[Federal Register Volume 69, Number 17 (Tuesday, January 27, 2004)]
[Proposed Rules]
[Pages 3861-3863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1660]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-300-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 repetitive inspections of 
certain support arms of the ground spoiler assemblies for cracking, and 
replacement of any ground spoiler assembly having cracking with a new 
ground spoiler assembly. This proposal would also require certain 
inspections for discrepancies of the ground spoiler assemblies and the 
flap of each wing; and corrective actions if necessary. This action is 
necessary to prevent failure of the support arms due to cracking, which 
could result in loss of function and/or separation of the affected 
ground spoiler assemblies from the airplane, and consequent reduced 
controllability of the airplane during landing or rejected take-off 
operations. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by February 26, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-30AD, 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-300-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:
     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.
     For each issue, state what specific change to 
the proposed AD is being requested.
     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

[[Page 3862]]

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-300-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-300-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 
cracking has been found in support arms No. 3 and No. 8 on ground 
spoiler assemblies No. 1 and No. 2, part numbers 001B577A1000 and 
001B577A1100. The cracking is caused by higher loads placed on the 
support arms as a result of insufficient clearance between the bottom 
of the trailing edges of the ground spoilers and the upper surfaces of 
the wing flaps. This condition, if not corrected, could result in loss 
of function and/or separation of the affected ground spoiler assemblies 
from the airplane, and consequent reduced controllability of the 
airplane during landing or rejected take-off operations.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328-57-435, Revision 1, 
dated August 7, 2002, which describes procedures for repetitive eddy 
current inspections to detect cracking in the bottom edge of the flange 
for ground spoiler support arms No. 3 and No. 8 of ground spoiler 
assemblies No. 1 and No. 2, part numbers 001B577A1000 and 001B577A1100, 
left and right sides of the airplane; and replacement of any ground 
spoiler assembly having cracking with a new ground spoiler assembly.
    Dornier has also issued Service Bulletin SB-328-57-439, Revision 1, 
dated March 10, 2003, which describes procedures for a visual 
inspection, contour inspection, and clearance inspection of the ground 
spoilers and the flap of each wing for discrepancies, and corrective 
action if necessary. The service bulletin includes the following:
     Procedures for a visual inspection of the flap 
protection strip for chafing marks, reporting inspection results to the 
manufacturer, and inspecting the bottom surface of the ground spoiler 
and the mating upper surface of the flap of each wing for surface 
damage (chafing marks or paint damage), and repair if necessary. If 
abnormal chafing marks are found, the service bulletin recommends doing 
the inspection of the spoiler arms per Dornier Service Bulletin SB-328-
57-435, Revision 1, dated August 7, 2002.
     Procedures for a contour inspection of the 
ground spoiler and the flap of each wing to determine if they are 
within the specified tolerances, adjusting the ground spoiler actuator 
if out of tolerance, and reporting the inspection results to the 
manufacturer.
     Procedures for a clearance inspection between 
the bottom of the trailing edge of the ground spoiler and the upper 
surface of the flap of each wing. If there is a notable deflection 
(spring back effect) between the ground spoiler and the surface, the 
service bulletin recommends reporting the inspection results to the 
manufacturer. If there is no notable deflection (spring back effect) 
between the ground spoiler and the surface, the service bulletin 
recommends adjusting the ground spoiler actuator and repeating the 
clearance inspection.
    Accomplishment of the actions specified in the service bulletins is 
intended to adequately address the identified unsafe condition. The LBA 
classified these service bulletins as mandatory and issued German 
airworthiness directives 2002-258, dated September 5, 2002, and 2003-
357, dated November 11, 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 
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 us 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 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 bulletins described previously, 
except as discussed below.

Differences Between the Proposed AD, German Airworthiness Directive, 
and Service Information

    Operators should note that Service Bulletin SB-328-57-439, Revision 
1, dated March 10, 2003, recommends doing the actions in the service 
bulletin ``as soon as possible or at the latest at the next A-check or 
equivalent.'' German airworthiness directive 2003-357, dated November 
11, 2003, recommends doing the actions ``at latest at the next A-Check 
or equivalent.'' Because ``A-check'' schedules vary among operators, 
this proposed AD would require accomplishment of the actions within 400 
flight cycles after the effective date of this proposed AD, and 
accomplishment of any required corrective action before further flight. 
We find that compliance of within 400 flight cycles after the effective 
date of this proposed AD is appropriate for affected airplanes to 
continue to operate without compromising safety.
    Service Bulletin SB-328-57-435, Revision 1, states to contact 
Dornier if any crack is found in a support arm for a ground spoiler, 
and to send the affected ground spoiler to Dornier, but those actions 
are not required by this proposed AD. Service Bulletin SB-328-57-439, 
Revision 1, also recommends that inspection results for cracking of 
support arms be sent to Dornier, but that action is not required by 
this proposed AD.

