[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Rules and Regulations]
[Pages 35516-35518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12003]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20866; Directorate Identifier 2004-NM-258-AD; 
Amendment 39-14140; AD 2005-13-04]
RIN 2120-AA64


Airworthiness Directives; Avcraft Dornier Model 328-100 and -300 
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 Avcraft Dornier Model 328-100 and -300 airplanes. This AD 
requires a pressure test and detailed inspection of each fuselage drain 
line to determine if there is a blockage, and related investigative/
corrective actions if necessary. This AD is prompted by a report of 
leakage at one of the drain lines in the fuselage. We are issuing this 
AD to prevent blockage within the drain lines, causing fluids to 
collect. These fluids may freeze and expand, damaging the drain lines, 
and allowing fuel to leak into the cabin and fuel vapors to come into 
contact with ignition sources, which could result in consequent fire in 
the cabin.

DATES: This AD becomes effective July 26, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of July 
26, 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-2005-20866; the directorate 
identifier for this docket is 2004-NM-258-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 Avcraft Dornier Model 328-100 and -300 series 
airplanes. That action, published in the Federal Register on April 6, 
2005 (70 FR 17357), proposed to require a pressure test and detailed 
inspection of each fuselage drain line to determine if there is a 
blockage, and related investigative/corrective actions if necessary.

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.

Explanation of Change to Applicability

    We have revised the applicability of the proposed AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models. In addition, we noticed that we had 
inadvertently reversed the qualifiers of the airplane models specified 
in the applicability of the proposed AD. The applicability for this AD 
has been corrected for this AD and now reads, ``This AD applies to 
Avcraft Dornier Model 328-100 series airplanes having serial numbers 
3005 through 3119 inclusive, and Avcraft Dornier Model 328-300 series 
airplanes without option 033F003 ``Extended Range'' installed; 
certificated in any category.''

[[Page 35517]]

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
changes described previously. We have determined that these changes 
will neither increase the economic burden on any operator nor increase 
the scope of the AD.

Costs of Compliance

    We estimate that this AD affects about 53 Model 328-100 airplanes 
and 57 Model 328-300 airplanes of U.S. registry. 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pressure test.............................               2             $65  None........................            $130             110         $14,300
Detailed inspection.......................               5              65  None........................             325             110          35,750
--------------------------------------------------------------------------------------------------------------------------------------------------------

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):

2005-13-04 AvCraft Aerospace Gmbh (Formerly Fairchild Dornier GmbH): 
Amendment 39-14140. Docket No. FAA-2005-20866; Directorate 
Identifier 2004-NM-258-AD.

Effective Date

    (a) This AD becomes effective July 26, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to AvCraft Dornier Model 328-100 series 
airplanes having serial numbers 3005 through 3119 inclusive, and 
AvCraft Dornier Model 328-300 series airplanes without option 
033F003 ``Extended Range'' installed; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a report of leakage at one of the 
drain lines in the fuselage. We are issuing this AD to prevent 
blockage within the drain lines, causing fluids to collect. These 
fluids may freeze and expand, damaging the drain lines, and allowing 
fuel to leak into the cabin and fuel vapors to come into contact 
with ignition sources, which could result in consequent fire in the 
cabin.

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.

Initial Pressure Test

    (f) Within 4 months after the effective date of this AD: Perform 
an initial pressure test and any applicable related investigative 
and corrective actions in accordance with the Accomplishment 
Instructions of Avcraft Service Bulletin SB-328-53-462, Revision 1, 
dated July 15, 2004 (for Model 328-100 series airplanes); or SB-
328J-53-214, Revision 1, dated July 15, 2004 (for Model 328-300 
series airplanes); as applicable. Do any applicable related 
investigative or corrective action before further flight.

Detailed Inspection

    (g) After doing the pressure test required by paragraph (f) of 
this AD, but not later than 24 months after the effective date of 
this AD: Perform a detailed inspection and related investigative and 
corrective actions, in accordance with Part 2 of the Accomplishment 
Instructions of Avcraft Service Bulletin SB-328-53-462, Revision 1, 
dated July 15, 2004; or SB-328J-53-214, Revision 1, dated July 15, 
2004; as applicable.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

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 directives D-2004-448 and D-2004-449, 
both effective

[[Page 35518]]

October 14, 2004, also address the subject of this AD.

Material Incorporated by Reference

    (j) You must use Avcraft Dornier Service Bulletin SB-328-53-462, 
Revision 1, dated July 15, 2004; or Avcraft Dornier Service Bulletin 
SB-328J-53-214, Revision 1, dated July 15, 2004; as applicable, 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 these documents 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, go to 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 June 10, 2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12003 Filed 6-20-05; 8:45 am]
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