Airworthiness Directives; Dornier Model 328-100 and -300 Series Airplanes, 17370-17373 [05-6773]

Download as PDF 17370 Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Proposed Rules 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. Would 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 summary of the costs to comply with this proposal and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES. nine months after the effective date of this AD, unless the actions have already been done. Addition of Water Drain Holes (Turbomeca Modification TU 171A) (f) Within nine months from the effective date of this AD, drill an additional water drain hole in each engine air intake assembly half-cover, using paragraphs 2.B.(1) through 2.B.(5) of Turbomeca Artouste III Service Bulletin (SB) No. 218 72 0104, dated December 24, 2003. Alternative Methods of Compliance (g) The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Related Information (h) DGAC airworthiness directive F–2003– 455, dated December 24, 2003, also addresses the subject of this AD. The Proposed Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 14 CFR part 39 as follows: Issued in Burlington, Massachusetts, on March 30, 2005. Diane Cook, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 05–6774 Filed 4–5–05; 8:45 am] PART 39—AIRWORTHINESS DIRECTIVES BILLING CODE 4910–13–P 1. The authority citation for part 39 continues to read as follows: DEPARTMENT OF TRANSPORTATION Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 Federal Aviation Administration 14 CFR Part 39 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: [Docket No. FAA–2005–20869; Directorate Identifier 2004–NM–09–AD] Turbomeca: Docket No. FAA–2005–20849; Directorate Identifier 2005–NE–04–AD. RIN 2120–AA64 Comments Due Date (a) The Federal Aviation Administration (FAA) must receive comments on this airworthiness directive (AD) action by June 6, 2005. Airworthiness Directives; Dornier Model 328–100 and –300 Series Airplanes Affected ADs (b) None. Applicability (c) This AD applies to Turbomeca Artouste III B, B1, and D turboshaft engines. These engines are installed on, but not limited to, Aerospatiale (Eurocopter—France) SA–315B LAMA, and Alouette III SA3160, SA–316B, and SA–316C helicopters. Unsafe Condition (d) This AD results from a report of an inflight shutdown and subsequent loss of control of the helicopter, due to ice ingestion into the engine. We are issuing this AD to prevent ice ingestion into the engine, which could lead to an in-flight shutdown and subsequent loss of control of the helicopter. Compliance (e) You are responsible for having the actions required by this AD performed within VerDate jul<14>2003 17:48 Apr 05, 2005 Jkt 205001 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 328–100 and -300 series airplanes. This proposed AD would require operators to install colored identification strips on the pulley brackets, fairlead bracket assemblies, operational assemblies, and flight control cables. This proposed AD is prompted by a report that the flight control systems do not have elements that are distinctively identified. We are proposing this AD to prevent the incorrect re-assembly of the flight control system during maintenance, which could result in reduced controllability of the airplane. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 We must receive comments on this proposed AD by May 6, 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 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, P.O. 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– 20869; the directorate identifier for this docket is 2004–NM–09–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: 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– 2005–20869; Directorate Identifier 2004NM–09-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 E:\FR\FM\06APP1.SGM 06APP1 Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Proposed Rules substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of our docket website, 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 328–100 and -300 series airplanes. The LBA advises that the flight control systems on these airplane models do not have elements that are distinctively identified. Therefore, we have determined that these systems do not currently comply with Federal Aviation Regulation (FAR) 25.671 (b). FAR 25.671 (b) specifies that ‘‘each element of each flight control system must be designed, or distinctively and permanently marked, to minimize the probability of incorrect assembly that could result in the malfunctioning of the system.’’ Service experience with other airplane models has shown that if the elements of the flight control system are not distinctively and permanently marked, they could be re-assembled incorrectly during maintenance. Incorrect re-assembly of the flight control system during maintenance could result in reduced controllability of the airplane. Relevant Service Information Dornier has issued Service Bulletin SB–328J–27–176, Revision 1, dated April 15, 2003, for Dornier Model 328– 300 series airplanes; and Service 17371 Bulletin SB–328–27–436, Revision 1, dated April 15, 2003, for Dornier Model 328–100 series airplanes. These service bulletins describe procedures for installing colored identification strips on the pulley brackets, fairlead bracket assemblies, operational assemblies, and flight control cables. 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 directives 2003–376 and 2003–377, both dated November 11, 2003, to ensure the continued airworthiness of these airplanes in Germany. Concurrent Requirements The actions in the service bulletins in the following table must be accomplished before, or concurrently with, the actions in the Dornier Service Bulletin SB–328J–27–176, and Dornier Service Bulletin SB–328–27–436. CONCURRENT REQUIREMENTS Dornier service bulletin Concurrent Dornier service bulletins SB–328J–27–176, for Dornier Model 328–300 series airplanes. SB–328J–27–035, dated April 25, 2000 ............. Relocate the auto-pilot rudder servo. SB–328J–27–036, dated April 25, 2000 ............. SB–328J–27–037, dated April 25, 2000 ............. SB–328–27–290, Revision 1, dated December 8, 2000. SB–328–27–291, Revision 1, dated December 8, 2000. SB–328–27–292, Revision 1, dated December 8, 2000. Relocate the auto-pilot elevator servo. Relocate the auto-pilot aileron servo. Relocate the auto-pilot rudder servo. SB–328–27–436, for Dornier Model 328–100 series airplanes. FAA’s Determination and Requirements of the Proposed AD 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. 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. VerDate jul<14>2003 15:58 Apr 05, 2005 Jkt 205001 Therefore, we are proposing this AD, which would require accomplishing the actions specified in the service bulletins described previously, except as discussed under ‘‘Difference Between the Proposed AD and the German Airworthiness Directives.’’ Difference Between the Proposed AD and the German Airworthiness Directives The German airworthiness directives recommend that operators install the colored identification strips when the flight control cable is replaced, if that replacement comes before the next scheduled ‘‘C-Check or its equivalent.’’ This proposed AD does not require operators to install the colored identification strips when the flight PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 Action Relocate the auto-pilot aileron servo. Relocate the auto-pilot elevator servo. control cable is replaced, although we recommend that operators do so if the replacement comes before the 24-month compliance time of this proposed AD. Clarification of Compliance Time The German airworthiness directives mandate, and the Dornier service bulletins recommend, compliance at the next scheduled ‘‘C-check or equivalent.’’ Because ‘‘C-check’’ schedules vary among operators, this proposed AD would require compliance within 24 months after the effective date of this AD. We find that 24 months correspond to normal scheduled maintenance for most affected operators and that this compliance time is appropriate for the affected airplanes to continue to operate without compromising safety. E:\FR\FM\06APP1.SGM 06APP1 17372 Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Proposed Rules 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 Installation ................................................................................ 16 $65 $291 $1,331 112 $149,072 Average labor rate per hour Parts Cost per airplane The following table provides the estimated costs for airplanes subject to the concurrent requirements described previously. ESTIMATED COSTS—CONCURRENT REQUIREMENTS Work hours Concurrent service bulletin SB–328–27–290 .............................................................................................................. SB–328–27–291 .............................................................................................................. SB–328–27–292 .............................................................................................................. SB–328J–27–035 ............................................................................................................ SB–328J–036 .................................................................................................................. SB–328J–037 .................................................................................................................. 1 Operator $65 65 65 65 65 65 (1) (1) (1) $462 578 (1) $325 325 325 787 903 325 supplied. 