[Federal Register Volume 68, Number 221 (Monday, November 17, 2003)]
[Proposed Rules]
[Pages 64822-64823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28610]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 221 / Monday, November 17, 2003 / 
Proposed Rules  

[[Page 64822]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-267-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 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 328-300 
series airplanes. This proposal would require replacement of 3-switch 
and 4-switch overhead fire extinguisher control panels with new, 
improved panels. This action is necessary to prevent the inadvertent 
release of the fire switch pushbutton on the overhead fire extinguisher 
control panel with the switch guard closed, which could result in an 
uncommanded engine shutdown. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by December 17, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002 NM-267-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-267-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 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from AvCraft Aerospace 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 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-267-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-267-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 328-300 series airplanes. The LBA advises that 
the airplane manufacturer identified a design problem with the switch 
guard for the fire switch pushbutton on the overhead fire extinguisher 
control panel. The procedure that uses the switch guard to reset the 
fire switch pushbutton does not force the pushbutton into the locked 
position, and the spring force of the pushbutton works against the 
switch guard. A slight lifting of the switch guard during flight, due 
to g-forces, could cause the switch guard to open and inadvertently 
release the pushbutton, and activate the engine shutdown function. Such 
conditions could result in an uncommanded engine shutdown.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletins SB-328J-26-156 and SB-328J-26-
161, both dated February 26, 2002, which describe procedures for 
replacing the 3-switch and 4-switch overhead fire extinguisher control 
panels with new, improved control panels; and operational testing of 
the newly installed control panels. The procedures described in the two 
service bulletins are similar. The serial numbers listed in the 
effectivity of each service bulletin are different because SB-328J-26-
161 addresses airplanes with a 3-switch panel and SB-328J-26-156 
addresses airplanes with a 4-switch panel. Accomplishment of the 
actions specified in the service bulletins is intended to adequately 
address the identified unsafe condition. Dornier Service Bulletin SB-
328J-26-156 refers

[[Page 64823]]

to Smiths Aerospace Service Bulletin 371-01, dated February 20, 2002, 
as an additional source of service information for accomplishment of 
the actions. Dornier Service Bulletin SB-328J-26-161 refers to Smiths 
Aerospace Service Bulletin 370-01, dated February 20, 2002, as an 
additional source of service information for accomplishment of the 
actions. The LBA classified the Dornier service bulletins as mandatory 
and issued German airworthiness directives 2002-251, dated September 5, 
2002; and 2002-335, dated October 17, 2002, 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 
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 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, the proposed AD would require accomplishment of 
the actions specified in the service bulletins described previously.

Cost Impact

    The FAA estimates that 19 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 of the 
overhead fire extinguisher control panel, and that the average labor 
rate is $65 per work hour. Required parts would be provided by the 
parts manufacturer at no cost to operators. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$1,235, or $65 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 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 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:

Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): Docket 
2002-NM-267-AD.

    Applicability: Model 328-300 series airplanes as listed in 
Dornier Service Bulletins SB-328J-26-156 and SB-328J-26-161, both 
dated February 26, 2002; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the inadvertent release of the fire switch pushbutton 
on the overhead fire extinguisher control panel with the switch 
guard closed, which could result in an uncommanded engine shutdown, 
accomplish the following:

Replacement of Overhead Fire Extinguisher Control Panel and Follow-
on Actions

    (a) Within 16 months after the effective date of this AD: 
Replace the overhead fire extinguisher control panels with new, 
improved fire extinguisher control panels, by accomplishing all of 
the actions specified in Paragraphs 2.A, 2.B(1) through (4) 
inclusive, and 2.C, of the Accomplishment Instructions of Dornier 
Service Bulletin SB-328J-26-156 or SB-328J-26-161, both dated 
February 26, 2002; as applicable.

    Note 1: Dornier Service Bulletins SB-328J-26-156 and SB-328J-26-
161 refer to Smiths Aerospace Service Bulletins 371-01 and 370-01, 
respectively, both dated February 20, 2002, as additional sources of 
service information for accomplishment of the required actions.

Parts Installation

    (b) As of the effective date of this AD, no person may install 
fire extinguisher control panels manufactured by Smiths Aerospace 
having part numbers 715740-1 or 715355-1 on any airplane.

Alternative Methods of Compliance

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

    Note 2: The subject of this AD is addressed in German 
airworthiness directives 2002-251, dated September 5, 2002; and 
2002-335, dated October 17, 2002.



    Issued in Renton, Washington, on November 10, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-28610 Filed 11-14-03; 8:45 am]
BILLING CODE 4910-13-P