[Federal Register Volume 70, Number 65 (Wednesday, April 6, 2005)]
[Proposed Rules]
[Pages 17370-17373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6773]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20869; Directorate Identifier 2004-NM-09-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 and -300 Series 
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Dornier Model 328-100 and -300 series airplanes. This 
proposed AD would require operators to install colored identification 
strips on the pulley brackets, fairlead bracket assemblies, operational 
assemblies, and flight control cables. This proposed AD is prompted by 
a report that the flight control systems do not have elements that are 
distinctively identified. We are proposing this AD to prevent the 
incorrect re-assembly of the flight control system during maintenance, 
which could result in reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by May 6, 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, P.O. 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-2005-20869; the directorate identifier for this 
docket is 2004-NM-09-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:

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-2005-20869; 
Directorate Identifier 2004-NM-09-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

[[Page 17371]]

substantive verbal contact with FAA personnel concerning this proposed 
AD. Using the search function of our docket website, 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 328-100 and -300 series airplanes. The LBA advises that 
the flight control systems on these airplane models do not have 
elements that are distinctively identified. Therefore, we have 
determined that these systems do not currently comply with Federal 
Aviation Regulation (FAR) 25.671 (b). FAR 25.671 (b) specifies that 
``each element of each flight control system must be designed, or 
distinctively and permanently marked, to minimize the probability of 
incorrect assembly that could result in the malfunctioning of the 
system.'' Service experience with other airplane models has shown that 
if the elements of the flight control system are not distinctively and 
permanently marked, they could be re-assembled incorrectly during 
maintenance. Incorrect re-assembly of the flight control system during 
maintenance could result in reduced controllability of the airplane.

Relevant Service Information

    Dornier has issued Service Bulletin SB-328J-27-176, Revision 1, 
dated April 15, 2003, for Dornier Model 328-300 series airplanes; and 
Service Bulletin SB-328-27-436, Revision 1, dated April 15, 2003, for 
Dornier Model 328-100 series airplanes.
    These service bulletins describe procedures for installing colored 
identification strips on the pulley brackets, fairlead bracket 
assemblies, operational assemblies, and flight control cables. 
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 directives 2003-376 and 2003-377, both dated November 11, 
2003, to ensure the continued airworthiness of these airplanes in 
Germany.

Concurrent Requirements

    The actions in the service bulletins in the following table must be 
accomplished before, or concurrently with, the actions in the Dornier 
Service Bulletin SB-328J-27-176, and Dornier Service Bulletin SB-328-
27-436.

                                             Concurrent Requirements
----------------------------------------------------------------------------------------------------------------
                                    Concurrent Dornier
     Dornier service bulletin       service bulletins                            Action
----------------------------------------------------------------------------------------------------------------
SB-328J-27-176, for Dornier Model  SB-328J-27-035,      Relocate the auto-pilot rudder servo.
 328-300 series airplanes.          dated April 25,
                                    2000.
                                   SB-328J-27-036,      Relocate the auto-pilot elevator servo.
                                    dated April 25,
                                    2000.
                                   SB-328J-27-037,      Relocate the auto-pilot aileron servo.
                                    dated April 25,
                                    2000.
SB-328-27-436, for Dornier Model   SB-328-27-290,       Relocate the auto-pilot rudder servo.
 328-100 series airplanes.          Revision 1, dated
                                    December 8, 2000.
                                   SB-328-27-291,       Relocate the auto-pilot aileron servo.
                                    Revision 1, dated
                                    December 8, 2000.
                                   SB-328-27-292,       Relocate the auto-pilot elevator servo.
                                    Revision 1, dated
                                    December 8, 2000.
----------------------------------------------------------------------------------------------------------------

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in Germany and are type 
certificated for operation in the United States under the provisions of 
section 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 bulletins described 
previously, except as discussed under ``Difference Between the Proposed 
AD and the German Airworthiness Directives.''

Difference Between the Proposed AD and the German Airworthiness 
Directives

    The German airworthiness directives recommend that operators 
install the colored identification strips when the flight control cable 
is replaced, if that replacement comes before the next scheduled ``C-
Check or its equivalent.'' This proposed AD does not require operators 
to install the colored identification strips when the flight control 
cable is replaced, although we recommend that operators do so if the 
replacement comes before the 24-month compliance time of this proposed 
AD.

