[Federal Register: May 11, 2004 (Volume 69, Number 91)]
[Rules and Regulations]
[Page 26017-26018]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my04-13]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2003-NM-121-AD Amendment 39-13629; AD 2004-09-38]
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 all Dornier Model 328-300 series airplanes, that requires
various one-time inspections for discrepancies of the ground spoiler
assemblies and the flap of each wing, and related investigative and
corrective actions. This action is necessary to prevent failure of
certain ground spoiler support arms due to interference between the
ground spoiler assemblies and the wing flaps, which could result in
loss of function of affected ground spoiler assemblies and consequent
reduced controllability of the airplane. This action is intended to
address the identified unsafe condition.
DATES: Effective June 15, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 15, 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 National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
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)
[[Page 26018]]
that is applicable to all Dornier Model 328-300 series airplanes was
published in the Federal Register on March 17, 2004 (69 FR 12594). That
action proposed to require various one-time inspections for
discrepancies of the ground spoiler assemblies and the flap of each
wing, and related investigative and corrective actions.
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
We have determined that air safety and the public interest require
the adoption of the rule as proposed.
Cost Impact
We estimate that 48 airplanes of U.S. registry will be affected by
this AD, that it will take approximately 2 work hours per airplane to
accomplish the required actions, and that the average labor rate is $65
per work hour. Based on these figures, the cost impact of the AD on
U.S. operators is estimated to be $6,240, or $130 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:
2004-09-38 Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH):
Amendment 39-13629. Docket 2003-NM-121-AD.
Applicability: All Model 328-300 airplanes, certificated in any
category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of certain ground spoiler support arms due to
interference between the ground spoiler assemblies and the wing
flaps, which could result in loss of function of affected ground
spoiler assemblies and consequent reduced controllability of the
airplane, accomplish the following:
General Visual, Contour, and Clearance Inspections of Ground Spoilers,
and Related Investigative/Corrective Actions
(a) Within 400 flight cycles after the effective date of this
AD: Do one-time general visual, contour, and clearance inspections
for discrepancies of the ground spoiler assemblies and the wing
flaps by doing all the actions per the Accomplishment Instructions
of Dornier Service Bulletin SB-328J-57-180, Revision 1, dated March
10, 2003. Any applicable related investigative and corrective
actions must be done before further flight per the service bulletin.
Note 1: For the purposes of this AD, a general visual inspection
is defined as: ``A visual examination of an interior or exterior
area, installation, or assembly to detect obvious damage, failure,
or irregularity. This level of inspection is made from within
touching distance unless otherwise specified. A mirror may be
necessary to enhance visual access to all exposed surfaces in the
inspection area. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or droplight and may require removal or opening of
access panels or doors. Stands, ladders, or platforms may be
required to gain proximity to the area being checked.''
Submission of Inspection Results Not Required
(b) Although the service bulletin referenced in this AD
specifies to submit information to the manufacturer, this AD does
not include such a requirement.
Alternative Methods of Compliance
(c) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA, 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-57-180, Revision 1, dated March 10, 2003. 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 National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register
/code--of--federal--regulations/ ibr--
locations.html.
Note 2: The subject of this AD is addressed in German
airworthiness directive 2003-120/2, dated July 24, 2003.
Effective Date
(e) This amendment becomes effective on June 15, 2004.
Issued in Renton, Washington, on April 28, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-10376 Filed 5-10-04; 8:45 am]
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