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 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. VerDate jul<14>2003 5 5 5 5 5 5 15:58 Apr 05, 2005 Jkt 205001 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): Docket No. FAA– 2005–20869; Directorate Identifier 2004– NM–09–AD. Comments Due Date (a) The Federal Aviation Administration must receive comments on this AD action by May 6, 2005. Affected ADs (b) None. Applicability Air transportation, Aircraft, Aviation safety, Safety. (c) This AD applies to Dornier Model 328– 100 and –300 series airplanes, certificated in any category; as identified in Dornier Service Bulletin SB–328J–27–176, Revision 1, dated April 15, 2003; and Dornier Service Bulletin SB–328–27–436, Revision 1, dated April 15, 2003; as applicable. The Proposed Amendment Unsafe Condition Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: (d) This AD was prompted by a report that the flight control systems do not have elements that are distinctively identified. We are issuing this AD to prevent the incorrect re-assembly of the flight control system during maintenance, which could result in reduced controllability of the airplane. List of Subjects in 14 CFR Part 39 PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: PO 00000 Authority: 49 U.S.C. 106(g), 40113, 44701. Frm 00033 Fmt 4702 Sfmt 4702 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. E:\FR\FM\06APP1.SGM 06APP1 17373 Federal Register / Vol. 70, No. 65 / Wednesday, April 6, 2005 / Proposed Rules Installation (f) Within 24 months after the effective date of this AD, install colored identification strips on the pulley brackets, fairlead bracket assemblies, operational assemblies, and flight control cables, in accordance with the Accomplishment Instructions of Dornier Service Bulletin SB–328J–27–176, Revision 1, dated April 15, 2003; or Dornier Service Bulletin SB–328–27–436, Revision 1, dated April 15, 2003; as applicable. Prior or Concurrent Requirements (g) Prior to or concurrently with the accomplishment of the actions in paragraph (f) of this AD, accomplish the actions in the applicable service bulletins listed in Table 1 of this AD. TABLE 1.—PRIOR OR CONCURRENT REQUIREMENTS Model 328–100 .................................. 328–300 .................................. Dornier service bulletin Revision Date Action SB–328–27– 290 SB–328–27– 291 SB–328–27– 292 1 ............................................. December 8, 2000 ................. 1 ............................................. December 8, 2000 ................. 1 ............................................. December 8, 2000 ................. Relocate the auto-pilot rudder servo. Relocate the auto-pilot aileron servo. Relocate the auto- pilot elevator servo. SB–328J–27– 035 SB–328J–27– 036 SB–328J–27– 037 Original .................................. April 25, 2000 ........................ Original .................................. April 25, 2000 ........................ Original .................................. April 25, 2000 ........................ Alternative Methods of Compliance (AMOCs) (h) The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. Related Information (i) German airworthiness directive 2003– 376, dated November 11, 2003; and German airworthiness directive 2003–377, dated November 11, 2003; also address the subject of this AD. Issued in Renton, Washington, on March 24, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–6773 Filed 4–5–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–20865; Directorate Identifier 2003–NM–103–AD] RIN 2120–AA64 Airworthiness Directives; BAE Systems (Operations) Limited (Jetstream) Model 4101 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 all VerDate jul<14>2003 17:48 Apr 05, 2005 Jkt 205001 BAE Systems (Operations) Limited (Jetstream) Model 4101 airplanes. This proposed AD would require the overhaul of certain auxiliary components installed on the main landing gear (MLG) and nose landing gear (NLG). This proposed AD is prompted by manufacturer determination that overhaul limits need to be imposed for certain auxiliary components of the MLG and NLG. Components that exceed the established overhaul limits could fail due to fatigue, wear, and age. We are proposing this AD to prevent failure of the MLG or NLG, and consequent damage to the airplane and injury to flightcrew and passengers. DATES: We must receive comments on this proposed AD by May 6, 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 British PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 Relocate the auto-pilot rudder servo. Relocate the auto-pilot elevator servo. Relocate the auto-pilot aileron servo. Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171. 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– 20865; the directorate identifier for this docket is 2003–NM–103–AD. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–1175; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: 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– 2005–20865; Directorate Identifier 2003–NM–103–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 E:\FR\FM\06APP1.SGM 06APP1

