[Federal Register Volume 69, Number 28 (Wednesday, February 11, 2004)]
[Rules and Regulations]
[Pages 6534-6535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2579]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-267-AD; Amendment 39-13460; AD 2004-03-16]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Dornier Model 328-300 series airplanes, that 
requires replacement of 3-switch and 4-switch overhead fire 
extinguisher control panels with new, improved panels. This action is 
necessary to prevent the inadvertent release of the fire switch 
pushbutton on the overhead fire extinguisher control panel with the 
switch guard closed, which could result in an uncommanded engine 
shutdown. This action is intended to address the identified unsafe 
condition.

DATES: Effective March 17, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 17, 2004.

ADDRESSES: The service information referenced in this AD may be 
obtained from AvCraft Aerospace GmbH, P.O. Box 1103, D-82230 Wessling, 
Germany. This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
1601 Lind Avenue, SW., Renton, Washington; or at the Office of

[[Page 6535]]

the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Dornier Model 328-300 
series airplanes was published in the Federal Register on November 17, 
2003 (68 FR 64822). That action proposed to require replacement of 3-
switch and 4-switch overhead fire extinguisher control panels with new, 
improved panels.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the one comment received.
    The commenter supports the proposed rule.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 19 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the replacement of the overhead fire 
extinguisher control panel, and that the average labor rate is $65 per 
work hour. Required parts will be provided by the parts manufacturer at 
no cost to operators. Based on these figures, the cost impact of the AD 
on U.S. operators is estimated to be $1,235, or $65 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this 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 adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-03-16 Fairchild Dornier Gmbh (Formerly Dornier Luftfahrt GmbH): 
Amendment 39-13460. Docket 2002-NM-267-AD.

    Applicability: Model 328-300 series airplanes as listed in 
Dornier Service Bulletins SB-328J-26-156 and SB-328J-26-161, both 
dated February 26, 2002; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the inadvertent release of the fire switch pushbutton 
on the overhead fire extinguisher control panel with the switch 
guard closed, which could result in an uncommanded engine shutdown, 
accomplish the following:

Replacement of Overhead Fire Extinguisher Control Panel and Follow-on 
Actions

    (a) Within 16 months after the effective date of this AD: 
Replace the overhead fire extinguisher control panels with new, 
improved fire extinguisher control panels, by accomplishing all of 
the actions specified in Paragraphs 2.A, 2.B(1) through (4) 
inclusive, and 2.C, of the Accomplishment Instructions of Dornier 
Service Bulletin SB-328J-26-156 or SB-328J-26-161, both dated 
February 26, 2002; as applicable.

    Note 1: Dornier Service Bulletins SB-328J-26-156 and SB-328J-26-
161 refer to Smiths Aerospace Service Bulletins 371-01 and 370-01, 
respectively, both dated February 20, 2002, as additional sources of 
service information for accomplishment of the required actions.

Parts Installation

    (b) As of the effective date of this AD, no person may install 
fire extinguisher control panels manufactured by Smiths Aerospace 
having part numbers 715740-1 or 715355-1 on any airplane.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized 
to approve alternative methods of compliance for this AD.

Incorporation by Reference

    (d) The actions shall be done in accordance with Dornier Service 
Bulletin SB-328J-26-156, dated February 26, 2002; or Dornier Service 
Bulletin SB-328J-26-161, dated February 26, 2002; as applicable. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from AvCraft Aerospace GmbH, P.O. Box 
1103, D-82230 Wessling, Germany. Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

    Note 2: The subject of this AD is addressed in German 
airworthiness directives 2002-251, dated September 5, 2002; and 
2002-335, dated October 17, 2002.

Effective Date

    (e) This amendment becomes effective on March 17, 2004.

    Issued in Renton, Washington, on January 29, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-2579 Filed 2-10-04; 8:45 am]
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