AD 2011-18-13

This AD becomes effective October 25, 2011.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 25, 2011.

You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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 (425) 227-1149.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on December 2, 2010 (75 FR 75159), and proposed to supersede AD 2008-10-51, Amendment 39-15535 (73 FR 30752, May 29, 2008). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:

During a routine inspection, cracks have been found on an aeroplane at the lower wing panel rear trailing edge inboard of flap lever arm 1 (rib 5). A subsequent inspection of the other aeroplanes in that operator's fleet revealed several more aeroplanes with cracks at the same location. This condition, if not corrected, could lead to structural failure of the affected wing panel, possibly resulting in the wing separating from the airplane with consequent loss of control.

To correct this unsafe condition, EASA [European Aviation Safety Agency] issued Emergency AD 2008-0087-E [dated May 8, 2008] to require detailed visual inspections (DVI) of both the left (LH) and right (RH) wing panel rear trailing edge around rib 3 and rib 5 and a subsequent Eddy Current inspection (NDI) [non-destructive inspection] of the same area to detect cracks, follow-up repair actions when cracks are found, and the reporting of all findings. The TC [type certificate] holder has now developed a modification, consisting of the cold expansion of the former lower wing panel CAMLOC holes together with the installation of new attachment material that will prevent the onset of cracks in the affected wing panel.

For the reasons described above, this [EASA] AD retains the inspection and repair requirements of AD 2008-0087-E, which is superseded, adds repetitive inspections and a requirement to modify both the LH and RH wing panel rear trailing edges from rib 3 to rib 9. Modification does not constitute terminating action for the new repetitive inspection requirements of this AD.

The new inspections are eddy current inspections. The modification includes cold expansion of the former lower wing panel CAMLOC holes and installation of new attachment material. You may obtain further information by examining the MCAI in the AD docket.

We gave the public the opportunity to participate in developing this AD. We considered the comments received.

EASA issued AD 2009-0194R1 on March 10, 2011, which was corrected on March 22, 2011. References have been updated in Note 1 and paragraph (p) of this AD to include this revision.

Garner CAD Technic Design Organization (GCT DO) Airworthiness Office requested that the 400-flight-cycle repetitive inspection interval be removed from paragraph (h) of the NPRM (75 FR 75159, December 2, 2010). GCT DO Airworthiness Office stated that, based on fatigue data, this repetitive inspection is not required, and is not specified in revised EASA AD 2009-0194R1, dated March 10, 2011, and corrected on March 22, 2011.

We agree. Based on fatigue data, we have determined that the 400-flight-cycle repetitive inspection interval should be removed from paragraph (h) of this AD. The repetitive inspection was removed from revised EASA AD 2009-0194R1, dated March 10, 2011, and corrected on March 22, 2011. Paragraph (h) of this AD has been changed accordingly. References to the 400-flight-cycle repetitive inspections also were removed from paragraphs (i) and (j) of this AD.

To ensure that operators get credit for the most recent inspection done in accordance with Dornier Alert Service Bulletin ASB-328J-57-015 or ASB-328-57-037, both Revision 1, both dated May 8, 2008; or 328 Support Services Alert Service Bulletin ASB-328J-57-015 or ASB-328-57-037, both Revision 2, both dated May 20, 2008; we have clarified paragraph (g) of this AD. We have replaced the phrase, “in accordance with the requirements of paragraph (h) of this AD,” with the phrase, “in accordance with Dornier Alert Service Bulletin ASB-328J-57-015 or ASB-328-57-037, both Revision 1, both dated May 8, 2008; or 328 Support Services Alert Service Bulletin ASB-328J-57-015 or ASB-328-57-037, both Revision 2, both dated May 20, 2008.”

GCT DO Airworthiness Office requested that the initial compliance time and repetitive inspection interval defined in paragraph (i) of the NPRM (75 FR 75159, December 2, 2010) be extended from 800 flight cycles to 1,500 flight cycles. GCT DO Airworthiness Office stated that this extension has been allowed based on fatigue data, and was specified in revised EASA AD 2009-0194R1, dated March 10, 2011, and corrected on March 22, 2011.

We agree to extend the initial compliance time and repetitive inspection intervals for the reasons given by the commenter. Paragraph (i) of this AD has been changed accordingly.

GCT DO Airworthiness Office requested that based on fatigue data, the threshold for the post-modification initial inspection be extended from 800 flight cycles to 25,000 flight cycles for the Model 328-100 airplane, and from 800 flight cycles to 20,000 flight cycles for Model 328-300 airplanes, and that the repetitive inspections be extended from 800 flight cycles to 1,500 flight cycles.

We agree to extend the threshold for post-modification initial inspections as requested. Based on fatigue data, the referenced EASA AD has included these extensions; therefore, we have added paragraph (k) to the AD to include the new compliance times.

The NPRM (75 FR 75159, December 2, 2010) would have allowed issuance of a special flight permit if a crack was found that “exceeds” 12.5 mm (0.49 inch). We have changed paragraph (o)(4)(ii) of this AD to change the wording from “exceeds” to “is less than or equal to.”

We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD.

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 required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD.

We estimate that this AD will affect about 49 products of U.S. registry.

The actions that are required by AD 2008-10-51 and retained in this AD take about 2 work-hours per product, at an average labor rate of $85 per work-hour. Required parts cost about $0 per product. Based on these figures, the estimated cost of the currently required actions is $170 per product.

We estimate that it will take about 8 work-hours per product to comply with the new basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $11,600 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $601,720, or $12,280 per product.

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.

We determined that 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 this AD:

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 AD and placed it in 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 the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows: