[Federal Register Volume 69, Number 57 (Wednesday, March 24, 2004)]
[Rules and Regulations]
[Pages 13715-13716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5941]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-400-AD; Amendment 39-13527; AD 2004-06-01]
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 replacement of the existing main landing gear (MLG) leg 
assembly with a modified assembly. This action is necessary to prevent 
fatigue damage of the MLG leg, which could result in collapse of the 
MLG. This action is intended to address the identified unsafe 
condition.

DATES: Effective April 28, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of April 28, 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: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1503; 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 January 5, 
2004 (69 FR 287). That action proposed to require replacement of the 
existing main landing gear (MLG) leg assembly with a modified assembly.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    After careful review of the available data, we have determined that 
air safety and the public interest require the adoption of the rule as 
proposed.

Cost Impact

    We estimate that 53 airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 8 work hours per airplane to 
accomplish the required

[[Page 13716]]

replacement, and that the average labor rate is $65 per work hour. 
Required parts will be provided by the manufacturer at no charge. Based 
on these figures, the cost impact of this AD on U.S. operators is 
estimated to be $27,560, or $520 per airplane.
    The cost impact figure discussed above is 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:

2004-06-01 Fairchild Dornier Gmbh (Formerly Dornier Luftfahrt GmbH): 
Amendment 39-13527. Docket 2001-NM-400-AD.

    Applicability: Model 328-100 series airplanes, certificated in 
any category, serial numbers (S/Ns) 3005 through 3119 inclusive, 
equipped with a main landing gear (MLG) leg assembly, main body, or 
main machined body having a part number (P/N) and S/N listed in 
Table 1 of this AD.

                   Table 1.--MLG Leg Assembly, Main Body, and Main Machined Body P/Ns and S/Ns
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          MLG part name                   P/N                                    S/Ns
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Leg assembly.....................       22730-000-02  U16 through U22 inclusive.
Leg assembly.....................       22731-000-02  U16 through U22 inclusive.
Main body........................       22415-000-01  U16 through U22 inclusive.
Main body........................       22416-000-01  U16 through U22 inclusive.
Main machined body...............       24284-000-00  U56, U62, U64, U66, U68, U70, U74.
Main machined body...............       22286-000-00  U51, U57, U59, U65, U67, U73, U85.
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    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue damage of the MLG leg, which could result in 
collapse of the MLG, accomplish the following:

Replacement of MLG Leg Assembly

    (a) Prior to the accumulation of 16,000 total landings on the 
MLG body, or within 300 flight hours after the effective date of 
this AD, whichever occurs later, replace the existing MLG leg 
assembly with a modified leg assembly per Dornier Service Bulletin 
SB 328-32-344, Revision 1, dated June 11, 2001.

    Note 1: Dornier Service Bulletin SB 328-32-344, Revision 1, 
refers to Messier-Dowty Service Bulletins 800-32-028, dated November 
27, 2000; and 800-32-014, dated January 18, 1999; as appropriate 
sources of service information for modifying the MLG leg assembly.

Alternative Methods of Compliance

    (b) 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.

Incorporation by Reference

    (c) The actions shall be done in accordance with Dornier Service 
Bulletin SB 328-32-344, Revision 1, dated June 11, 2001. 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 2002-001, dated January 10, 2002.

Effective Date

    (d) This amendment becomes effective on April 28, 2004.

    Issued in Renton, Washington, on March 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-5941 Filed 3-23-04; 8:45 am]
BILLING CODE 4910-13-P