[Federal Register: December 10, 2002 (Volume 67, Number 237)]
[Proposed Rules]
[Page 75822-75824]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de02-11]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-218-AD]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 and -300 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Dornier Model 328-100 and
-300 series airplanes. This proposal would require 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: Comments must be received by January 9, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-218-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-218-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 for Windows or
ASCII text.
The service information referenced in the proposed rule may be
obtained from FAIRCHILD DORNIER, DORNIER Luftfahrt GmbH, P.O. Box 1103,
D-82230 Wessling, Germany. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date
[[Page 75823]]
for comments, specified above, will be considered before taking action
on the proposed rule. The proposals contained in this action may be
changed in light of the comments received.
Submit comments using the following format:
[sbull] Organize comments issue-by-issue. For example, discuss a
request to change the compliance time and a request to change the
service bulletin reference as two separate issues.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] Include justification (e.g., reasons or data) for each
request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-218-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-218-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, notified the FAA that an unsafe condition may exist on
certain Dornier Model 328-100 and -300 series airplanes. The LBA
advises that it received a report indicating that 3g-impact switches
were found to be installed in the flight data recorder (FDR) and
cockpit voice recorder (CVR). The 3g-impact switches could turn off the
FDR and CVR once the loads on the airplane reached 3g, and, thus, there
would be no means of recording data when the loads exceeded 3g. An
airplane acceleration of 4.25g could trip the switches and turn off the
FDR and CVR. In the event of an accident, after experiencing 4.25g, the
FDR and CVR could be turned off and data would not be recorded.
Replacement of the 3g-impact switches with new, 6g-impact switches is
necessary to prevent the loss of data recorded on the FDR and CVR,
which could result in the inability to retrieve data from the FDR and
CVR in the event of an accident. 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.
FAA's Determination of Unsafe Condition
This action is necessary to prevent the loss of data recorded on
the FDR and CVR. The loss of data does not directly affect the safety
of the airplane. However, should an airplane with a 3g-impact switch
have an unsafe condition which results in an accident, the data
retrieved from the FDR and CVR would be incomplete. This lack of
reliable data could hinder 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. Therefore, the FAA has determined that the proposed action
is necessary.
It should be noted that the purpose of this action is not to
enhance the safety of the Dornier Model 328-100 and -300 series
airplanes, but rather to restore the level of safety provided by the
originally approved FDR and CVR. Therefore, this AD is the appropriate
regulatory vehicle to achieve this purpose.
Explanation of Relevant Service Information
Dornier has issued Service Bulletins SB-328-31-390 (for Model 328-
100 series airplanes); and SB-328J-31-118 (for Model 328-300 series
airplanes); both dated September 6, 2001. These service bulletins
describe procedures for replacement of 3g-impact switches with new, 6g-
impact switches for the FDR and the CVR. The LBA classified these
service bulletins as mandatory and issued German airworthiness
directives 2002-238 and 2002-239, both dated August 22, 2002, in order
to assure the continued airworthiness of these airplanes in Germany.
FAA's Conclusions
These airplane models are manufactured in Germany and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the LBA has kept the FAA informed of
the situation described above. The FAA has examined the findings of the
LBA, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Proposed Rule
Since the loss of data recorded on the FDR and CVR may hinder the
identification of an unsafe condition that is likely to exist or
develop on other airplanes of the same type design registered in the
United States, the proposed AD would require accomplishment of the
actions specified in the applicable service bulletin described
previously.
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 proposed AD, that it would take approximately 1 work hour per
airplane to accomplish the proposed replacement, and that the average
labor rate is $60 per work hour. Required parts would cost
approximately $1,346 per airplane. Based on these figures, the cost
impact of the proposed 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 proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this proposed 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 proposed herein would 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 proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not
[[Page 75824]]
a ``significant rule'' under the DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and (3) if promulgated, 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 copy of the draft regulatory evaluation prepared for
this action is contained in the Rules Docket. A copy of it may be
obtained by contacting the Rules Docket at the location provided under
the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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:
Dornier Luftfahrt GmbH: 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 No.
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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 cockpit voice
recorder 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,
Transport Airplane Directorate, FAA. 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 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.
Note 3: The subject of this AD is addressed in German
airworthiness directives 2002-238 and 2002-239, both dated August
22, 2002.
Issued in Renton, Washington, on December 4, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 02-31135 Filed 12-9-02; 8:45 am]
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