[Federal Register Volume 67, Number 186 (Wednesday, September 25, 2002)]
[Proposed Rules]
[Pages 60193-60196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24307]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-140-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Dornier Model 328-100 and 
-300 series airplanes. This proposal would require replacement of the 
screws in the aileron, rudder, and elevator trim tabs with new screws, 
and removal and re-installation of screws in the aileron, elevator and 
rudder trim tabs and the rudder spring tab, as applicable. This action 
is necessary to prevent reduced structural integrity of the screws in 
the aileron, elevator, and rudder trim tabs, and the rudder spring tab, 
due to countersinks that were not manufactured correctly, which could 
result in reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by October 25, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-140-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-140-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Fairchild Dornier, Dornier Luftfahrt GmbH, P.O. Box 1103, 
D-82230 Wessling, Germany. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a

[[Page 60194]]

request to change the service bulletin reference as two separate 
issues.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-140-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-140-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, notified the FAA that an unsafe condition may exist on 
certain Dornier Model 328-100 and -300 series airplanes. The LBA 
advises that the countersinks for the trim tab hinge fitting in the 
aileron, rudder, and elevator trim tabs, and the rudder spring tab, 
were not manufactured correctly. This may reduce the structural 
integrity of the associated screws due to incorrect installation. This 
condition, if not corrected, could result in reduced controllability of 
the airplane.

Explanation of Relevant Service Information

    Dornier has issued the service bulletins listed in the following 
table:

                                            Table--Service Bulletins
----------------------------------------------------------------------------------------------------------------
          Service bulletin--             Describes procedures for--                   For model--
----------------------------------------------------------------------------------------------------------------
SB-328-55-368, Revision 1, dated       Replacement of screws in the   328-100 series airplanes.
 December 11, 2001.                     rudder and elevator trim
                                        tabs with new screws
                                        (including applying zinc-
                                        chromate putty, torquing the
                                        screws, and removing the
                                        squeezed zinc-chromate
                                        putty).
SB-328-55-422, dated February 8, 2002  Removal and re-installation    328-100 series airplanes.
                                        of the screws in the rudder
                                        and elevator trim tabs and
                                        the spring tab (including
                                        applying zinc-chromate
                                        putty, torquing the screws,
                                        and removing the squeezed
                                        zinc-chromate putty).
SB-328J-55-074, Revision 1, dated      Replacement of screws in the   328-300 series airplanes.
 December 11, 2001.                     rudder and elevator trim
                                        tabs with new screws
                                        (including applying zinc-
                                        chromate putty, torquing the
                                        screws, and removing the
                                        squeezed zinc-chromate
                                        putty).
SB-328J-55-153, dated February 8,      Removal and re-installation    328-300 series airplanes.
 2002.                                  of the screws in the rudder
                                        and elevator trim tabs and
                                        the spring tab (including
                                        applying zinc-chromate
                                        putty, torquing the screws,
                                        and removing the squeezed
                                        zinc-chromate putty).
SB-328-57-350, Revision 2, dated       Replacement of screws in the   328-100 series airplanes.
 January 16, 2002.                      aileron trim tabs with new
                                        screws (including applying
                                        zinc-chromate putty,
                                        torquing the screws, and
                                        removing the squeezed zinc-
                                        chromate putty).
SB-328J-57-057, Revision 2, dated      Replacement of screws in the   328-300 series airplanes.
 January 16, 2002.                      aileron trim tabs with new
                                        screws (including applying
                                        zinc-chromate putty,
                                        torquing the screws, and
                                        removing the squeezed zinc-
                                        chromate putty).
SB-328J-57-152, dated February 8,      Removal and re-installation    328-300 series airplanes.
 2002.                                  of the screws in the aileron
                                        trim tab (including applying
                                        zinc-chromate putty,
                                        torquing the screws, and
                                        removing the squeezed zinc-
                                        chromate putty).
----------------------------------------------------------------------------------------------------------------

    Accomplishment of the actions specified in the applicable service 
bulletins is intended to adequately address the identified unsafe 
condition. The LBA classified these service bulletins as mandatory and 
issued German airworthiness directives 2002-126/2 and 2002-127/2, both 
dated June 27, 2002, in order to assure the continued airworthiness of 
these airplanes in Germany.

FAA's Conclusions

    These airplane models are manufactured in Germany and are type 
certificated for operation in the United States under the provisions of 
Sec.  21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the LBA has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
LBA, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the applicable service bulletins described 
previously.

Cost Impact

    The FAA estimates that 53 Model 328-100 series airplanes and 48 
Model 328-300 series airplanes of U.S. registry would be affected by 
this proposed AD, that it would take approximately 3 work hours per 
airplane to accomplish the proposed actions, at an average labor rate 
of $60 per work hour. Required parts would be supplied by the 
manufacturer at no cost to the operators. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$18,180, or $180 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific

[[Page 60195]]

actions actually required by the AD. These figures typically do not 
include incidental costs, such as the time required to gain access and 
close up, planning time, or time necessitated by other administrative 
actions.

Regulatory Impact

    The regulations proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that 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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

Dornier Luftfahrt GMBH: Docket 2002-NM-140-AD.

