[Federal Register Volume 69, Number 87 (Wednesday, May 5, 2004)]
[Rules and Regulations]
[Pages 24944-24945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9763]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-112-AD; Amendment 39-13601; AD 2004-09-12]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 and Model 328-300 
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 certain Dornier Model 328-100 and Model 328-300 series 
airplanes, that requires repetitive detailed inspections of all attach 
caps of the passenger seats for cracks or defects; and replacement of 
the caps with new caps, if necessary. This action is necessary to 
prevent failure due to cracking of the seat frame attach caps on the 
passenger seat assemblies, which could result in separation of the 
passenger seat from the supporting structure during an emergency 
landing, hard landing, or turbulence, and consequent injury to the seat 
occupant. 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: 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 and 
Model 328-300 series airplanes was published in the Federal Register on 
March 5, 2004 (69 FR 10372). That action proposed to require repetitive 
detailed inspections of all attach caps of the passenger seats for 
cracks or defects; and replacement of the caps with new caps, 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

    The FAA estimates that 101 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 3 work hours to 
accomplish the required inspection, 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 $19,695, or $195 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.
    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:

2004-09-12 Fairchild Dornier GMBH (Formerly Dornier Luftfahrt GmbH): 
Amendment 39-13601. Docket 2003-NM-112-AD.

    Applicability: Model 328-100 and -300 series airplanes, equipped 
with B/E Aerospace passenger seats, Model part number (P/N) 
2524.519-.() and Model P/N 2524.520-.(); certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.

[[Page 24945]]

    To prevent failure due to cracking of the seat frame attach caps 
on the passenger seat assemblies, which could result in separation 
of the passenger seat from the supporting structure during an 
emergency landing, hard landing, or turbulence, and consequent 
injury to the seat occupant; accomplish the following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Dornier Service Bulletin SB-328-25-
412, dated November 21, 2002 (for Model 328-100 series airplanes); 
and Dornier Service Bulletin SB-328J-25-143, dated November 21, 2002 
(for Model 328-300 series airplanes); as applicable.

    Note 1: The Dornier service bulletins refer to B/E Aerospace 
Service Bulletin 2524.519/520-2532, dated November 2, 2001; and B/E 
Aerospace Service Bulletin 2524.519/520-2530, Revision C, dated 
November 12, 2001; as additional sources of service information for 
accomplishment of the inspections and replacement of the passenger 
seat attach caps.

Inspection

    (b) Within 100 flight hours from the effective date of this AD, 
perform a detailed inspection of all attach caps of the passenger 
seats for cracks or defects, in accordance with the Accomplishment 
Instructions of the applicable service bulletin. Repeat the detailed 
inspection thereafter at intervals not to exceed 8,000 flight hours 
or 48 months, whichever comes first.

    Note 2: 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.''

Replacement

    (c) If any cracked or defective seat frame attach cap is found 
during any detailed inspection required by paragraph (b) of this AD, 
prior to further flight, replace the cap with a new cap in 
accordance with the applicable service bulletin.

Reporting Requirement

    (d) Although the service bulletins referenced in this AD specify 
to submit certain information to the manufacturer, this AD does not 
include such a requirement.

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 (AMOCs) for this AD.

Incorporation by Reference

    (f) The actions shall be done in accordance with Dornier Service 
Bulletin SB-328-25-412, dated November 21, 2002; or Dornier Service 
Bulletin SB-328J-25-143, dated November 21, 2002; 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 directive 2003-063, dated March 6, 2003, and German 
airworthiness directive 2003-072, dated March 6, 2003.

Effective Date

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

    Issued in Renton, Washington, on April 20, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9763 Filed 5-4-04; 8:45 am]
BILLING CODE 4910-13-P