[Federal Register: May 12, 2005 (Volume 70, Number 91)]
[Rules and Regulations]
[Page 24938-24939]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my05-4]
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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;
Amendment 39-14083; AD 2005-10-06]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-300 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Dornier Model 328-300 series airplanes. This AD requires
installing a drain hole in the lower skin of the left- and right-hand
elevator horns. This AD is prompted by reports of water found in the
elevator assembly. We are issuing 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: This AD becomes effective June 16, 2005.
The incorporation by reference of a certain publication listed in
the AD is approved by the Director of the Federal Register as of June
16, 2005.
ADDRESSES: For service information identified in this AD, contact
AvCraft Aerospace GmbH, P.O. Box 1103, D-82230 Wessling, Germany.
Docket: The AD docket contains the proposed AD, comments, and any
final disposition. 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 U.S.
Department of Transportation, 400 Seventh Street, SW., room PL-401,
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: The FAA proposed to amend 14 CFR part 39
with an AD for certain Dornier Model 328-300 series airplanes. That
action, published in the Federal Register on February 15, 2005 (70 FR
7689), proposed to require installing a drain hole in the lower skin of
the left- and right-hand elevator horns.
Comments
We provided the public the opportunity to participate in the
development of this AD. No comments have been submitted on the proposed
AD or on the determination of the cost to the public.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this AD.
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Average labor Parts Cost per registered Fleet cost
rate per hour airplane airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Installing drain hole................................... 1 $65 $100 $165 49 $8,085
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Authority for 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 AD will not have federalism
implications under Executive Order 13132. This AD will
[[Page 24939]]
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 this AD:
(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.
We prepared a regulatory evaluation of the estimated costs to
comply with this 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, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2005-10-06 Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH):
Amendment 39-14083. Docket No. FAA-2005-20345; Directorate
Identifier 2004-NM-101-AD.
Effective Date
(a) This AD becomes effective June 16, 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) Within 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.
Material Incorporated by Reference
(i) You must use Dornier Service Bulletin SB-328J-55-203,
Revision 1, dated November 19, 2003, to perform the actions that are
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approves the incorporation by reference of
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
To get copies of the service information, contact AvCraft Aerospace
GmbH, P.O. Box 1103, D-82230 Wessling, Germany. To view the AD
docket, go to the Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW, room PL-401, Nassif Building,
Washington, DC. To review copies of the service information, contact
the National Archives and Records Administration (NARA). For
information on the availability of this material at the NARA, call
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on May 4, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-9367 Filed 5-11-05; 8:45 am]
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