Clarification of Compliance Time

    The German airworthiness directives mandate, and the Dornier 
service bulletins recommend, compliance at the next scheduled ``C-check 
or equivalent.'' Because ``C-check'' schedules vary among operators, 
this proposed AD would require compliance within 24 months after the 
effective date of this AD. We find that 24 months correspond to normal 
scheduled maintenance for most affected operators and that this 
compliance time is appropriate for the affected airplanes to continue 
to operate without compromising safety.

[[Page 17372]]

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                       Number  of
                                     Work        Average                  Cost per        U.S.-
             Action                  hours     labor rate      Parts      airplane     registered    Fleet cost
                                                per hour                                airplanes
----------------------------------------------------------------------------------------------------------------
Installation....................         16           $65        $291        $1,331           112      $149,072
----------------------------------------------------------------------------------------------------------------

    The following table provides the estimated costs for airplanes 
subject to the concurrent requirements described previously.

                                    Estimated Costs--Concurrent Requirements
----------------------------------------------------------------------------------------------------------------
                                                                             Average
                 Concurrent service bulletin                  Work  hours   labor rate     Parts       Cost per
                                                                             per hour                  airplane
----------------------------------------------------------------------------------------------------------------
SB-328-27-290...............................................            5          $65          (1)         $325
SB-328-27-291...............................................            5           65          (1)          325
SB-328-27-292...............................................            5           65          (1)          325
SB-328J-27-035..............................................            5           65         $462          787
SB-328J-036.................................................            5           65          578          903
SB-328J-037.................................................            5           65          (1)         325
----------------------------------------------------------------------------------------------------------------
\1\ Operator supplied.

Authority for 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.

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): [FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][PRORULES][PRORULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/
SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]

Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): Docket No. 
FAA-2005-20869; Directorate Identifier 2004-NM-09-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by May 6, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dornier Model 328-100 and -300 series 
airplanes, certificated in any category; as identified in Dornier 
Service Bulletin SB-328J-27-176, Revision 1, dated April 15, 2003; 
and Dornier Service Bulletin SB-328-27-436, Revision 1, dated April 
15, 2003; as applicable.

Unsafe Condition

    (d) This AD was prompted by a report that the flight control 
systems do not have elements that are distinctively identified. We 
are issuing this AD to prevent the incorrect re-assembly of the 
flight control system during maintenance, which 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.

[[Page 17373]]

Installation

    (f) Within 24 months after the effective date of this AD, 
install colored identification strips on the pulley brackets, 
fairlead bracket assemblies, operational assemblies, and flight 
control cables, in accordance with the Accomplishment Instructions 
of Dornier Service Bulletin SB-328J-27-176, Revision 1, dated April 
15, 2003; or Dornier Service Bulletin SB-328-27-436, Revision 1, 
dated April 15, 2003; as applicable.

Prior or Concurrent Requirements

    (g) Prior to or concurrently with the accomplishment of the 
actions in paragraph (f) of this AD, accomplish the actions in the 
applicable service bulletins listed in Table 1 of this AD.

                                   Table 1.--Prior or Concurrent Requirements
----------------------------------------------------------------------------------------------------------------
                                    Dornier  service
             Model                      bulletin             Revision              Date              Action
----------------------------------------------------------------------------------------------------------------
328-100........................  SB-328-27-290          1.................  December 8, 2000.  Relocate the auto-
                                                                                                pilot rudder
                                                                                                servo.
                                 SB-328-27-291          1.................  December 8, 2000.  Relocate the auto-
                                                                                                pilot aileron
                                                                                                servo.
                                 SB-328-27-292          1.................  December 8, 2000.  Relocate the auto-
                                                                                                 pilot elevator
                                                                                                servo.
 
328-300........................  SB-328J-27-035         Original..........  April 25, 2000...  Relocate the auto-
                                                                                                pilot rudder
                                                                                                servo.
                                 SB-328J-27-036         Original..........  April 25, 2000...  Relocate the auto-
                                                                                                pilot elevator
                                                                                                servo.
                                 SB-328J-27-037         Original..........  April 25, 2000...  Relocate the auto-
                                                                                                pilot aileron
                                                                                                servo.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

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

Related Information

    (i) German airworthiness directive 2003-376, dated November 11, 
2003; and German airworthiness directive 2003-377, dated November 
11, 2003; also address the subject of this AD.

    Issued in Renton, Washington, on March 24, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6773 Filed 4-5-05; 8:45 am]
BILLING CODE 4910-13-P