[Federal Register Volume 66, Number 61 (Thursday, March 29, 2001)]
[Proposed Rules]
[Pages 17099-17101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7704]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-386-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Dornier Model 328-300 
series airplanes. This proposal would require replacement of the 
hydraulic line between the main hydraulic pump and the pulsation damper 
in hydraulic system ``B'' with a new hydraulic flex hose. This action 
is necessary to prevent cracking in the hydraulic line (due to a 
production defect), leading to heavy leakage in hydraulic system ``B,'' 
which could impair the functioning of the airplanes's flaps, roll 
spoilers, inner ground spoilers, and nose wheel steering. This action 
is intended to address the identified unsafe condition.

DATES: Comments must be received by April 30, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-386-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 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-386-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 the proposed rule 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.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 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

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.

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 proposed 
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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-386-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-386-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, notified the FAA that an unsafe condition may exist on 
certain

[[Page 17100]]

Dornier Model 328-300 series airplanes. The LBA advises that during 
production bending forces may have been applied to the hydraulic line 
between the main hydraulic pump and the pulsation damper in hydraulic 
system ``B.'' These forces could cause the hydraulic line to crack. 
This condition, if not corrected, could result in heavy leakage in 
hydraulic system ``B,'' which could impair the functioning of the 
airplane's flaps, roll spoilers, inner ground spoilers, and nose wheel 
steering.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328J-29-040, dated June 8, 
2000, which describes procedures for replacing the hydraulic line 
between the main hydraulic pump and the pulsation damper in hydraulic 
system ``B'' with a new hydraulic flex hose. Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition. The LBA classified this 
service bulletin as mandatory and issued German airworthiness directive 
2000-378, dated December 14, 2000, in order to assure 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 Proposed 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, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously.

Cost Impact

    The FAA estimates that 17 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed replacement, and that the 
average labor rate is $60 per work hour. There is no charge for 
required parts. Based on these figures, the cost impact of the proposed 
AD on U.S. operators is estimated to be $1,020, or $60 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed 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 proposed herein 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this 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) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Dornier Luftfahrt GmbH:  Docket 2000-NM-386-AD.

    Applicability: Model 328-300 series airplanes, serial numbers 
3105 to 3175 inclusive; 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 (b) 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 a crack in the hydraulic line, leading to heavy 
leakage in hydraulic system ``B,'' which could impair the 
functioning of the airplane's flaps, roll spoilers, inner ground 
spoilers, and nose wheel steering, accomplish the following:

Replacement

    (a) Within 45 days from the effective date of this AD: Remove 
the hydraulic hose having part number (P/N) 001D291A2050010 between 
the main pump 50DA and the pulsation damper, and replace it with a 
new hose having P/N 001D291A1102000, in accordance with Dornier 
Service Bulletin SB-328J-29-040, dated June 8, 2000.

Alternative Methods of Compliance

    (b) 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 2: 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 Permit0s

    (c) Special flight permits may be issued in accordance with 
Secs. 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.

    Note 3: The subject of this AD is addressed in German 
airworthiness directive 2000-378, dated December 14, 2000.



[[Page 17101]]


    Issued in Renton, Washington, on March 22, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-7704 Filed 3-28-01; 8:45 am]
BILLING CODE 4910-13-U