[Federal Register Volume 69, Number 63 (Thursday, April 1, 2004)]
[Proposed Rules]
[Pages 17086-17088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7358]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-56-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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[[Page 17087]]

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Dornier Model 328-100 
series airplanes. This proposal would require inspection of the 
alternating current (AC) power cables, realignment of the AC power 
cable retaining clamp, and corrective actions if necessary. These 
actions are necessary to prevent chafing of the AC power cables against 
the alternator, which could result in a short circuit and impaired 
performance of AC-powered components, possibly leading to loss of 
flight-critical information to the flight deck and reduced 
controllability of the airplane. These actions are intended to address 
the identified unsafe condition.

DATES: Comments must be received by May 3, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-56-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-56-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-56-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-56-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 
certain Dornier Model 328-100 series airplanes. The LBA advises that 
chafing of the alternating current (AC) power cables against the 
alternator has been reported. This condition, if not corrected, could 
result in a short circuit and impaired performance of AC-powered 
components, possibly leading to loss of flight-critical information to 
the flight deck and reduced controllability of the airplane.

Explanation of Relevant Service Information

    Dornier has issued Dornier Service Bulletin SB-328-24-433, dated 
April 12, 2002, which describes procedures for a visual inspection of 
AC power cables for damage due to chafing of the cables against the 
alternator, realignment of the cable retaining clamp, repair of any 
damaged cables, installation of protective sleeving over the cables, 
and installation of cable ties. 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 2003-084, dated 
March 20, 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 
Sec.  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 Dornier Service Bulletin SB-328-24-433, 
dated April 12, 2002, recommends doing the actions in the service 
bulletin ``at the next A-check or equivalent.'' German airworthiness 
directive 2003-084, dated March 20, 2003, recommends doing the actions 
``at the next A-Check at latest.'' 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, and accomplishment of any required

[[Page 17088]]

corrective action before further flight. We find that compliance within 
400 flight cycles after the effective date of this proposed AD is 
appropriate for affected airplanes to continue to operate without 
compromising safety.

Cost Impact

    The FAA estimates that 53 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 3 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $65 per work hour. Required parts would cost 
approximately $122 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be $16,801, 
or $317 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-56-AD.

    Applicability: Model 328-100 series airplanes, serial numbers 
3005 through 3119 inclusive; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent chafing of the alternating current (AC) power cables 
against the alternator, which could result in a short circuit and 
impaired performance of AC-powered components, possibly leading to 
loss of flight-critical information to the flight deck and reduced 
controllability of the airplane, accomplish the following:

Corrective Actions

    (a) Within 400 flight hours after the effective date of this AD, 
perform a general visual inspection of the AC power cables for 
damage due to chafing of the cables against the alternator, realign 
the cable retaining clamp, repair any damaged cables, install 
protective sleeving over the cables, and install cable ties; in 
accordance with the Accomplishment Instructions of Dornier Service 
Bulletin SB-328-24-433, dated April 12, 2002.

    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.''

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 directive 2003-084, dated March 20, 2003.


    Issued in Renton, Washington, on March 19, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-7358 Filed 3-31-04; 8:45 am]
BILLING CODE 4910-13-U