[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Rules and Regulations]
[Pages 26017-26018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10376]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-121-AD Amendment 39-13629; AD 2004-09-38]
RIN 2120-AA64


Airworthiness Directives; Dornier 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 all Dornier Model 328-300 series airplanes, that requires 
various one-time inspections for discrepancies of the ground spoiler 
assemblies and the flap of each wing, and related investigative and 
corrective actions. This action is necessary to prevent failure of 
certain ground spoiler support arms due to interference between the 
ground spoiler assemblies and the wing flaps, which could result in 
loss of function of affected ground spoiler assemblies and consequent 
reduced controllability of the airplane. This action is intended to 
address the identified unsafe condition.

DATES: Effective June 15, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 15, 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)

[[Page 26018]]

that is applicable to all Dornier Model 328-300 series airplanes was 
published in the Federal Register on March 17, 2004 (69 FR 12594). That 
action proposed to require various one-time inspections for 
discrepancies of the ground spoiler assemblies and the flap of each 
wing, and related investigative and corrective actions.

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

    We have determined that air safety and the public interest require 
the adoption of the rule as proposed.

Cost Impact

    We estimate that 48 airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 2 work hours per airplane to 
accomplish the required actions, 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 $6,240, or $130 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:

2004-09-38 Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): 
Amendment 39-13629. Docket 2003-NM-121-AD.

    Applicability: All Model 328-300 airplanes, certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of certain ground spoiler support arms due to 
interference between the ground spoiler assemblies and the wing 
flaps, which could result in loss of function of affected ground 
spoiler assemblies and consequent reduced controllability of the 
airplane, accomplish the following:

General Visual, Contour, and Clearance Inspections of Ground Spoilers, 
and Related Investigative/Corrective Actions

    (a) Within 400 flight cycles after the effective date of this 
AD: Do one-time general visual, contour, and clearance 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-328J-57-180, Revision 1, dated March 
10, 2003. Any applicable related investigative and corrective 
actions 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.''

Submission of Inspection Results Not Required

    (b) Although the service bulletin referenced in this AD 
specifies to submit information to the manufacturer, this AD does 
not include such a requirement.

Alternative Methods of Compliance

    (c) 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

    (d) The actions shall be done in accordance with Dornier Service 
Bulletin SB-328J-57-180, Revision 1, dated March 10, 2003. 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 2: The subject of this AD is addressed in German 
airworthiness directive 2003-120/2, dated July 24, 2003.

Effective Date

    (e) This amendment becomes effective on June 15, 2004.

    Issued in Renton, Washington, on April 28, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10376 Filed 5-10-04; 8:45 am]
BILLING CODE 4910-13-P