[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Proposed Rules]
[Pages 10379-10381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4934]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-120-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 and -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 all Dornier Model 328-100 and -300 
series airplanes. This proposal would require a one-time inspection for 
fracture and/or breakage of the hinge bolt of the output rod of the 
rudder spring tab lever assembly, and corrective action if necessary. 
This proposal also would require modification of the hinge bolt. This 
action is necessary to prevent fracture and/or breakage of the hinge 
bolt, which could result in migration of the bolt tail, a loose spring 
tab, and consequent reduced controllability of the airplane. 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-120-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-120-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.

[[Page 10380]]

    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-120-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-120-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 all 
Dornier Model 328-100 and -300 series airplanes. The LBA advises that 
certain data indicate the possibility of fracture and/or breakage of 
the hinge bolt tail of the output rod of the rudder spring tab lever 
assembly, which could result in migration of the bolt tail. This 
condition, if not corrected, could result in a loose spring tab and 
consequent reduced controllability of the airplane.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletins SB-328-27-423 (for Model 328-
100 series airplanes), and SB-328J-27-159 (for Model 328-300 series 
airplanes), both dated February 4, 2002. The service bulletins describe 
procedures for a one-time inspection for fracture and/or breakage of 
the hinge bolt of the output rod of the rudder spring tab lever 
assembly. The service bulletins also describe procedures for 
modification of the hinge bolt. The modification includes installing a 
new locking washer, plain washer, and castellated nut, application of 
corrosion preventative treatment to the contact surfaces of the locking 
washer, and torqueing the castellated nut. 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 2003-137 and 2003-143, both dated May 15, 2003, to ensure 
the continued airworthiness of these airplanes in Germany.

FAA's Conclusions

    These airplane models are manufactured in Germany and are 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 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, 
except as discussed below.

Differences Among Alert Service Bulletins, German Airworthiness 
Directives, and Proposed AD

    Whereas the service bulletins and German airworthiness directives 
do not specify the type of inspection of the hinge bolt of the output 
rod of the rudder spring tab lever assembly, this proposed AD would 
require a detailed inspection. A note has been added to define the 
inspection.
    The service bulletins do not describe procedures for corrective 
action if any broken bolt is found during the inspection, but this 
proposed AD would require replacement of the bolt per a method approved 
by either the FAA or the LBA for compliance with this proposed AD.

Cost Impact

    We estimate that 112 airplanes of U.S. registry would be affected 
by this proposed AD, that it would take about 1 work hour per airplane 
to accomplish the proposed inspection and modification, and that the 
average labor rate is $65 per work hour. Required parts would cost 
about $205 per airplane. Based on these figures, the cost impact of the 
proposed AD on U.S. operators is estimated to be $30,240, or $270 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,

[[Page 10381]]

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-120-AD.

    Applicability: All Model 328-100 and 328-300 series airplanes, 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fracture and/or breakage of the hinge bolt of the 
output rod of the rudder spring tab lever assembly, which could 
result in migration of the bolt tail, a loose spring tab, and 
consequent reduced controllability of the airplane, accomplish the 
following:

One-Time Inspection/Corrective Action/Modification

    (a) Within 4 months after the effective date of this AD: Do a 
one-time detailed inspection of the hinge bolt of the output rod of 
the rudder spring tab lever assembly for fracture and/or breakage of 
the hinge bolt by doing all the applicable actions per the 
Accomplishment Instructions of Dornier Service Bulletin SB-328-27-
423 (for Model 328-100 series airplanes) or SB-328J-27-159 (for 
Model 328-300 series airplanes), both dated February 4, 2002, as 
applicable.

    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 fracture or breakage is found: Before further flight, 
modify the hinge bolt by doing all the applicable actions per the 
Accomplishment Instructions of the applicable service bulletin.
    (2) If any fracture or breakage is found: Before further flight, 
replace the bolt per a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Luftfahrt-Bundesamt (or its delegated agent); then modify the 
hinge bolt as required by paragraph (a)(1) of this AD.

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 2: The subject of this AD is addressed in German 
airworthiness directives 2003-137 and 2003-143, both dated May 15, 
2003.


    Issued in Renton, Washington, on February 26, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4934 Filed 3-4-04; 8:45 am]
BILLING CODE 4910-13-P