[Federal Register: February 15, 2005 (Volume 70, Number 30)]
[Proposed Rules]
[Page 7689-7691]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe05-21]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20345; Directorate Identifier 2004-NM-101-AD]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-300 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Dornier Model 328-300 series airplanes. This proposed AD
would require installing a drain hole in the lower skin of the left-
and right-hand elevator horns. This proposed AD is prompted by reports
of water found in the elevator assembly. We are proposing this AD to
prevent water or ice accumulating in the elevator assembly, which could
result in possible corrosion that reduces the structural integrity of
the flight control surface, or in an unbalanced flight control surface.
These conditions could result in reduced controllability of the
airplane.
DATES: We must receive comments on this proposed AD by March 17, 2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401,
Washington, DC 20590.
By fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
AvCraft Aerospace GmbH, PO Box 1103, D-82230 Wessling, Germany.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401,
on the plaza level of the Nassif Building, Washington, DC. This docket
number is FAA-2005-20345; the directorate identifier for this docket is
2004-NM-101-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:
[[Page 7690]]
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-20345;
Directorate Identifier 2004-NM-101-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit http://dms.dot.gov.
Examining the Docket
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 DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.
Discussion
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, notified us that an unsafe condition may exist on certain
Dornier Model 328-300 series airplanes. The LBA advises that there have
been reports that, during maintenance, water (from rain or
condensation) was found in the elevator assembly. The water accumulates
in the elevator due to the lack of a drain hole and could freeze in a
cold environment (e.g., due to high altitude or winter weather).
Accumulated water or ice in the elevator assembly, if not corrected,
could result in possible corrosion that reduces the structural
integrity of the flight control surface, or in an unbalanced flight
control surface. These conditions could result in reduced
controllability of the airplane.
Relevant Service Information
AvCraft Aerospace GmbH has issued Dornier Service Bulletin SB-328J-
55-203, Revision 1, dated November 19, 2003. The service bulletin
describes procedures for installing a drain hole in the lower skin of
the left- and right-hand elevator horns. Accomplishing the actions
specified in the service information is intended to adequately address
the unsafe condition. The LBA mandated the service information and
issued German airworthiness directive D-2004-005, dated January 8,
2004, to ensure the continued airworthiness of these airplanes in
Germany.
FAA's Determination and Requirements of the Proposed AD
This airplane model is manufactured in Germany and is type
certificated for operation in the United States under the provisions of
Sec. 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. We have examined the LBA's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States. Therefore, we are proposing this AD,
which would require accomplishing the actions specified in the service
information described previously.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
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Number of U.S.-
Action Work hours Average labor Parts Cost per registered Fleet cost
rate per hour airplane airplanes
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Installing drain hole............................. 1 $65 $100 $165 49 $8,085
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Authority of 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD 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.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the 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 proposed 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, Safety.
[[Page 7691]]
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
Fairchild Dornier GMBH (Formerly Dornier Luftfahrt GmbH): Docket No.
FAA-2005-20345; Directorate Identifier 2004-NM-101-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by March 17, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Dornier Model 328-300 series airplanes,
serial numbers 3105 through 3219 inclusive, certificated in any
category.
Unsafe Condition
(d) This AD was prompted by reports of water found in the
elevator assembly. We are issuing this AD to prevent water
accumulating in the elevator assembly, which could result in
possible corrosion that reduces the structural integrity of the
flight control surface, or in an unbalanced flight control surface.
These conditions could result in reduced controllability of the
airplane.
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.
Installation
(f) Which 90 days after the effective date of this AD, install a
drain hole in the lower skin of the left- and right-hand elevator
horns in accordance with the Accomplishment Instructions of Dornier
Service Bulletin SB-328J-55-203, Revision 1, dated November 19,
2003.
Alternative Methods of Compliance (AMOCs)
(g) The Manager, International Branch, ANM-116, FAA, Transport
Airplane Directorate, has the authority to approve AMOCs for this
AD, if requested in accordance with the procedures found in 14 CFR
39.19.
Related Information
(h) German airworthiness directive D-2004-005, dated January 8,
2004, also addresses the subject of this AD.
Issued in Renton, Washington, on January 31, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-2828 Filed 2-14-05; 8:45 am]
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