[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Proposed Rules]
[Pages 10378-10379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4933]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-138-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 modification of a certain 
ground cooling fan. This action is necessary to prevent overheating of 
the connecting terminals of the ground cooling fan, which could result 
in smoke or fire in the flight compartment and main cabin. This action 
is intended to address the identified unsafe condition.

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

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-138-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. 2003-NM-138-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 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 2003-NM-138-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. 2003-NM-138-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 
certain data indicate that the high transition resistance of the 
connecting terminals in a certain ground cooling fan may cause the 
terminals to overheat. Such high transition resistance is due to a 
loose stud connection. Overheating of the connecting terminals could 
result in smoke or fire in the flight compartment and main cabin.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328J-21-045, Revision 1, 
dated February 26, 2003, which describes procedures for modification of 
any ground cooling fan having part number AE1716D00. The modification 
involves replacement of the wire subassemblies (positive and negative) 
with new wire subassemblies, installation of a hexagon nut on the 
positive terminal to improve the terminal lug installation, and 
replacement of the basic flat washer with a spring washer. 
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 2003-144, dated May 15, 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

[[Page 10379]]

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 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 52 airplanes of U.S. registry would be affected by 
this proposed AD, that it would take about 2 work hours per airplane to 
accomplish the proposed modification, and that the average labor rate 
is $65 per work hour. Required parts would cost about $14,000 per 
airplane. Based on these figures, the cost impact of the proposed AD on 
U.S. operators is estimated to be $734,760, or $14,130 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 
2003-NM-138-AD.

    Applicability: Model 328-300 series airplanes equipped with a 
ground cooling fan, part number AE1716D00, certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent overheating of the connecting terminals of the ground 
cooling fan, which could result in smoke or fire in the flight 
compartment and main cabin, accomplish the following:

Modification

    (a) Within 60 days after the effective date of this AD: Modify 
the ground cooling fan by doing all the actions per the 
Accomplishment Instructions of Dornier Service Bulletin SB-328J-21-
045, Revision 1, dated February 26, 2003.

Alternative Methods of Compliance

    (b) 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 1: The subject of this AD is addressed in German 
airworthiness directive 2003-144, dated May 15, 2003.


    Issued in Renton, Washington, on February 24, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4933 Filed 3-4-04; 8:45 am]
BILLING CODE 4910-13-P