[Federal Register Volume 68, Number 183 (Monday, September 22, 2003)]
[Rules and Regulations]
[Pages 54996-54998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23672]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-60-AD; Amendment 39-13306; AD 2003-19-03]
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 inspection of the nose landing gear (NLG) and main 
landing gear (MLG) to ensure that certain bolts are in place; 
repetitive inspections of the bolts and bolt areas for evidence of 
corrosion; and corrective action, if necessary. This action is 
necessary to prevent failure of the NLG or MLG due to corroded or 
missing bolts, which could cause loss of connection pins, and 
consequent collapse of the landing gear during ground maneuvers or upon 
landing. This action is intended to address the identified unsafe 
condition.

DATES: Effective October 27, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 27, 2003.

ADDRESSES: The service information referenced in this AD may be 
obtained from AvCraft Aerospace 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: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1503; 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 July 9, 
2003 (68 FR 40831). That action proposed to require inspection of the 
nose landing gear (NLG) and main landing gear (MLG) to ensure that 
certain bolts are in place; repetitive inspections of the bolts and 
bolt areas for evidence of corrosion; and corrective action, if 
necessary.

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.

[[Page 54997]]

Conclusion

    We have determined that air safety and the public interest require 
the adoption of the rule as proposed.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, we 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. However, for clarity and consistency in this final rule, we 
have retained the language of the NPRM regarding that material.

Change to Labor Rate Estimate

    We have reviewed the figures we have used over the past several 
years to calculate AD costs to operators. To account for various 
inflationary costs in the airline industry, we find it necessary to 
increase the labor rate used in these calculations from $60 per work 
hour to $65 per work hour. The cost impact information, below, reflects 
this increase in the specified hourly labor rate.

Cost Impact

    We estimate that 53 Model 328-100 series airplanes and 39 Model 
328-300 series airplanes of U.S. registry will be affected by this AD, 
that it will take approximately 1 work hour per airplane to accomplish 
the required inspection for bolt placement, and that the average labor 
rate is $65 per work hour. Based on these figures, the cost impact of 
the AD on U.S. operators is estimated to be $5,980, or $65 per 
airplane.
    We estimate that it will take approximately 5 work hours per 
airplane to accomplish the required inspection for corrosion, and that 
the average labor rate is $65 per work hour. Based on these figures, 
the cost impact on U.S. operators for the required inspection for 
corrosion is estimated to be $29,900, or $325 per airplane.
    The cost impact figures discussed above are 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

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:

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:

2003-19-03 Fairchild Dornier GMBH (Formerly Dornier Luftfahrt GmbH): 
Amendment 39-13306. Docket 2002-NM-60-AD.
    Applicability: Model 328-100 series airplanes having serial 
numbers 3005 through 3119 inclusive, and Model 328-300 series 
airplanes having serial numbers 3105 through 3200 inclusive; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the nose landing gear (NLG) or main 
landing gear (MLG) due to corroded or missing bolts, which could 
cause loss of connection pins, and consequent collapse of the 
landing gear during ground maneuvers or upon landing, accomplish the 
following:

Service Bulletin Reference

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For Model 328-100 series airplanes: Dornier Service Bulletin 
SB-328-32-414, dated December 3, 2001.
    (2) For Model 328-300 series airplanes: Dornier Service Bulletin 
SB-328J-32-147, dated December 3, 2001.

Inspection of Bolt Placement

    (b) Perform a one-time general visual inspection of the NLG and 
MLG to ensure that the bolts are in place, per paragraph 2.B1) of 
the applicable service bulletin. Do the inspection at the later of 
the times specified in paragraphs (b)(1) and (b)(2) of this AD. If 
all bolts are in place, no further action is required by this 
paragraph.

    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (1) Within 4,000 total flight hours, or within 24 months since 
the date of issuance of the original Airworthiness Certificate, or 
within 24 months since the date of issuance of the Export 
Certificate of Airworthiness, whichever occurs first.
    (2) Within 6 days after the effective date of this AD.

Corrective Action

    (c) During the inspection required by paragraph (b) of this AD, 
if any bolt is missing or is not in position: Prior to further 
flight, replace the bolt with a bolt having the same part number, 
per the applicable service bulletin.

Inspections for Corrosion

    (d) Within 400 flight hours or 6 months after accomplishing the 
inspection required by paragraph (b) of this AD, whichever occurs 
first: Remove the nuts, bolts, and washers of the NLG and MLG, and 
perform a detailed inspection for evidence of corrosion. Do the 
inspection per the applicable service bulletin. Repeat the 
inspection thereafter at intervals not to exceed 4,000 flight hours 
or 24 months, whichever occurs first.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good

[[Page 54998]]

lighting at intensity deemed appropriate by the inspector. 
Inspection aids such as mirror, magnifying lenses, etc., may be 
used. Surface cleaning and elaborate access procedures may be 
required.''

    (1) If no evidence of corrosion is found on any part, or if a 
new bolt is installed: Prior to further flight, apply corrosion 
prevention compound to the bolt shaft and install the bolt, per the 
applicable service bulletin.
    (2) If any evidence of corrosion is found: Prior to further 
flight, replace the bolt with a part having the same part number and 
apply corrosion prevention compound to the bolt shaft and install 
the bolt, per the applicable service bulletin.

Alternative Methods of Compliance

    (e) 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

    (f) The actions shall be done in accordance with Dornier Service 
Bulletin SB-328-32-414, dated December 3, 2001; or Dornier Service 
Bulletin SB-328J-32-147, dated December 3, 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 AvCraft Aerospace 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 2002-014/2 and 2002-015/2, both dated March 
7, 2002.

Effective Date

    (g) This amendment becomes effective on October 27, 2003.

    Issued in Renton, Washington, on September 11, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-23672 Filed 9-18-03; 12:01 pm]
BILLING CODE 4910-13-U