[Federal Register Volume 68, Number 109 (Friday, June 6, 2003)]
[Rules and Regulations]
[Pages 33842-33844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13974]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-102-AD; Amendment 39-13184; AD 2003-11-24]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all Dornier Model 328-100 series airplanes. This 
action requires installation of retainers instead of washers in the 
upper and lower torsion bars of the rudder tab. This action is 
necessary to prevent a spring tab torsion bar from slipping through its 
retaining adapters, which could result in a loose spring tab; the loss 
of both tension springs could allow the spring tab to flutter and 
result in reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Effective June 23, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 23, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before July 7, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-102-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 the Internet must contain 
``Docket No. 2003-NM-102-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 or 
2000 or ASCII text.
    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 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.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington

[[Page 33843]]

98055-4056; telephone (425) 227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Luftfahrt-Bundesamt (LBA), which is the 
airworthiness authority for Germany, recently notified the FAA that an 
unsafe condition may exist on all Dornier Model 328-100 series 
airplanes. The LBA advises that, on an affected airplane, a lower 
torsion spring was found to be loose and an upper torsion spring had 
migrated. The torsion spring system is part of the rudder tab control 
and comprises two torsion springs and adapters. The design of the 
torsion spring and structure adapters could result in a poor fit, 
allowing the spring to slip through the adapters. Loss of both tension 
springs, if not corrected, could allow the spring tab to flutter and 
result in reduced controllability of the airplane.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328-27-298, Revision 1, 
dated November 21, 2002, which describes procedures for installation of 
a retainer instead of a washer in the upper and lower torsion bars of 
the rudder tab. Accomplishment of the action specified in the service 
bulletin is intended to adequately address the identified unsafe 
condition. The LBA classified this service bulletin as mandatory and 
issued German airworthiness directive 2003-104, dated April 3, 2003, to 
ensure the continued airworthiness of these airplanes in Germany.

FAA's Conclusions

    This airplane model is manufactured in Germany and is 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 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, this AD is being issued to prevent a spring tab 
torsion bar from slipping through its retaining adaptors, which could 
result in a loose spring tab; the loss of both tension springs could 
allow the spring tab to flutter and result in reduced controllability 
of the airplane. This AD requires installation of a retainer instead of 
a washer in the upper and lower torsion bars of the rudder tab. The 
actions are required to be accomplished in accordance with the service 
bulletin described previously.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. This material will no longer be included in each individual 
AD; however, the office authorized to approve AMOCs will be defined in 
each individual AD.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    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 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-102-AD.'' The postcard will be date stamped 
and returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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

0
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:

[[Page 33844]]

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2003-11-24 Dornier Luftfahrt GMBH: Amendment 39-13184. Docket 2003-
NM-102-AD.

    Applicability: Model 328-100 series airplanes, certificated in 
any category, as listed in Dornier Service Bulletin SB-328-27-298, 
Revision 1, dated November 21, 2002.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent a spring tab torsion bar from slipping through its 
retaining adaptors, which could result in a loose spring tab; and to 
further prevent the loss of both tension springs, which could allow 
the spring tab to flutter and result in reduced controllability of 
the airplane, accomplish the following:

Retainer Installation

    (a) Within 2 months after the effective date of this AD: Install 
a retainer instead of a washer in the upper and the lower torsion 
bars of the rudder, in accordance with Dornier Service Bulletin SB-
328-27-298, Revision 1, dated November 21, 2002. Installation of a 
retainer before the effective date of this AD in accordance with 
Dornier Service Bulletin SB-328-27-298, dated March 26, 1999, is 
acceptable for compliance with the requirements of this paragraph.

Alternative Methods of Compliance

    (b) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, is authorized to approve alternative methods 
of compliance for this AD.

Incorporation by Reference

    (c) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Dornier Service Bulletin SB-328-27-298, 
Revision 1, dated November 21, 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, 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: The subject of this AD is addressed in German 
airworthiness directive 2003-104, dated April 3, 2003.

Effective Date

    (d) This amendment becomes effective on June 23, 2003.

    Issued in Renton, Washington, on May 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-13974 Filed 6-5-03; 8:45 am]
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