[Federal Register Volume 67, Number 20 (Wednesday, January 30, 2002)]
[Rules and Regulations]
[Pages 4338-4340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1821]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-07-AD; Amendment 39-12611; AD 2002-01-17]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 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 328-100 series airplanes. This 
action requires revising the Airplane Flight Manual to provide the 
flight crew with the appropriate procedures necessary to verify correct 
operation of the primary alternating current (AC) pump of the main 
hydraulic system before takeoff. This action is necessary to prevent 
takeoff with an inoperative pump, which could result in an extended 
takeoff roll or a rejected takeoff, and consequent runway overrun, 
structural damage to the airplane, and possible injury to occupants. 
This action is intended to address the identified unsafe condition.

DATES: Effective February 14, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 14, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before March 1, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-07-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 the Internet must contain 
``Docket No. 2002-NM-07-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or 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: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1503; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Luftfahrt-Bundesamt (LBA), which is the 
airworthiness authority for Germany, recently notified the FAA that an 
unsafe condition may exist on all Dornier Model 328-100 series 
airplanes. The LBA advises that an operator reported that during flight 
there was an advisory message on the Crew Alerting System showing ``HYD 
MAIN PMP INOP.'' The ``HYD PWR MAIN'' button was in the on position, 
but illuminated ``OFF.'' Investigation revealed that a

[[Page 4339]]

circuit breaker had popped and the alternating current (AC) main pump 
motor had failed. Subsequent testing revealed that it was possible to 
have an inoperative AC hydraulic pump without pre-flight indication to 
the pilot. The AC pump provides hydraulic power to the brakes, ground 
spoiler, anti-skid control box, and nose wheel steering. Takeoff with 
an inoperative pump could result in an extended takeoff roll or a 
rejected takeoff, and consequent runway overrun, structural damage to 
the airplane, and possible injury to occupants.

Service Information

    The manufacturer has issued Dornier 328 All Operators Telefaxes 
(AOT) AOT-328-29-018 and AOT-328-29-019, both dated September 20, 2001, 
which describe procedures for revising the Normal Procedures section of 
the Airplane Flight Manual (AFM) to provide the flight crew with the 
appropriate procedures necessary to verify correct operation of the 
primary AC pump of the main hydraulic system before takeoff.
    The LBA classified the AOTs as mandatory and issued German 
airworthiness directive 2001-358, dated December 13, 2001, 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 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 takeoff with 
an inoperative primary AC pump of the main hydraulic system, which 
could result in an extended takeoff roll or a rejected takeoff, and 
consequent runway overrun, structural damage to the airplane, and 
possible injury to occupants. This AD requires revising the Normal 
Procedures section of the FAA-approved AFM to provide the flight crew 
with the appropriate procedures necessary to verify correct operation 
of the pump before takeoff.

Difference Between This AD and German Airworthiness Directive

    The German airworthiness directive mandates doing the AFM revision 
before the next flight of the airplane. This AD allows operators 10 
days to complete the required AFM revision. The FAA recognizes the 
severity of the unsafe condition presented by this situation, but finds 
a 10-day compliance time appropriate in consideration of the safety 
implications, the average utilization of the fleet, and the practical 
aspects of planning and scheduling accomplishment of the required AFM 
revision. We have considered all these factors and have determined that 
this compliance time will not adversely affect the continued 
operational safety of the fleet.

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 2002-NM-07-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:

[[Page 4340]]

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:

2002-01-17  Dornier Luftfahrt GMBH: Amendment 39-12611. Docket 2002-
NM-07-AD.

    Applicability: All Model 328-100 series airplanes, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent takeoff with an inoperative primary AC pump of the 
main hydraulic system, which could result in an extended takeoff 
roll or a rejected takeoff, and consequent runway overrun, 
structural damage to the airplane, and possible injury to occupants; 
accomplish the following:

Airplane Flight Manual (AFM) Revision

    (a) Within 10 days after the effective date of this AD: Revise 
the Normal Procedures Section of the Dornier 328 FAA-approved AFM to 
incorporate the procedures specified in Dornier 328 All Operators 
Telefax (AOT) AOT-328-29-018, or AOT-328-29-019, both dated 
September 20, 2001, as applicable, by inserting a copy of the AOT 
into the AFM.
    (b) When the procedures in the applicable AOT specified in 
paragraph (a) of this AD have been incorporated into the FAA-
approved general revisions of the AFM, the general revisions may be 
incorporated into the AFM, and the AOT may be removed from the AFM.

Alternative Methods of Compliance

    (c) 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 1: 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

    (d) 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

    (e) The AFM revision required by paragraph (a) of this AD shall 
be done in accordance with Dornier 328 All Operators Telefax AOT-
328-29-018, dated September 20, 2001; or Dornier 328 All Operators 
Telefax AOT-328-29-019, dated September 20, 2001; 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 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 2: The subject of this AD is addressed in German 
airworthiness directive 2001-358, dated December 13, 2001.

Effective Date

    (f) This amendment becomes effective on February 14, 2002.

    Issued in Renton, Washington, on January 17, 2002.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-1821 Filed 1-29-02; 8:45 am]
BILLING CODE 4910-13-U