[Federal Register Volume 69, Number 61 (Tuesday, March 30, 2004)]
[Rules and Regulations]
[Pages 16471-16473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6683]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-300-AD; Amendment 39-13542; AD 2004-06-16]
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 repetitive inspections of certain support arms of the ground 
spoiler assemblies for cracking, and replacement of any ground spoiler 
assembly having cracking with a new ground spoiler assembly. This 
amendment would also require certain inspections for discrepancies of 
the ground spoiler assemblies and the flap of each wing; and corrective 
actions if necessary. This action is necessary to prevent failure of 
the support arms due to cracking, which could result in loss of 
function and/or separation of the affected ground spoiler assemblies 
from the airplane, and consequent reduced controllability of the 
airplane during landing or rejected take-off operations. This action is 
intended to address the identified unsafe condition.

DATES: Effective May 4, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 4, 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.,

[[Page 16472]]

Renton, Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

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: 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 27, 
2004 (69 FR 3861). That action proposed to require repetitive 
inspections of certain support arms of the ground spoiler assemblies 
for cracking, and replacement of any ground spoiler assembly having 
cracking with a new ground spoiler assembly. That action also proposed 
to require certain inspections for discrepancies of the ground spoiler 
assemblies and the flap of each wing; and corrective actions if 
necessary.

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

    The FAA has 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.
    It will take approximately 2 work hours per airplane to accomplish 
the general visual, contour, and clearance inspections of the ground 
spoilers, at an average labor rate of $65 per work hour. Based on these 
figures, the cost impact of these inspections on U.S. operators is 
estimated to be $6,890, or $130 per airplane.
    It will take approximately 4 work hours per airplane to accomplish 
the inspection of the support arms for the ground spoilers, at an 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of this inspection on U.S. operators is estimated to be 
$13,780, or $260 per airplane.
    The cost impact figures discussed above are 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:

2004-06-16 Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): 
Amendment 39-13542. Docket 2002-NM-300-AD.

    Applicability: Model 328-100 series airplanes, as listed in 
Dornier Service Bulletin SB-328-57-435, Revision 1, dated August 7, 
2002; and Dornier Service Bulletin SB-328-57-439, Revision 1, dated 
March 10, 2003; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the support arms of the ground spoiler 
assemblies due to cracking, which could result in loss of function 
and/or separation of the affected ground spoiler assemblies from the 
airplane, and consequent reduced controllability of the airplane 
during landing or rejected take-off operations, accomplish the 
following:

Visual, Contour, and Clearance Inspections of Ground Spoilers, and 
Corrective Actions

    (a) Within 400 flight cycles after the effective date of this 
AD: Do the 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-328-57-
439, Revision 1, dated March 10, 2003. Any applicable corrective 
action 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.''

Inspection of Ground Spoiler Support Arms

    (b) Within 4 weeks after the effective date of this AD, or prior 
to the accumulation of 4,000 total flight cycles, whichever is 
later: Do an eddy current inspection for cracking in the bottom edge 
of the flange for ground spoiler support arms No. 3 and No. 8, left 
and right sides of the airplane. Do the inspection by accomplishing 
all of the actions per the Accomplishment Instructions of Dornier 
Service Bulletin SB-328-57-435, Revision 1, dated August 7, 2002. 
Repeat the inspection thereafter at intervals not to exceed 1,000 
flight cycles.

Corrective Action

    (c) If any cracking is found during any inspection required by 
paragraph (b) of this AD, before further flight, replace the 
affected ground spoiler assembly with a new ground spoiler assembly 
per the applicable section(s) of chapters 27 or 57 of the Dornier 
Model 328-100 Airplane Maintenance Manual.

Certain Recommendations in Service Bulletins Not Required

    (d) Dornier Service Bulletin SB-328-57-435, Revision 1, dated 
August 7, 2002, states to contact Dornier if any crack is found in a 
support arm for a ground spoiler, and to send

[[Page 16473]]

the affected ground spoiler to Dornier, but those actions are not 
required by this AD. Dornier Service Bulletin SB-328-57-439, 
Revision 1, dated March 10, 2003, recommends that inspection results 
for cracking of support arms be sent to Dornier, but that action is 
not required by this AD.

Alternative Methods of Compliance

    (e) 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.

Incorporation by Reference

    (f) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Dornier Service Bulletin SB-328-57-435, 
Revision 1, dated August 7, 2002; and Dornier Service Bulletin SB-
328-57-439, Revision 1, dated March 10, 2003; as applicable. 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 directives 2002-258, dated September 5, 2002, and 
2003-357, dated November 11, 2003.

Effective Date

    (g) This amendment becomes effective on May 4, 2004.

    Issued in Renton, Washington, on March 19, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-6683 Filed 3-29-04; 8:45 am]
BILLING CODE 4910-13-P