Airworthiness Directives; Dornier Model 328-300 Series Airplanes, 7689-7691 [05-2828]
Download as PDF
Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules
section for a location to examine the
regulatory evaluation.
PART 39—AIRWORTHINESS
DIRECTIVES
List of Subjects in 14 CFR Part 39
1. The authority citation for part 39
continues to read as follows:
Air transportation, Aircraft, Aviation
safety, Safety.
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
7689
Comments Due Date
(a) The Federal Aviation Administration
(FAA) must receive comments on this AD
action by April 1, 2005.
Affected ADs
(b) None.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
Boeing: Docket No. FAA–2005–20347;
Directorate Identifier 2004–NM–226–AD.
Applicability
(c) This AD applies to the airplanes listed
in Table 1 of this AD, certificated in any
category:
TABLE 1.—APPLICABILITY
Boeing models
As listed in
737–300, -400, and –500 series airplanes ..............................................
737–600, –700, –700C, –800 and –900 series airplanes ........................
Unsafe Condition
(d) This AD was prompted by one operator
reporting flight management computer (FMC)
map shifts on several Model 737–400 series
airplanes with dual FMCs, using operational
program software (OPS) version U10.4A. We
are issuing this AD to prevent the FMC from
displaying the incorrect actual navigation
performance value to the flightcrew, which
could prevent adequate alerting of a potential
navigation error. This condition could result
in a near miss with other airplanes or terrain,
or collision if other warning systems also fail.
Boeing Alert Service Bulletin 737–34A1821, dated July 15, 2004.
Boeing Alert Service Bulletin 737–34A1801, dated July 15, 2004.
accordance with the procedures found in 14
CFR 39.19.
Issued in Renton, Washington, on February
2, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–2827 Filed 2–14–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Compliance
Federal Aviation Administration
(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.
14 CFR Part 39
Install Updated Version of OPS
(f) Within 180 days after the effective date
of this AD, install the updated version of the
OPS in the left and right FMCs; and, before
further flight, do all the other specified
actions. Do the installation and other
specified actions by accomplishing all of the
actions in the Accomplishment Instructions
of the applicable service bulletin, as listed in
Table 1 of this AD. Where the service bulletin
specifies a configuration check, certificated
maintenance personnel must perform the
configuration check.
Reinstall Software, If Necessary
(g) If the incorrect software version of the
OPS, model/engine database if applicable, or
software options database is found installed
on any FMC during any configuration check
required by paragraph (f) of this AD: Before
further flight, reinstall the software, as
applicable. Do the reinstallation of any
software in accordance with the
Accomplishment Instructions of the
applicable service bulletin, as listed in Table
1 of this AD.
Alternative Methods of Compliance
(AMOCs)
(h) The Manager, Seattle Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
VerDate jul<14>2003
14:39 Feb 14, 2005
Jkt 205001
[Docket No. FAA–2005–20345; Directorate
Identifier 2004–NM–101–AD]
RIN 2120–AA64
Airworthiness Directives; Dornier
Model 328–300 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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.
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
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
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://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 https://
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:
DATES:
E:\FR\FM\15FEP1.SGM
15FEP1
7690
Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules
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 https://
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
https://dms.dot.gov.
Examining the Docket
You can examine the AD docket on
the Internet at https://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.
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.
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.
FAA’s Determination and Requirements
of the Proposed AD
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
This airplane model is manufactured
in Germany and is type certificated for
operation in the United States under the
provisions of § 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
Action
Work hours
Average labor
rate per hour
Parts
Cost per airplane
Number of
U.S.-registered
airplanes
Fleet cost
Installing drain hole ..................................
1
$65
$100
$165
49
$8,085
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
VerDate jul<14>2003
14:39 Feb 14, 2005
Jkt 205001
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:
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
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.
E:\FR\FM\15FEP1.SGM
15FEP1
Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules
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:
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]
BILLING CODE 4910–13–M
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
DEPARTMENT OF TRANSPORTATION
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
Federal Aviation Administration
Fairchild Dornier GMBH (Formerly Dornier
Luftfahrt GmbH): Docket No. FAA–
2005–20345; Directorate Identifier 2004–
NM–101–AD.
[Docket No. FAA–2005–20357; Directorate
Identifier 2004–NM–120–AD]
Comments Due Date
Airworthiness Directives; Boeing
Model 767 Series Airplanes
(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.
VerDate jul<14>2003
14:39 Feb 14, 2005
Jkt 205001
14 CFR Part 39
RIN 2120–AA64
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Boeing Model 767 series
airplanes. This proposed AD would
require replacing hinge assemblies with
new hinge assemblies in the outboard
overhead stowage bins and reworking
hinge assemblies in the outboard
overhead stowage bins that are adjacent
to curtain tracks. This proposed AD is
prompted by reports of hinge assemblies
of outboard overhead stowage bins
breaking or the stowage bin doors not
latching properly. We are proposing this
AD to prevent the outboard overhead
stowage bins opening during flight and
releasing baggage, and consequently
cause passenger injury and blockage of
the aisles during emergency egress.
DATES: We must receive comments on
this proposed AD by April 1, 2005.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://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.
SUMMARY:
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
7691
• 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 Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207.
You can examine the contents of this
AD docket on the Internet at https://
dms.dot.gov, or 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–
20357; the directorate identifier for this
docket is 2004–NM–120–AD.
FOR FURTHER INFORMATION CONTACT:
Susan Rosanske, Aerospace Engineer,
Cabin Safety and Environmental
Systems Branch, ANM–150S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 917–6448; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any written
relevant data, views, or arguments
regarding this proposed AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2005–20357; Directorate Identifier
2004–NM–120–AD’’ in the subject line
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 https://
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 that 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 DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you can visit https://
dms.dot.gov.
Examining the Docket
You can examine the AD docket on
the Internet at https://dms.dot.gov, or in
E:\FR\FM\15FEP1.SGM
15FEP1
Agencies
[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Proposed Rules]
[Pages 7689-7691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2828]
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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 https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
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
https://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 https://
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 https://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at https://
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
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]
BILLING CODE 4910-13-M