[Federal Register Volume 68, Number 24 (Wednesday, February 5, 2003)]
[Rules and Regulations]
[Pages 5810-5812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2152]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-140-AD; Amendment 39-13042; AD 2003-03-17]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Dornier Model 328-100 and -300 series airplanes, 
that requires 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: Effective March 12, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 12, 2003.

ADDRESSES: The service information referenced in this AD may be 
obtained from FAIRCHILD DORNIER, DORNIER Luftfahrt GmbH, PO Box 1103, 
D-82230 Wessling, Germany. This information may be examined at the 
Federal Aviation Administration (FAA), Transport Airplane Directorate, 
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Dornier Model 328-100 and 
-300 series airplanes was published in the Federal Register on 
September 25, 2002 (67 FR 60193). That action proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response

[[Page 5811]]

to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 53 Model 328-100 series airplanes and 48 
Model 328-300 series airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 3 work hours per airplane to 
accomplish the required actions, and that the average labor rate is $60 
per work hour. Required parts will be supplied by the manufacturer at 
no cost to operators. Based on these figures, the cost impact of the 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 requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this 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 adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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:

2003-03-17 Dornier Luftfahrt GMBH: Amendment 39-13042. Docket 2002-
NM-140-AD.

    Applicability: Airplanes listed in Table 1 of this AD, 
certificated in any category. Table 1 follows:

                         Table 1.--Applicability
------------------------------------------------------------------------
                    Model                            Serial numbers
------------------------------------------------------------------------
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 2 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.

[[Page 5812]]

    (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.

    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 
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.

Incorporation by Reference

    (g) The actions shall be done in accordance with the Dornier 
service bulletins listed in Table 2 of this AD as follows:

                       Table 2.--Service Bulletins
------------------------------------------------------------------------
    Dornier service bulletin           Revision              Date
------------------------------------------------------------------------
SB-328-57-350...................  2.................  January 16, 2002
SB-328-55-368...................  1.................  December 11, 2001
SB-328-55-422...................  Original..........  February 8, 2002
SB-328J-57-057..................  2.................  January 16, 2002
SB-328J-55-074..................  1.................  December 11, 2001
SB-328J-55-153..................  Original..........  February 8, 2002
SB-328J-57-152..................  Original..........  February 8, 2002
------------------------------------------------------------------------

    This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from FAIRCHILD DORNIER, DORNIER 
Luftfahrt GmbH, PO Box 1103, D-82230 Wessling, Germany. Copies may 
be inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

    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.

Effective Date

    (h) This amendment becomes effective on March 12, 2003.

    Issued in Renton, Washington, on January 24, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-2152 Filed 2-4-03; 8:45 am]
BILLING CODE 4910-13-P