[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Rules and Regulations]
[Pages 24938-24939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9367]


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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; 
Amendment 39-14083; AD 2005-10-06]
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 
certain Dornier Model 328-300 series airplanes. This AD requires 
installing a drain hole in the lower skin of the left- and right-hand 
elevator horns. This AD is prompted by reports of water found in the 
elevator assembly. We are issuing 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: This AD becomes effective June 16, 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 
16, 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-2005-20345; 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: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Dornier Model 328-300 series airplanes. That 
action, published in the Federal Register on February 15, 2005 (70 FR 
7689), proposed to require installing a drain hole in the lower skin of 
the left- and right-hand elevator horns.

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

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

[[Page 24939]]

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):

2005-10-06 Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): 
Amendment 39-14083. Docket No. FAA-2005-20345; Directorate 
Identifier 2004-NM-101-AD.

Effective Date

    (a) This AD becomes effective June 16, 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) Within 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.

Material Incorporated by Reference

    (i) You must use Dornier Service Bulletin SB-328J-55-203, 
Revision 1, dated November 19, 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 May 4, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-9367 Filed 5-11-05; 8:45 am]
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