[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Proposed Rules]
[Pages 287-289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-49]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-400-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

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 replacement of the 
existing main landing gear (MLG) leg assembly with a modified assembly. 
This action is necessary to prevent fatigue damage of the MLG leg, 
which could result in collapse of the MLG. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by February 4, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-400-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. 2001-NM-400-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: 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:

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 2001-NM-400-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. 2001-NM-400-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 
shot-peening, a manufacturing process used to improve fatigue strength, 
was not done on the main body of certain main landing gear

[[Page 288]]

(MLG) leg assemblies. This condition, if not corrected, could lead to 
fatigue damage of the MLG leg assembly, which could result in collapse 
of the MLG.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328-32-344, Revision 1, 
dated June 11, 2001, which describes procedures for replacement of the 
existing MLG leg assembly with an MLG assembly having a shot-peened 
main body. That service bulletin refers to Messier-Dowty Service 
Bulletin 800-32-028, dated November 27, 2000, as the appropriate source 
of service information for shot-peening the main body of the MLG leg. 
The Dornier Service Bulletin also specifies that Messier-Dowty Service 
Bulletin 800-32-014, dated January 18, 1999, must be accomplished on 
the MLG leg assembly at the same time as the other Messier-Dowty 
service bulletin (unless accomplished previously). Messier-Dowty 
Service Bulletin 800-32-014 describes procedures for replacing existing 
bushings on the main body and trailing arm of the MLG with improved 
bushings and installing the new bushings using the heat-and-shrink 
method instead of bonding.
    Accomplishment of the actions specified in Dornier Service Bulletin 
SB-328-32-344, Revision 1, is intended to adequately address the 
identified unsafe condition. The LBA classified Dornier Service 
Bulletin SB-328-32-344, Revision 1, as mandatory and issued German 
airworthiness directive 2002-001, dated January 10, 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. We have 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 bulletin described previously.

Cost Impact

    We estimate that 53 airplanes of U.S. registry would be affected by 
this proposed AD, that it would take approximately 8 work hours per 
airplane to accomplish the proposed replacement, and that the average 
labor rate is $65 per work hour. Required parts would be provided by 
the manufacturer at no charge. Based on these figures, the cost impact 
of the proposed AD on U.S. operators is estimated to be $27,560, or 
$520 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 
2001-NM-400AD.

    Applicability: Model 328-100 series airplanes, certificated in 
any category, serial numbers (S/Ns) 3005 through 3119 inclusive, 
equipped with a main landing gear (MLG) leg assembly, main body, or 
main machined body having a part number (P/N) and S/N listed in 
Table 1 of this AD.


Table 1.--MLG Leg Assembly, Main Body, and Main Machined Body P/Ns and S/
                                   Ns
------------------------------------------------------------------------
          MLG part name                   P/N                S/Ns
------------------------------------------------------------------------
Leg assembly....................  22730-000-02......  U16 through U22
                                                       inclusive.
Leg assembly....................  22731-000-02......  U16 through U22
                                                       inclusive.
Main body.......................  22415-000-01......  U16 through U22
                                                       inclusive.
Main body.......................  22416-000-01......  U16 through U22
                                                       inclusive.
Main machined body..............  24284-000-00......  U56, U62, U64,
                                                       U66, U68, U70,
                                                       U74.
Main machined body..............  22286-000-00......  U51, U57, U59,
                                                       U65, U67, U73,
                                                       U85.
------------------------------------------------------------------------


[[Page 289]]

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue damage of the MLG leg, which could result in 
collapse of the MLG, accomplish the following:

Replacement of MLG Leg Assembly

    (a) Prior to the accumulation of 16,000 total landings on the 
MLG body, or within 300 flight hours after the effective date of 
this AD, whichever occurs later, replace the existing MLG leg 
assembly with a modified leg assembly per Dornier Service Bulletin 
SB-328-32-344, Revision 1, dated June 11, 2001.

    Note 1: Dornier Service Bulletin SB-328-32-344, Revision 1, 
refers to Messier-Dowty Service Bulletins 800-32-028, dated November 
27, 2000; and 800-32-014, dated January 18, 1999; as appropriate 
sources of service information for modifying the MLG leg assembly.

Alternative Methods of Compliance

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

    Note 2: The subject of this AD is addressed in German 
airworthiness directive 2002-001, dated January 10, 2002.


    Issued in Renton, Washington, on December 29, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-49 Filed 1-2-04; 8:45 am]
BILLING CODE 4910-13-P