[Federal Register Volume 69, Number 32 (Wednesday, February 18, 2004)]
[Rules and Regulations]
[Pages 7556-7557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3204]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-226-AD; Amendment 39-13480; AD 2004-03-36]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 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 series airplanes, that 
requires 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: Effective March 24, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 24, 2004.

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: 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: 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 
series airplanes was published in the Federal Register on December 5, 
2003 (68 FR 67980). That action proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received from one commenter.

Request To Revise Service Information

    The commenter requests that the service information be revised to 
include Dornier Service Bulletin SB-328-76-409, Revision 2, dated 
October 7, 2002, as an additional source of service information for the 
accomplishment of the actions required by the proposed AD. (The 
proposed AD references Dornier Service Bulletin SB-328-76-409, Revision 
1, dated May 17, 2002, as the appropriate source of service 
information.) Revision 2 changes the ``Note'' on page 1 of the service 
bulletin from ``Other Engine Control Cables with different batch No's 
are not affected'' to ``Other Engine Control Cables with different or 
without batch No's are not affected.'' The commenter states that the 
revision to the ``Note'' is important to ensure affected operators do 
not waste resources by replacing engine control cables that do not need 
replacing.
    The FAA agrees with the commenter's request. We reviewed Revision 2 
of the service bulletin and find that the actions are otherwise 
essentially identical to Revision 1. We have revised paragraph (a) of 
this final to require accomplishment of the actions in accordance with 
either Revision 1 or Revision 2 of Dornier Service Bulletin SB-328-76-
409.

Request To Clarify Paragraph (a)(2), Identification of Manufacturing 
Batch Number

    The commenter also requests that the wording in paragraph (a)(2) of 
the proposed AD be changed. The commenter states that the text in 
paragraphs (a)(1) and (a)(2) is contradictory and misleading. Paragraph 
(a)(1) states, ``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.'' Paragraph (a)(2) states, ``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.'' The commenter 
states that paragraph (a)(2) is essentially telling operators that if 
the engine control cable inspected in paragraph (a) has part number (P/
N) 001A761A1130-016, it must be replaced before further flight. The 
commenter states that the intent of the service bulletin is that an 
engine control cable be replaced only if the cable has P/N 
001A761A1130-016 and is engraved with manufacturing batch number (MBN) 
1000125850 or 1000144210.
    We agree with the commenter's request to change the wording of 
paragraph (a)(2) in this final rule. As written, it is not clear that 
only engine control cables having a certain P/N that is engraved with a 
certain MBN must be replaced. We have changed the wording in paragraph 
(a)(2) of this final rule to ``if any engine control cable has a P/N 
and an MBN specified in paragraph (a) of this AD, before further 
flight, replace the cable in accordance with the Accomplishment 
Instructions of the service bulletin.''

[[Page 7557]]

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    We estimate that 53 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 actions, 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 $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 replacement of an engine control cable 
is $520 per cable.
    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:

2004-03-36 Fairchild Dornier GMBH (Formerly Dornier Luftfahrt GmbH): 
Amendment 39-13480. Docket 2002-NM-226-AD.

    Applicability: Model 328-100 series airplanes, as listed in 
Dornier Service Bulletin SB-328-76-409, Revision 2, dated October 7, 
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; or Dornier Service Bulletin SB-328-76-409, Revision 2, dated 
October 7, 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 has a P/N and an MBN specified 
in paragraph (a) of this AD, 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.

Incorporation by Reference

    (d) The actions shall be done in accordance with Dornier Service 
Bulletin SB-328-76-409, Revision 1, dated May 17, 2002; or Dornier 
Service Bulletin SB-328-76-409, Revision 2, dated October 7, 2002. 
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 2: The subject of this AD is addressed in German 
airworthiness directive 2002-252, dated September 5, 2002.

Effective Date

    (e) This amendment becomes effective on March 24, 2004.

    Issued in Renton, Washington, on February 5, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-3204 Filed 2-17-04; 8:45 am]
BILLING CODE 4910-13-P