Agencies

[Federal Register Volume 70, Number 65 (Wednesday, April 6, 2005)]
[Proposed Rules]
[Pages 17370-17373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6773]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20869; Directorate Identifier 2004-NM-09-AD]
RIN 2120-AA64

Airworthiness Directives; Dornier Model 328-100 and -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 328-100 and -300 series airplanes. This
proposed AD would require operators to install colored identification
strips on the pulley brackets, fairlead bracket assemblies, operational
assemblies, and flight control cables. This proposed AD is prompted by
a report that the flight control systems do not have elements that are
distinctively identified. We are proposing this AD to prevent the
incorrect re-assembly of the flight control system during maintenance,
which could result in reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by May 6, 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, P.O. 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-2005-20869; the directorate identifier for this
docket is 2004-NM-09-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:

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-2005-20869;
Directorate Identifier 2004-NM-09-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

[[Page 17371]]

substantive verbal contact with FAA personnel concerning this proposed
AD. Using the search function of our docket website, 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 328-100 and -300 series airplanes. The LBA advises that
the flight control systems on these airplane models do not have
elements that are distinctively identified. Therefore, we have
determined that these systems do not currently comply with Federal
Aviation Regulation (FAR) 25.671 (b). FAR 25.671 (b) specifies that
``each element of each flight control system must be designed, or
distinctively and permanently marked, to minimize the probability of
incorrect assembly that could result in the malfunctioning of the
system.'' Service experience with other airplane models has shown that
if the elements of the flight control system are not distinctively and
permanently marked, they could be re-assembled incorrectly during
maintenance. Incorrect re-assembly of the flight control system during
maintenance could result in reduced controllability of the airplane.

Relevant Service Information

Dornier has issued Service Bulletin SB-328J-27-176, Revision 1,
dated April 15, 2003, for Dornier Model 328-300 series airplanes; and
Service Bulletin SB-328-27-436, Revision 1, dated April 15, 2003, for
Dornier Model 328-100 series airplanes.
These service bulletins describe procedures for installing colored
identification strips on the pulley brackets, fairlead bracket
assemblies, operational assemblies, and flight control cables.
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 directives 2003-376 and 2003-377, both dated November 11,
2003, to ensure the continued airworthiness of these airplanes in
Germany.

Concurrent Requirements

The actions in the service bulletins in the following table must be
accomplished before, or concurrently with, the actions in the Dornier
Service Bulletin SB-328J-27-176, and Dornier Service Bulletin SB-328-
27-436.

Concurrent Requirements
----------------------------------------------------------------------------------------------------------------
Concurrent Dornier
Dornier service bulletin service bulletins Action
----------------------------------------------------------------------------------------------------------------
SB-328J-27-176, for Dornier Model SB-328J-27-035, Relocate the auto-pilot rudder servo.
328-300 series airplanes. dated April 25,
2000.
SB-328J-27-036, Relocate the auto-pilot elevator servo.
dated April 25,
2000.
SB-328J-27-037, Relocate the auto-pilot aileron servo.
dated April 25,
2000.
SB-328-27-436, for Dornier Model SB-328-27-290, Relocate the auto-pilot rudder servo.
328-100 series airplanes. Revision 1, dated
December 8, 2000.
SB-328-27-291, Relocate the auto-pilot aileron servo.
Revision 1, dated
December 8, 2000.
SB-328-27-292, Relocate the auto-pilot elevator servo.
Revision 1, dated
December 8, 2000.
----------------------------------------------------------------------------------------------------------------

FAA's Determination and Requirements of the Proposed AD

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. 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 bulletins described
previously, except as discussed under ``Difference Between the Proposed
AD and the German Airworthiness Directives.''

Difference Between the Proposed AD and the German Airworthiness
Directives

The German airworthiness directives recommend that operators
install the colored identification strips when the flight control cable
is replaced, if that replacement comes before the next scheduled ``C-
Check or its equivalent.'' This proposed AD does not require operators
to install the colored identification strips when the flight control
cable is replaced, although we recommend that operators do so if the
replacement comes before the 24-month compliance time of this proposed
AD.

Clarification of Compliance Time

The German airworthiness directives mandate, and the Dornier
service bulletins recommend, compliance at the next scheduled ``C-check
or equivalent.'' Because ``C-check'' schedules vary among operators,
this proposed AD would require compliance within 24 months after the
effective date of this AD. We find that 24 months correspond to normal
scheduled maintenance for most affected operators and that this
compliance time is appropriate for the affected airplanes to continue
to operate without compromising safety.

