[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Proposed Rules]
[Pages 10381-10383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4935]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-263-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 repetitive inspections of 
the bearing lugs of the rudder spring tab lever assembly for cracking, 
and corrective action if necessary. This action is necessary to prevent 
failure of the rudder flight control system due to such cracking, which 
could result in loss of rudder control 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-263-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-263-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

[[Page 10382]]

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-263-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-263-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 a failure of the rudder flight 
control system due to cracking in the bearing lugs of the rudder spring 
tab lever assembly. This condition, if not corrected, could result in 
loss of rudder control and consequent reduced controllability of the 
airplane.

Explanation of Relevant Service Information

    Dornier has issued Alert Service Bulletin ASB-328-27-036 (for Model 
328-100 series airplanes); and Alert Service Bulletin ASB-328J-27-013 
(for Model 328-300 series airplanes); both dated February 12, 2003. The 
service bulletins describe procedures for repetitive inspections which 
include detailed visual inspections of the edges of the bearing lugs of 
the rudder spring tab lever assembly for cracking, and eddy current 
inspections on both bearing lug peripherals for cracking. The service 
bulletins also describe procedures for corrective action for cracking. 
The corrective action involves replacement of the rudder spring tab 
lever assembly with a new assembly if any cracking of the bearing lugs 
is found, and a functional test of the rudder control system after 
replacement. 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 2003-383 and 2003-384, both 
dated November 13, 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

    The German airworthiness directives and service bulletins recommend 
that the inspections of the edges of the bearing lugs of the rudder 
spring tab lever assembly be repeated at every C-check; however, the 
repetitive intervals required by this proposed AD are specified as 
every 24 months, which generally corresponds to an operator's C-check 
schedule. We have determined that these repetitive intervals represent 
the maximum interval of time allowable for affected airplanes to 
continue to operate, prior to accomplishing the required inspections, 
without compromising safety. Because maintenance schedules may vary 
from operator to operator, there would be no assurance that inspections 
accomplished according to a particular operator's C-check schedule 
would be accomplished during the maximum allowable intervals.
    The service bulletins recommend reporting crack findings to the 
manufacturer, but this proposed AD does not contain such a requirement. 
In addition, the service bulletins recommend returning damaged lever 
assemblies to the manufacturer, but this proposed AD does not contain 
such a requirement.
    Whereas the service bulletins specify a detailed visual inspection 
of the rudder spring tab lever assembly, this proposed AD would require 
a detailed inspection. A note has been added to define that inspection.

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 do the proposed inspections, and that the average labor rate is $65 
per work hour. Based on these figures, the cost impact of the proposed 
AD on U.S. operators is estimated to be $7,280, or $65 per airplane, 
per inspection cycle.
    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,

[[Page 10383]]

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-263-AD.

    Applicability: All Model 328-100 and -300 series airplanes, 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the rudder flight control system due to 
cracking of the bearing lugs of the rudder spring tab lever 
assembly, which could result in loss of rudder control and 
consequent reduced controllability of the airplane, accomplish the 
following:

Repetitive Inspections

    (a) Within 400 flight hours or 2 months after the effective date 
of this AD, whichever is first: Do detailed and eddy current 
inspections for cracking of the bearing lugs of the rudder spring 
tab lever assembly by doing all the actions per Paragraphs 2.A., 
2.B., and 2.D. of the Accomplishment Instructions of Dornier Alert 
Service Bulletin ASB-328-27-036 (for Model 328-100 series 
airplanes); or ASB-328J-27-013 (for Model 328-300 series airplanes); 
both dated February 12, 2003, as applicable. If no cracking is 
found, repeat the inspections thereafter at intervals not to exceed 
24 months.

    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.''

Corrective Action/Repetitive Inspections

    (b) If any cracking is found during any inspection required by 
paragraph (a) of this AD: Before further flight, replace the spring 
tab lever assembly with a new assembly by doing all the actions per 
Paragraph 2.C. of the Accomplishment Instructions of Dornier Alert 
Service Bulletin ASB-328-27-036; or ASB-328J-27-013, both dated 
February 12, 2003, as applicable. Repeat the inspections required by 
paragraph (a) of this AD thereafter at intervals not to exceed 24 
months.
    (c) Dornier Alert Service Bulletins ASB-328-27-036 and ASB-328J-
27-013, both dated February 12, 2003, recommend reporting crack 
findings and returning damaged lever assemblies to the manufacturer, 
but this AD does not contain such requirements.

    Note 2: There is no terminating action available at this time 
for the repetitive inspections required by this AD.

Alternative Methods of Compliance

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

    Note 3: The subject of this AD is addressed in German 
airworthiness directives 2003-383 and 2003-384, both dated November 
13, 2003.


    Issued in Renton, Washington, on February 25, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4935 Filed 3-4-04; 8:45 am]
BILLING CODE 4910-13-P