[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Proposed Rules]
[Pages 7689-7691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2828]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20345; Directorate Identifier 2004-NM-101-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Dornier Model 328-300 series airplanes. This proposed AD 
would require installing a drain hole in the lower skin of the left- 
and right-hand elevator horns. This proposed AD is prompted by reports 
of water found in the elevator assembly. We are proposing this AD to 
prevent water or ice accumulating in the elevator assembly, which could 
result in possible corrosion that reduces the structural integrity of 
the flight control surface, or in an unbalanced flight control surface. 
These conditions could result in reduced controllability of the 
airplane.

DATES: We must receive comments on this proposed AD by March 17, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
AvCraft Aerospace GmbH, PO Box 1103, D-82230 Wessling, Germany.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20345; the directorate identifier for this docket is 
2004-NM-101-AD.

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: 

[[Page 7690]]

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20345; 
Directorate Identifier 2004-NM-101-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, notified us that an unsafe condition may exist on certain 
Dornier Model 328-300 series airplanes. The LBA advises that there have 
been reports that, during maintenance, water (from rain or 
condensation) was found in the elevator assembly. The water accumulates 
in the elevator due to the lack of a drain hole and could freeze in a 
cold environment (e.g., due to high altitude or winter weather). 
Accumulated water or ice in the elevator assembly, if not corrected, 
could result in possible corrosion that reduces the structural 
integrity of the flight control surface, or in an unbalanced flight 
control surface. These conditions could result in reduced 
controllability of the airplane.

Relevant Service Information

    AvCraft Aerospace GmbH has issued Dornier Service Bulletin SB-328J-
55-203, Revision 1, dated November 19, 2003. The service bulletin 
describes procedures for installing a drain hole in the lower skin of 
the left- and right-hand elevator horns. Accomplishing the actions 
specified in the service information is intended to adequately address 
the unsafe condition. The LBA mandated the service information and 
issued German airworthiness directive D-2004-005, dated January 8, 
2004, to ensure the continued airworthiness of these airplanes in 
Germany.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the LBA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States. Therefore, we are proposing this AD, 
which would require accomplishing the actions specified in the service 
information described previously.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
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                                                                                                                        Number of U.S.-
                      Action                           Work hours     Average labor        Parts           Cost per        registered       Fleet cost
                                                                      rate per hour                        airplane        airplanes
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Installing drain hole.............................               1              $65             $100             $165               49           $8,085
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Authority of This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

[[Page 7691]]

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Fairchild Dornier GMBH (Formerly Dornier Luftfahrt GmbH): Docket No. 
FAA-2005-20345; Directorate Identifier 2004-NM-101-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by March 17, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dornier Model 328-300 series airplanes, 
serial numbers 3105 through 3219 inclusive, certificated in any 
category.

Unsafe Condition

    (d) This AD was prompted by reports of water found in the 
elevator assembly. We are issuing this AD to prevent water 
accumulating in the elevator assembly, which could result in 
possible corrosion that reduces the structural integrity of the 
flight control surface, or in an unbalanced flight control surface. 
These conditions could result in reduced controllability of the 
airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Installation

    (f) Which 90 days after the effective date of this AD, install a 
drain hole in the lower skin of the left- and right-hand elevator 
horns in accordance with the Accomplishment Instructions of Dornier 
Service Bulletin SB-328J-55-203, Revision 1, dated November 19, 
2003.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, International Branch, ANM-116, FAA, Transport 
Airplane Directorate, has the authority to approve AMOCs for this 
AD, if requested in accordance with the procedures found in 14 CFR 
39.19.

Related Information

    (h) German airworthiness directive D-2004-005, dated January 8, 
2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on January 31, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-2828 Filed 2-14-05; 8:45 am]
BILLING CODE 4910-13-M