[Federal Register Volume 67, Number 237 (Tuesday, December 10, 2002)]
[Proposed Rules]
[Pages 75822-75824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31135]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-218-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).

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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 
certain flight data recorder (FDR) and cockpit voice recorder (CVR) 
impact switches with certain new impact switches. This action is 
necessary to prevent the loss of data recorded on the FDR and CVR, 
which, in the event of an accident, could result in the inability to 
retrieve data from the FDR and CVR during the accident investigation. 
This loss of data could hinder the identification of the unsafe 
condition which caused the accident, and prevent the FAA from 
developing and mandating actions to prevent additional accidents caused 
by that same unsafe condition.

DATES: Comments must be received by January 9, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-218-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-218-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

[[Page 75823]]

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 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-218-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-218-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 it received a report indicating that 3g-impact switches 
were found to be installed in the flight data recorder (FDR) and 
cockpit voice recorder (CVR). The 3g-impact switches could turn off the 
FDR and CVR once the loads on the airplane reached 3g, and, thus, there 
would be no means of recording data when the loads exceeded 3g. An 
airplane acceleration of 4.25g could trip the switches and turn off the 
FDR and CVR. In the event of an accident, after experiencing 4.25g, the 
FDR and CVR could be turned off and data would not be recorded. 
Replacement of the 3g-impact switches with new, 6g-impact switches is 
necessary to prevent the loss of data recorded on the FDR and CVR, 
which could result in the inability to retrieve data from the FDR and 
CVR in the event of an accident. This loss of data could hinder the 
identification of the unsafe condition which caused the accident, and 
prevent the FAA from developing and mandating actions to prevent 
additional accidents caused by that same unsafe condition.

FAA's Determination of Unsafe Condition

    This action is necessary to prevent the loss of data recorded on 
the FDR and CVR. The loss of data does not directly affect the safety 
of the airplane. However, should an airplane with a 3g-impact switch 
have an unsafe condition which results in an accident, the data 
retrieved from the FDR and CVR would be incomplete. This lack of 
reliable data could hinder identification of the unsafe condition which 
caused the accident, and prevent the FAA from developing and mandating 
actions to prevent additional accidents caused by that same unsafe 
condition. Therefore, the FAA has determined that the proposed action 
is necessary.
    It should be noted that the purpose of this action is not to 
enhance the safety of the Dornier Model 328-100 and -300 series 
airplanes, but rather to restore the level of safety provided by the 
originally approved FDR and CVR. Therefore, this AD is the appropriate 
regulatory vehicle to achieve this purpose.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletins SB-328-31-390 (for Model 328-
100 series airplanes); and SB-328J-31-118 (for Model 328-300 series 
airplanes); both dated September 6, 2001. These service bulletins 
describe procedures for replacement of 3g-impact switches with new, 6g-
impact switches for the FDR and the CVR. The LBA classified these 
service bulletins as mandatory and issued German airworthiness 
directives 2002-238 and 2002-239, both dated August 22, 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 
section 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 the loss of data recorded on the FDR and CVR may hinder the 
identification of an unsafe condition 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 bulletin 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 1 work hour per 
airplane to accomplish the proposed replacement, and that the average 
labor rate is $60 per work hour. Required parts would cost 
approximately $1,346 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be 
$142,006, or $1,406 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 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

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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-218-AD.

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

                          Table--Applicability
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                  Model                              Serial No.
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328-100 series airplanes.................  3005 through 3119 inclusive
328-300 series airplanes.................  3105 through 3223 inclusive
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    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 (c) 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 the loss of data recorded on the flight data recorder 
(FDR) and cockpit voice recorder (CVR), which, in the event of 
accident, could result in the inability to retrieve data from the 
FDR and CVR during the accident investigation, and hinder the 
identification of the unsafe condition which caused the accident, 
accomplish the following:

Switch Replacement

    (a) For Model 328-100 series airplanes: Within 12 months after 
the effective date of this AD, replace the FDR and cockpit voice 
recorder CVR 3g-impact switches, with new, 6g-impact switches, per 
the Accomplishment Instructions of Dornier Service Bulletin SB-328-
31-390, dated September 6, 2001.
    (b) For Model 328-300 series airplanes: Within 12 months after 
the effective date of this AD, replace the FDR and CVR 3g-impact 
switches, with new, 6g-impact switches, per the Accomplishment 
Instructions of Dornier Service Bulletin SB-328J-31-118, dated 
September 6, 2001.

Alternative Methods of Compliance

    (c) 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 Operations Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    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

    (d) Special flight permits may be issued in accordance with 
sections 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 2002-238 and 2002-239, both dated August 
22, 2002.



    Issued in Renton, Washington, on December 4, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-31135 Filed 12-9-02; 8:45 am]
BILLING CODE 4910-13-P