    Applicability: Airplanes listed in the following table of this 
AD, certificated in any category:

                          Table--Applicability
------------------------------------------------------------------------
                   Model                             Serial No.
------------------------------------------------------------------------
328-100 series airplanes..................  3005 through 3119 inclusive.
328-300 series airplanes..................  3105 through 3196, excluding
                                             3192 through 3194
                                             inclusive.
------------------------------------------------------------------------


    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent reduced structural integrity of the screws in the 
aileron, elevator and rudder trim tabs, and the rudder spring tab 
due to countersinks that were not manufactured correctly, which 
could result in reduced controllability of the airplane, accomplish 
the following:

Screw Replacement or Removal and Re-Installation

    (a) For Model 328-100 series airplanes: Within 2 months after 
the effective date of this AD, do the actions specified in 
paragraphs (a)(1), (a)(2), and (a)(3) of this AD; as applicable.
    (1) Replace the screws in the aileron trim tab with new screws 
(including applying zinc-chromate putty, torquing the screws, and 
removing the squeezed zinc-chromate putty), per Dornier Service 
Bulletin SB-328-57-350, Revision 2, dated January 16, 2002.
    (2) Replace the screws in the rudder and elevator trim tabs with 
new screws (including applying zinc-chromate putty, torquing the 
screws, and removing the squeezed zinc-chromate putty), per Dornier 
Service Bulletin SB-328-55-368, Revision 1, dated December 11, 2001.
    (3) Except as provided by paragraph (b) of this AD, do the 
actions specified in paragraphs (a)(3)(i), (a)(3)(ii), and 
(a)(3)(iii) of this AD, per Dornier Service Bulletin SB-328-55-422, 
dated February 8, 2002.
    (i) Remove and re-install the screws in the elevator trim tab 
(including applying zinc-chromate putty, torquing the screws, and 
removing the squeezed zinc-chromate putty).
    (ii) Remove and re-install the screws in the rudder trim tab 
(including applying zinc-chromate putty, torquing the screws, and 
removing the squeezed zinc-chromate putty).
    (iii) Remove and re-install the screws in the rudder spring tab 
(including applying zinc-chromate putty, torquing the screws, and 
removing the squeezed zinc-chromate putty).
    (b) For Model 328-100 series airplanes on which the actions 
specified in Dornier Service Bulletin SB-328-55-368, Revision 1, 
dated December 11, 2001, have been accomplished, the requirements 
specified in paragraphs (a)(3)(i) and (a)(3)(ii) of this AD do not 
need to be accomplished.
    (c) For Model 328-300 series airplanes: Within 2 months after 
the effective date of this AD, do the actions specified in 
paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this AD; as 
applicable.
    (1) For airplanes having serial numbers 3105 through 3174 
inclusive: Replace the screws in the aileron trim tab with new 
screws (including applying zinc-chromate putty, torquing the screws, 
and removing the squeezed zinc-chromate putty), per Dornier Service 
Bulletin SB-328J-57-057, Revision 2, dated January 16, 2002.
    (2) For airplanes having serial numbers 3105 through 3174 
inclusive: Replace the screws in the rudder and elevator trim tabs 
with new screws (including applying zinc-chromate putty, torquing 
the screws, and removing the squeezed zinc-chromate putty), per 
Dornier Service Bulletin SB-328J-55-074, Revision 1, dated December 
11, 2001.
    (3) For airplanes having serial numbers 3105 through 3196, 
excluding serial numbers 3192 through 3194 inclusive: Except as 
provided by paragraph (d) of this AD, do the actions specified in 
paragraphs (c)(3)(i), (c)(3)(ii), and (c)(3)(iii) of this AD, per 
Dornier Service Bulletin SB-328J-55-153, dated February 8, 2002.
    (i) Remove and re-install the screws in the elevator trim tab 
(including applying zinc-chromate putty, torquing the screws, and 
removing the squeezed zinc-chromate putty).
    (ii) Remove and re-install the screws in the rudder trim tab 
(including applying zinc-chromate putty, torquing the screws, and 
removing the squeezed zinc-chromate putty).
    (iii) Remove and re-install the screws in the rudder spring tab 
(including applying zinc-chromate putty, torquing the screws, and 
removing the squeezed zinc-chromate putty).
    (4) For airplanes having serial numbers 3175 through 3196, 
excluding serial numbers 3192 through 3194 inclusive: Remove and re-
install the screws in the aileron trim tab (including applying zinc-
chromate putty, torquing the screws, and removing the squeezed zinc-
chromate putty), per Dornier Service Bulletin SB-328J-57-152, dated 
February 8, 2002.
    (d) For Model 328-300 airplanes on which the actions specified 
in Dornier Service Bulletin SB-328J-55-074, Revision 1, dated 
December 11, 2001, have been accomplished, the requirements 
specified in paragraphs (c)(3)(i) and (c)(3)(ii) of this AD do not 
need to be accomplished.

Alternative Methods of Compliance

    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.


[[Page 60196]]


    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (f) Special flight permits may be issued in accordance with 
Sec. Sec.  21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Note 3: The subject of this AD is addressed in German 
airworthiness directives 2002-126/2 and 2002-127/2, both dated June 
27, 2002.


    Issued in Renton, Washington, on September 16, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-24307 Filed 9-24-02; 8:45 am]
BILLING CODE 4910-13-P