[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Proposed Rules]
[Pages 12594-12596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5967]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-121-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 all Dornier Model 328-300 series 
airplanes. This proposal would require various one-time inspections for 
discrepancies of the ground spoiler assemblies and the flap of each 
wing, and related investigative and corrective actions. This action is 
necessary to prevent failure of certain ground spoiler support arms due 
to interference between the ground spoiler assemblies and the wing 
flaps, which could result in loss of function of affected ground 
spoiler assemblies and consequent reduced controllability of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by April 16, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-121-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-121-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-121-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-121-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 328-300 series airplanes. The LBA advises that there may 
be insufficient clearance between the bottom of the trailing edges of 
the ground spoilers and the upper surfaces of the wing flaps, which 
places higher loads on support arms 3 and 8 of the 
ground spoiler assemblies. Higher loads may result in premature 
cracking of the support arms. This condition, if not corrected, could 
result in loss of function of the affected ground spoiler assemblies, 
and consequent reduced controllability of the airplane.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328J-57-180, Revision 1, 
dated March 10, 2003, which describes procedures for a visual 
inspection, contour inspection, and clearance

[[Page 12595]]

inspection of the ground spoilers and the flap of each wing for 
discrepancies, and the following related investigative and corrective 
actions:
     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.
     A contour inspection of the ground spoiler and 
the flap of each wing to determine if they are within the tolerances 
specified in Table 1 of the service bulletin, adjusting the ground 
spoiler actuator if out of tolerance, and repeating the inspection one 
time if the ground spoiler actuator is adjusted.
     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 writing down and reporting the results of the clearance and 
contour inspections 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 contour inspection one time.
    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 2003-120/2, dated July 24, 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 the FAA informed of 
the situation described above. The FAA has 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 Between the Proposed AD, German Airworthiness Directive, 
and Service Information

    Operators should note that the service bulletin recommends doing 
the specified actions ``as soon as possible, or at the latest, at the 
next A-Check or equivalent.'' The German airworthiness directive 
recommends doing the actions ``as soon as possible, but not later than 
the next A-Check.'' 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. We find 
that a compliance time of within 400 flight cycles after the effective 
date of this AD is appropriate for affected airplanes to continue to 
operate without compromising safety.
    Whereas the service bulletin specifies a visual inspection of the 
flap protection strip for chafing marks, this proposed AD requires a 
general visual inspection. A note has been added to define that 
inspection.
    The service bulletin also specifies to submit information to the 
manufacturer, however, this proposed AD does not include such a 
requirement.

Cost Impact

    We estimate that 48 airplanes of U.S. registry would be affected by 
this proposed AD, that it would take approximately 2 work hours per 
airplane to accomplish the proposed actions, 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 $6,240, or $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-121-AD.

    Applicability: All Model 328-300 airplanes, certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of certain ground spoiler support arms due to 
interference between the ground spoiler assemblies and the wing 
flaps, which could result in loss of function of affected ground 
spoiler assemblies and consequent reduced controllability of the 
airplane, accomplish the following:

[[Page 12596]]

General Visual, Contour, and Clearance Inspections of Ground Spoilers, 
and Related Investigative/Corrective Actions

    (a) Within 400 flight cycles after the effective date of this 
AD: Do one-time general visual, contour, and clearance 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-328J-57-180, Revision 1, dated March 
10, 2003. Any applicable related investigative and corrective 
actions 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.''

Submission of Inspection Results Not Required

    (b) Although the service bulletin referenced in this AD 
specifies to submit information to the manufacturer, this AD does 
not include such a requirement.

Alternative Methods of Compliance

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

    Note 2: The subject of this AD is addressed in German 
airworthiness directive 2003-120/2, dated July 24, 2003.


    Issued in Renton, Washington, on March 11, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-5967 Filed 3-16-04; 8:45 am]
BILLING CODE 4910-13-P