Revision 2, dated [email protected]. March 11, 2010. Before using any approved AMOC, notify 82231 Wessling, Federal Republic of your appropriate principal inspector, or Germany; telephone +49 8153 88111 6666; (i) Airplane Flight Manual Revisions lacking a principal inspector, the manager of fax +49 8153 88111 6565; email gsc.op@ Concurrently with doing the modification the local flight standards district office/ 328support.de; Internet http://www. required in paragraph (g) of this AD, revise certificate holding district office. The AMOC 328support.de. the Dornier (328 Support Services) 328–100 approval letter must specifically reference (3) You may review copies of the service Airplane Flight Manual (AFM) to include the this AD. information at the FAA, Transport Airplane information in the Dornier 328–100 (2) Airworthy Product: For any requirement Directorate, 1601 Lind Avenue SW., Renton, temporary revisions (TRs) identified in in this AD to obtain corrective actions from Washington. For information on the paragraphs (i)(1), (i)(2), and (i)(3) of this AD. a manufacturer or other source, use these availability of this material at the FAA, call Operate the airplane according to the actions if they are FAA-approved. Corrective 425–227–1221. procedures in those TRs. actions are considered FAA-approved if they (4) You may also review copies of the (1) For the power lever aural alert test: are approved by the State of Design Authority service information that is incorporated by (i) Dornier 328–100 TR 05–064, dated (or their delegated agent). You are required February 13, 2009, to the Normal Procedures to assure the product is airworthy before it reference at the National Archives and section of the Dornier (328 Support Services) is returned to service. Records Administration (NARA). For 328–100 AFM. information on the availability of this (ii) Dornier 328–100 TR 05–065, dated (k) Related Information material at NARA, call 202–741–6030, or go February 13, 2009, to the Normal Procedures Refer to MCAI EASA Airworthiness to: http://www.archives.gov/federal_register/ section of the Dornier (328 Support Services) Directive 2009–0196, dated September 4, code_of_federal_regulations/ibr_locations. 328–100 AFM. 2009; 328 Support Services Service Bulletin html. (iii) Dornier 328–100 TR 05–066, dated SB–328–76–486, Revision 3, dated April 7, February 13, 2009, to the Normal Procedures 2010; and the TRs specified in paragraphs Issued in Renton, Washington, on February section of the Dornier (328 Support Services) (i)(1), (i)(2), and (i)(3) of this AD; for related 13, 2012. 328–100 AFM. information. Ali Bahrami, (2) For the nuisance power lever aural Manager, Transport Airplane Directorate, alert: Dornier 328–100 TR 4–078, dated (l) Material Incorporated by Reference Aircraft Certification Service. March 15, 2010, to the Abnormal Procedures (1) You must use the following service section of the Dornier (328 Support Services) information to do the actions required by this [FR Doc. 2012–4362 Filed 2–28–12; 8:45 am] 328–100 ATM. AD, unless the AD specifies otherwise. The BILLING CODE 4910–13–P

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