[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Rules and Regulations]
[Pages 24953-24954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10022]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-263-AD; Amendment 39-13605; AD 2004-09-16]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 and -300 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 all Dornier Model 328-100 and -300 series airplanes, that 
requires 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: Effective June 9, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 9, 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 National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http//
www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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 all Dornier Model 328-100 and -300 
series airplanes was published in the Federal Register on March 5, 2004 
(69 FR 10381). That action proposed to require repetitive inspections 
of the bearing lugs of the rudder spring tab lever assembly for 
cracking, and corrective action if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been submitted on the proposed 
AD or on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Cost Impact

    We estimate that 112 airplanes of U.S. registry will be affected by 
this AD, that it will take about 1 work hour per airplane to do the 
inspections, and that the average labor rate is $65 per work hour. 
Based on these figures, the cost impact of the 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 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.

[[Page 24954]]

    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:

2004-09-16 Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): 
Amendment 39-13605. Docket 200-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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Dornier Alert 
Service Bulletin ASB-328-27-036, dated February 12, 2003; or Dornier 
Alert Service Bulletin ASB-328J-27-013, dated February 12, 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 National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, Call 202-741-6030, or go to: http//
www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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

Effective Date

    (f) This amendment becomes effective on June 9, 2004.


    Issued in Renton, Washington, on April 26, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10022 Filed 5-4-04; 8:45 am]
BILLING CODE 4910-13-P