[Federal Register Volume 70, Number 90 (Wednesday, May 11, 2005)]
[Rules and Regulations]
[Pages 24701-24703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9197]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20414; Directorate Identifier 2004-NM-116-AD; 
Amendment 39-14079; AD 2005-10-02]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Dornier Model 328-300 series airplanes.

[[Page 24702]]

This AD requires installing an additional mounting angle for the 
respective de-icing pipes at rib 9 in the leading edge area of the 
left- and right-hand wings. This AD is prompted by chafed de-icing 
lines in the wing leading edge area. We are issuing this AD to prevent 
chafing of the de-icing lines, which could result in a reduction in 
functionality of the anti-ice system, and possibly reduced 
controllability and performance of the airplane in icing conditions.

DATES: This AD becomes effective June 15, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of June 
15, 2005.

ADDRESSES: For service information identified in this AD, contact 
AvCraft Aerospace GmbH, P.O. Box 1103, D-82230 Wessling, Germany.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. 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 U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2005-21404; the directorate 
identifier for this docket is 2004-NM-116-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: The FAA proposed to amend 14 CFR part 39 
with an AD for all Dornier Model 328-300 series airplanes. That action, 
published in the Federal Register on February 22, 2005 (70 FR 8547), 
proposed to require installing an additional mounting angle for the 
respective de-icing pipes at rib 9 in the leading edge area of the 
left- and right-hand wings.

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.

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                           Average                          Number of
                                                  Work      labor                Cost per     U.S.-      Fleet
                    Action                       hours     rate per    Parts     airplane  registered     cost
                                                             hour                           airplanes
----------------------------------------------------------------------------------------------------------------
Installation.................................          8        $65       $252       $772          49    $37,828
----------------------------------------------------------------------------------------------------------------

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 AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-10-02 Fairchild Dornier GMBH (Formerly Dornier Luftfahrt GmbH): 
Amendment 39-14079. Docket No. FAA-2005-20414; Directorate 
Identifier 2004-NM-116-AD.

Effective Date

    (a) This AD becomes effective June 15, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Dornier Model 328-300 series 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by chafed de-icing lines in the wing 
leading edge area. We are issuing this AD to prevent chafing of the 
de-icing lines, which could result in a reduction in functionality 
of the anti-ice

[[Page 24703]]

system, and possibly reduced controllability and performance of the 
airplane in icing conditions.

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) Within 90 days after the effective date of this AD, install 
an additional mounting angle at rib 9 in the leading edge area of 
the left- and right-hand wings in accordance with the Accomplishment 
Instructions of Dornier Service Bulletin SB-328J-30-190, dated July 
16, 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-2004-049, dated February 1, 
2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use Dornier Service Bulletin SB-328J-30-190, dated 
July 16, 2003, to perform the actions that are required by this AD, 
unless the AD specifies otherwise. The Director of the Federal 
Register approves the incorporation by reference of this document in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get copies of 
the service information, contact AvCraft Aerospace GmbH, P.O. Box 
1103, D-82230 Wessling, Germany. To view the AD docket, go to the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., room PL-401, Nassif Building, Washington, DC. To 
review copies of the service information, contact the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at the NARA, call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on April 29, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-9197 Filed 5-10-05; 8:45 am]
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