[Federal Register: February 11, 2004 (Volume 69, Number 28)]
[Rules and Regulations]
[Page 6534-6535]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe04-9]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-267-AD; Amendment 39-13460; AD 2004-03-16]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-300 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 328-300 series airplanes, that
requires replacement of 3-switch and 4-switch overhead fire
extinguisher control panels with new, improved panels. This action is
necessary to prevent the inadvertent release of the fire switch
pushbutton on the overhead fire extinguisher control panel with the
switch guard closed, which could result in an uncommanded engine
shutdown. This action is intended to address the identified unsafe
condition.
DATES: Effective March 17, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 17, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from AvCraft Aerospace 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
[[Page 6535]]
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 328-300
series airplanes was published in the Federal Register on November 17,
2003 (68 FR 64822). That action proposed to require replacement of 3-
switch and 4-switch overhead fire extinguisher control panels with new,
improved panels.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the one comment received.
The commenter supports the proposed rule.
Conclusion
After careful review of the available data, including the comment
noted above, 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 19 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 1 work hour per
airplane to accomplish the replacement of the overhead fire
extinguisher control panel, and that the average labor rate is $65 per
work hour. Required parts will be provided by the parts manufacturer at
no cost to operators. Based on these figures, the cost impact of the AD
on U.S. operators is estimated to be $1,235, or $65 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
0
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
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. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-03-16 Fairchild Dornier Gmbh (Formerly Dornier Luftfahrt GmbH):
Amendment 39-13460. Docket 2002-NM-267-AD.
Applicability: Model 328-300 series airplanes as listed in
Dornier Service Bulletins SB-328J-26-156 and SB-328J-26-161, both
dated February 26, 2002; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the inadvertent release of the fire switch pushbutton
on the overhead fire extinguisher control panel with the switch
guard closed, which could result in an uncommanded engine shutdown,
accomplish the following:
Replacement of Overhead Fire Extinguisher Control Panel and Follow-on
Actions
(a) Within 16 months after the effective date of this AD:
Replace the overhead fire extinguisher control panels with new,
improved fire extinguisher control panels, by accomplishing all of
the actions specified in Paragraphs 2.A, 2.B(1) through (4)
inclusive, and 2.C, of the Accomplishment Instructions of Dornier
Service Bulletin SB-328J-26-156 or SB-328J-26-161, both dated
February 26, 2002; as applicable.
Note 1: Dornier Service Bulletins SB-328J-26-156 and SB-328J-26-
161 refer to Smiths Aerospace Service Bulletins 371-01 and 370-01,
respectively, both dated February 20, 2002, as additional sources of
service information for accomplishment of the required actions.
Parts Installation
(b) As of the effective date of this AD, no person may install
fire extinguisher control panels manufactured by Smiths Aerospace
having part numbers 715740-1 or 715355-1 on any airplane.
Alternative Methods of Compliance
(c) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized
to approve alternative methods of compliance for this AD.
Incorporation by Reference
(d) The actions shall be done in accordance with Dornier Service
Bulletin SB-328J-26-156, dated February 26, 2002; or Dornier Service
Bulletin SB-328J-26-161, dated February 26, 2002; 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 AvCraft Aerospace 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 2: The subject of this AD is addressed in German
airworthiness directives 2002-251, dated September 5, 2002; and
2002-335, dated October 17, 2002.
Effective Date
(e) This amendment becomes effective on March 17, 2004.
Issued in Renton, Washington, on January 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-2579 Filed 2-10-04; 8:45 am]
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