[[Page 17372]]

Costs of Compliance

The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.

Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of
Work Average Cost per U.S.-
Action hours labor rate Parts airplane registered Fleet cost
per hour airplanes
----------------------------------------------------------------------------------------------------------------
Installation.................... 16 $65 $291 $1,331 112 $149,072
----------------------------------------------------------------------------------------------------------------

The following table provides the estimated costs for airplanes
subject to the concurrent requirements described previously.

Estimated Costs--Concurrent Requirements
----------------------------------------------------------------------------------------------------------------
Average
Concurrent service bulletin Work hours labor rate Parts Cost per
per hour airplane
----------------------------------------------------------------------------------------------------------------
SB-328-27-290............................................... 5 $65 (1) $325
SB-328-27-291............................................... 5 65 (1) 325
SB-328-27-292............................................... 5 65 (1) 325
SB-328J-27-035.............................................. 5 65 $462 787
SB-328J-036................................................. 5 65 578 903
SB-328J-037................................................. 5 65 (1) 325
----------------------------------------------------------------------------------------------------------------
\1\ Operator supplied.

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 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.

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): [FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][PRORULES][PRORULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/
SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]

Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): Docket No.
FAA-2005-20869; Directorate Identifier 2004-NM-09-AD.

Comments Due Date

(a) The Federal Aviation Administration must receive comments on
this AD action by May 6, 2005.

Affected ADs

(b) None.

Applicability

(c) This AD applies to Dornier Model 328-100 and -300 series
airplanes, certificated in any category; as identified in Dornier
Service Bulletin SB-328J-27-176, Revision 1, dated April 15, 2003;
and Dornier Service Bulletin SB-328-27-436, Revision 1, dated April
15, 2003; as applicable.

Unsafe Condition

(d) This AD was prompted by a report that the flight control
systems do not have elements that are distinctively identified. We
are issuing this AD to prevent the incorrect re-assembly of the
flight control system during maintenance, which 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.

[[Page 17373]]

Installation

(f) Within 24 months after the effective date of this AD,
install colored identification strips on the pulley brackets,
fairlead bracket assemblies, operational assemblies, and flight
control cables, in accordance with the Accomplishment Instructions
of Dornier Service Bulletin SB-328J-27-176, Revision 1, dated April
15, 2003; or Dornier Service Bulletin SB-328-27-436, Revision 1,
dated April 15, 2003; as applicable.

Prior or Concurrent Requirements

(g) Prior to or concurrently with the accomplishment of the
actions in paragraph (f) of this AD, accomplish the actions in the
applicable service bulletins listed in Table 1 of this AD.

Table 1.--Prior or Concurrent Requirements
----------------------------------------------------------------------------------------------------------------
Dornier service
Model bulletin Revision Date Action
----------------------------------------------------------------------------------------------------------------
328-100........................ SB-328-27-290 1................. December 8, 2000. Relocate the auto-
pilot rudder
servo.
SB-328-27-291 1................. December 8, 2000. Relocate the auto-
pilot aileron
servo.
SB-328-27-292 1................. December 8, 2000. Relocate the auto-
pilot elevator
servo.

328-300........................ SB-328J-27-035 Original.......... April 25, 2000... Relocate the auto-
pilot rudder
servo.
SB-328J-27-036 Original.......... April 25, 2000... Relocate the auto-
pilot elevator
servo.
SB-328J-27-037 Original.......... April 25, 2000... Relocate the auto-
pilot aileron
servo.
----------------------------------------------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

(h) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.

Related Information

(i) German airworthiness directive 2003-376, dated November 11,
2003; and German airworthiness directive 2003-377, dated November
11, 2003; also address the subject of this AD.

Issued in Renton, Washington, on March 24, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-6773 Filed 4-5-05; 8:45 am]
BILLING CODE 4910-13-P

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