[Federal Register Volume 68, Number 50 (Friday, March 14, 2003)]
[Rules and Regulations]
[Pages 12285-12287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5860]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-218-AD; Amendment 39-13084; AD 2003-05-08]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Dornier Model 328-100 and -300 series airplanes, 
that requires 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: Effective April 18, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 18, 2003.

[[Page 12286]]


ADDRESSES: The service information referenced in this AD may be 
obtained from Fairchild Dornier, Dornier Luftfahrt GmbH, P.O. 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 December 
10, 2002 (67 FR 75822). That action proposed to require replacement of 
certain flight data recorder (FDR) and cockpit voice recorder (CVR) 
impact switches with certain new impact switches.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
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 would be affected by 
this AD, that it will take approximately 1 work hour per airplane to 
accomplish the required replacement, and that the average labor rate is 
$60 per work hour. Required parts will cost approximately $1,346 per 
airplane. Based on these figures, the cost impact of the 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 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:

2003-05-08 Dornier Luftfahrt GMBH: Amendment 39-13084. 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 Nos.
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328-100 series airplanes..................  3005 through 3119 inclusive.
328-300 series airplanes..................  3105 through 3223 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 (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 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, FAA, 
Transport Airplane Directorate. 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

[[Page 12287]]

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

    (e) The actions shall be done in accordance with Dornier Service 
Bulletin SB-328-31-390, dated September 6, 2001; and Dornier Service 
Bulletin SB-328J-31-118, dated September 6, 2001; as applicable. 
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, P.O. 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 2002-238 and 2002-239, both dated August 
22, 2002.

Effective Date

    (f) This amendment becomes effective on April 18, 2003.

    Issued in Renton, Washington, on March 5, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-5860 Filed 3-13-03; 8:45 am]
BILLING CODE 4910-13-P