Clarification of Procedures for Installing New Ground Spoiler

    Service Bulletin SB-328-57-435, Revision 1, specifies that if a 
crack is found in a support arm of a ground spoiler during any 
inspection, the ground spoiler should be replaced with a new ground 
spoiler. However, the service bulletin does not include procedures for 
replacing the ground spoiler. This proposed AD specifies that any 
ground spoiler replacement should be done per the applicable section(s) 
of chapters 27 or 57 of the maintenance manual.

[[Page 3863]]

Cost Impact

    We estimate that 53 airplanes of U.S. registry would be affected by 
this proposed AD.
    It would take approximately 2 work hours per airplane to accomplish 
the proposed general visual, contour, and clearance inspections of the 
ground spoilers, at an average labor rate of $65 per work hour. Based 
on these figures, the cost impact of these proposed inspections on U.S. 
operators is estimated to be $6,890, or $130 per airplane.
    It would take approximately 4 work hours per airplane to accomplish 
the proposed inspection of the support arms for the ground spoilers, at 
an average labor rate of $65 per work hour. Based on these figures, the 
cost impact of this proposed inspection on U.S. operators is estimated 
to be $13,780, or $260 per airplane.
    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-300-AD.

    Applicability: Model 328-100 series airplanes, as listed in 
Dornier Service Bulletin SB-328-57-435, Revision 1, dated August 7, 
2002; and Dornier Service Bulletin SB-328-57-439, Revision 1, dated 
March 10, 2003; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the support arms of the ground spoiler 
assemblies due to cracking, which could result in loss of function 
and/or separation of the affected ground spoiler assemblies from the 
airplane, and consequent reduced controllability of the airplane 
during landing or rejected take-off operations, accomplish the 
following:

Visual, Contour, and Clearance Inspections of Ground Spoilers, and 
Corrective Actions

    (a) Within 400 flight cycles after the effective date of this 
AD: Do the inspections for discrepancies of the ground spoiler 
assemblies and the wing flaps by doing all the actions per the 
Accomplishment Instructions of Dornier Service Bulletin SB-328-57-
439, Revision 1, dated March 10, 2003. Any applicable corrective 
action must be done before further flight per the service bulletin.

    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.''

Inspection of Ground Spoiler Support Arms

    (b) Within 4 weeks after the effective date of this AD, or prior 
to the accumulation of 4,000 total flight cycles, whichever is 
later: Do an eddy current inspection for cracking in the bottom edge 
of the flange for ground spoiler support arms No. 3 and No. 8, left 
and right sides of the airplane. Do the inspection by accomplishing 
all of the actions per the Accomplishment Instructions of Dornier 
Service Bulletin SB-328-57-435, Revision 1, dated August 7, 2002. 
Repeat the inspection thereafter at intervals not to exceed 1,000 
flight cycles.

Corrective Action

    (c) If any cracking is found during any inspection required by 
paragraph (b) of this AD, before further flight, replace the 
affected ground spoiler assembly with a new ground spoiler assembly 
per the applicable section(s) of chapters 27 or 57 of the Dornier 
Model 328-100 Maintenance Manual.

Certain Recommendations in Service Bulletins Not Required

    (d) Dornier Service Bulletin SB-328-57-435, Revision 1, dated 
August 7, 2002, states to contact Dornier if any crack is found in a 
support arm for a ground spoiler, and to send the affected ground 
spoiler to Dornier, but those actions are not required by this AD. 
Dornier Service Bulletin SB-328-57-439, Revision 1, dated March 10, 
2003, recommends that inspection results for cracking of support 
arms be sent to Dornier, but that action is not required by this AD.

Alternative Methods of Compliance

    (e) 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 2002-258, dated September 5, 2002, and 
2003-357, dated November 11, 2003.


    Issued in Renton, Washington, on January 20, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-1660 Filed 1-26-04; 8:45 am]
BILLING CODE 4910-13-P