[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Proposed Rules]
[Pages 67980-67981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30225]



[[Page 67980]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-226-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 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 328-100 
series airplanes. This proposal would require a one-time inspection of 
certain engine control cables to determine the batch number on the end 
fitting, and replacement of affected cables with new cables. This 
action is necessary to prevent failure of defective engine control 
cables, which could result in loss of the engine controls, and 
consequent reduced controllability of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by January 5, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-226-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-226-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-226-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-226-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 328-100 series airplanes. The LBA advises that, 
during testing, the manufacturer of the engine control cables, SARMA, 
found evidence of cracking on the end fittings of two specific batches 
of parts, due to a manufacturing problem. Such cracking, if not 
corrected, could result in failure of the engine control cables, 
subsequent loss of the engine controls, and consequent reduced 
controllability of the airplane.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328-76-409, Revision 1, 
dated May 17, 2002, which describes procedures for inspecting engine 
control cables having part number 001A761A1130-016 to determine the 
manufacturing batch number, and replacing affected engine control 
cables with new cables. Accomplishment of the actions 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 2002-252, dated September 5, 
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 
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 Proposed AD

    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 bulletin described previously, 
except as discussed below.

Differences Between the Service Bulletin and Proposed AD

    Although the service bulletin specifies to send any engine control 
cable removed from the airplane to the parts manufacturer, this 
proposed AD does not require that action.

[[Page 67981]]

Clarification of Compliance Time

    Operators should note that the service bulletin recommends doing 
the inspection at the ``next scheduled maintenance event,'' and 
replacing any affected engine control cable at ``the next scheduled C-
check (4,000 FH).'' The German airworthiness directive recommends 
replacing any affected engine control cable ``not later than the next 
scheduled C-check.'' Because ``C-check'' schedules vary among 
operators, this proposed AD would require accomplishment of the 
inspection within 4,000 flight hours after the effective date of the 
AD, and replacement of any affected cable before further flight. We 
find that compliance within 4,000 flight hours after the effective date 
of this AD is appropriate for affected airplanes to continue to operate 
without compromising safety.

Cost Impact

    We estimate that 53 airplanes of U.S. registry would be affected by 
this proposed AD, that it would take approximately one work hour per 
airplane to accomplish the proposed actions, at an average labor rate 
of $65 per work hour. Based on these figures, the cost impact of the 
proposed AD on U.S. operators is estimated to be $3,445, or $65 per 
airplane.
    Replacement of an engine control cable, if required, would take 
approximately 8 work hours, at an average labor rate of $65 per work 
hour. Parts would be provided at no cost to operators. Based on these 
figures, the cost impact of the proposed replacement of the engine 
control cables is $520 per cable.
    The cost impact figures discussed above are 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-226-AD.

    Applicability: Model 328-100 series airplanes, as listed in 
Dornier Service Bulletin SB-328-76-409, Revision 1, dated May 17, 
2002; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of defective engine control cables, which 
could result in loss of the engine controls, and consequent reduced 
controllability of the airplane, accomplish the following:

Identification of Manufacturing Batch Number

    (a) Within 4,000 flight hours after the effective date of this 
AD, do a detailed inspection of the engine control cables for cables 
that have part number (P/N) 001A761A1130-016, engraved with 
manufacturing batch number (MBN) 1000125850 or 1000144210 installed. 
Inspect in accordance with the Accomplishment Instructions of 
Dornier Service Bulletin SB-328-76-409, Revision 1, dated May 17, 
2002.

    Note 1: 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 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 engine control cable has a P/N and an MBN specified in 
paragraph (a) of this AD, no further action is required by this 
paragraph.
    (2) If any engine control cable having the P/N or an MBN 
specified in paragraph (a) of this AD is found, before further 
flight, replace the cable in accordance with the Accomplishment 
Instructions of the service bulletin. Although the service bulletin 
specifies to send any engine control cable that has been removed 
from the airplane to the part manufacturer, this AD does not require 
that action.

Parts Installation

    (b) As of the effective date of this AD, no person may install 
an engine control cable having P/N 001A761A1130-016, engraved with 
MBN 1000125850 or 1000144210, 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 directive 2002-252, dated September 5, 2002.


    Issued in Renton, Washington, on November 28, 2003.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-30225 Filed 12-4-03; 8:45 am]
BILLING CODE 4910-13-P