[Federal Register: March 14, 2003 (Volume 68, Number 50)]
[Rules and Regulations]
[Page 12285-12287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr03-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-218-AD; Amendment 39-13084; AD 2003-05-08]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 and -300 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Dornier Model 328-100 and -300 series airplanes,
that requires replacement of certain flight data recorder (FDR) and
cockpit voice recorder (CVR) impact switches with certain new impact
switches. This action is necessary to prevent the loss of data recorded
on the FDR and CVR, which, in the event of an accident, could result in
the inability to retrieve data from the FDR and CVR during the accident
investigation. This loss of data could hinder the identification of the
unsafe condition which caused the accident, and prevent the FAA from
developing and mandating actions to prevent additional accidents caused
by that same unsafe condition.
DATES: Effective April 18, 2003.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 18, 2003.
[[Page 12286]]
ADDRESSES: The service information referenced in this AD may be
obtained from Fairchild Dornier, Dornier Luftfahrt GmbH, P.O. Box 1103,
D-82230 Wessling, Germany. This information may be examined at the
Federal Aviation Administration (FAA), Transport Airplane Directorate,
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Dornier Model 328-100 and
-300 series airplanes was published in the Federal Register on December
10, 2002 (67 FR 75822). That action proposed to require replacement of
certain flight data recorder (FDR) and cockpit voice recorder (CVR)
impact switches with certain new impact switches.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were submitted in response
to the proposal or the FAA's determination of the cost to the public.
Conclusion
The FAA has determined that air safety and the public interest
require the adoption of the rule as proposed.
Cost Impact
The FAA estimates that 53 Model 328-100 series airplanes and 48
Model 328-300 series airplanes of U.S. registry would be affected by
this AD, that it will take approximately 1 work hour per airplane to
accomplish the required replacement, and that the average labor rate is
$60 per work hour. Required parts will cost approximately $1,346 per
airplane. Based on these figures, the cost impact of the AD on U.S.
operators is estimated to be $142,006, or $1,406 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted. The cost impact figures discussed
in AD rulemaking actions represent only the time necessary to perform
the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations adopted herein 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. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new
airworthiness directive:
2003-05-08 Dornier Luftfahrt GMBH: Amendment 39-13084. Docket 2002-
NM-218-AD.
Applicability: Airplanes listed in the following table of this
AD, certificated in any category:
Table.--Applicability
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Model Serial Nos.
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328-100 series airplanes.................. 3005 through 3119 inclusive.
328-300 series airplanes.................. 3105 through 3223 inclusive.
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Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the loss of data recorded on the flight data recorder
(FDR) and cockpit voice recorder (CVR), which, in the event of
accident, could result in the inability to retrieve data from the
FDR and CVR during the accident investigation, and hinder the
identification of the unsafe condition which caused the accident,
accomplish the following:
Switch Replacement
(a) For Model 328-100 series airplanes: Within 12 months after
the effective date of this AD, replace the FDR and CVR 3g-impact
switches, with new, 6g-impact switches, per the Accomplishment
Instructions of Dornier Service Bulletin SB-328-31-390, dated
September 6, 2001.
(b) For Model 328-300 series airplanes: Within 12 months after
the effective date of this AD, replace the FDR and CVR 3g-impact
switches, with new, 6g-impact switches, per the Accomplishment
Instructions of Dornier Service Bulletin SB-328J-31-118, dated
September 6, 2001.
Alternative Methods of Compliance
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, International Branch, ANM-116, FAA,
Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Operations Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
Special Flight Permits
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199
[[Page 12287]]
of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to
operate the airplane to a location where the requirements of this AD
can be accomplished.
Incorporation by Reference
(e) The actions shall be done in accordance with Dornier Service
Bulletin SB-328-31-390, dated September 6, 2001; and Dornier Service
Bulletin SB-328J-31-118, dated September 6, 2001; as applicable.
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Fairchild Dornier, Dornier Luftfahrt
GmbH, P.O. Box 1103, D-82230 Wessling, Germany. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
Note 3: The subject of this AD is addressed in German
airworthiness directives 2002-238 and 2002-239, both dated August
22, 2002.
Effective Date
(f) This amendment becomes effective on April 18, 2003.
Issued in Renton, Washington, on March 5, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-5860 Filed 3-13-03; 8:45 am]
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