[Federal Register Volume 66, Number 1 (Tuesday, January 2, 2001)]
[Rules and Regulations]
[Pages 5-7]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33337]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-349-AD; Amendment 39-12063; AD 2000-26-13]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all Dornier Model 328-300 series airplanes. This 
action requires inspections of all three hydraulic accumulators for 
signs of leaks, corrective actions if necessary, and eventual 
installation of an additional locking device to secure the nuts in the 
hydraulic accumulators, which will terminate the repetitive 
inspections. This action is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. This action is necessary to prevent possible loss of one or 
more of the hydraulic accumulators, which could result in a complete 
loss of the hydraulic system and consequent reduced controllability of 
the airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective January 17, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 17, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before February 1, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-349-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-349-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in this AD may be obtained from 
FAIRCHILD DORNIER, DORNIER Luftfahrt GmbH, P.O. Box 1103, D-82230 
Wessling, Germany. This information may be examined 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.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, 1601 
Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-
1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Luftfahrt-Bundesamt (LBA), which is the 
airworthiness authority for Germany, notified the FAA that an unsafe 
condition may exist on all Dornier Model 328-300 series airplanes. The 
LBA advised that it has received a total of four reports of hydraulic 
leaks, discovered during inspection or discovered because ``Hydraulic 
Low Quantity'' was indicated on the engine indication and crew alerting 
system (EICAS). Further investigation revealed loose nuts in the 
hydraulic accumulators. The cause of the loose nuts has not been 
determined. This condition, if not corrected, could result in possible 
loss of one or more of the hydraulic accumulators, which could then 
result in a complete loss of the hydraulic system and consequent 
reduced controllability of the airplane.

[[Page 6]]

Explanation of Relevant Service Information

    Dornier has issued Alert Service Bulletin ASB-328J-29-006, dated 
August 31, 2000, which describes procedures for repetitive detailed 
visual inspections to detect leakage in the area around the three 
hydraulic accumulators. The service bulletin also describes procedures 
for a modification, which involves installing an additional locking 
device to secure the nuts at all three hydraulic accumulators. The 
modification is recommended as corrective action for leakage, and would 
eliminate the need for repetitive inspections. The LBA classified this 
service bulletin as mandatory and issued German airworthiness directive 
2000-314, dated September 14, 2000, in order to ensure the continued 
airworthiness of these airplanes in Germany.

FAA's Conclusions

    This airplane model is manufactured in Germany and is 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. The FAA has examined the findings of the 
LBA, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this AD is being issued to prevent possible loss 
of one or more of the hydraulic accumulators, which could result in a 
complete loss of the hydraulic system and consequent reduced 
controllability of the airplane. This AD requires accomplishment of the 
actions specified in the previously described service bulletin.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-349-AD.'' The postcard will be date stamped 
and returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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

    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

    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. Section 39.13 is amended by adding the following new 
airworthiness directive:

2000-26-13 Dornier Luftfahrt GMBH: Amendment 39-12063. Docket 2000-
NM-349-AD.

    Applicability: All Model 328-300 series airplanes, certificated 
in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent possible loss of one or more of the hydraulic 
accumulators, which could result in a complete loss of the hydraulic 
system and consequent reduced

[[Page 7]]

controllability of the airplane, accomplish the following:

Inspections

    (a) Within 3 days after the effective date of this AD, perform a 
detailed visual inspection of the area around the three hydraulic 
accumulators for signs of leakage, in accordance with Dornier Alert 
Service Bulletin ASB-328J-29-006, dated August 31, 2000.

    Note 2: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirror, magnifying lenses, etc., may be used. Surface cleaning 
and elaborate access procedures may be required.''

    (1) If no leakage is found: Before further flight, retorque the 
affected nuts in accordance with the service bulletin and repeat the 
inspection at least every 5 days thereafter until the requirements 
of paragraph (b) of this AD have been accomplished.
    (2) If leakage is found: Before further flight, perform the 
modification as specified by paragraph (b) of this AD.

Terminating Modification

    (b) Except as required by paragraph (a)(2) of this AD, within 30 
days after the effective date of this AD, install an additional 
locking device to secure the nuts in all three hydraulic 
accumulators, in accordance with Dornier Alert Service Bulletin ASB-
328J-29-006, dated August 31, 2000. Accomplishment of this 
modification terminates the repetitive inspections required by 
paragraph (a) of this AD.

Spare Parts

    (c) As of the effective date of this AD, no person shall install 
a hydraulic accumulator tee fitting, part number NAS1764K040404, on 
any airplane.

Alternative Methods of Compliance

    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (f) The actions shall be done in accordance with Dornier Alert 
Service Bulletin ASB-328J-29-006, dated August 31, 2000. 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 FAIRCHILD DORNIER, DORNIER Luftfahrt 
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 4: The subject of this AD is addressed in German 
airworthiness directive 2000-314, dated September 14, 2000.

Effective Date

    (g) This amendment becomes effective on January 17, 2001.

    Issued in Renton, Washington, on December 22, 2000.
John J. Hickey,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-33337 Filed 12-29-00; 8:45 am]
BILLING CODE 4910-13-P