[Federal Register Volume 67, Number 75 (Thursday, April 18, 2002)]
[Proposed Rules]
[Pages 19132-19134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9393]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 75 / Thursday, April 18, 2002 / 
Proposed Rules  

[[Page 19132]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-318-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 and -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 328-100 and 
-300 series airplanes. This proposal would require inspecting the 
identification plate on the fire extinguisher bottle of the auxiliary 
power unit (APU), and replacing the existing actuating cartridge of the 
fire extinguisher bottle with a correct actuating cartridge, if 
necessary. This proposal also would require removing the fire 
extinguisher bottle equipped with the actuating cartridge from the APU, 
and reinstalling the fire extinguisher bottle equipped with the correct 
actuating cartridge into the APU. This action is necessary to prevent 
failure of the actuating cartridge on the APU fire extinguisher, which 
could result in the inability to extinguish an APU fire in-flight, and 
consequent reduced structural integrity of the airplane. This action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by May 20, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-318-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. 2001-NM-318-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: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1137; 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 2001-NM-318-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. 2001-NM-318-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 Dornier Model 328-100 and -300 series airplanes. The LBA 
advises that there was a failure of the actuating cartridge on the fire 
extinguisher of the auxiliary power unit (APU). This failure is 
considered to be an isolated event. The cause is unknown. This 
condition, if not corrected, could result in the inability to 
extinguish an APU fire in-flight, and consequent reduced structural 
integrity of the airplane.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328-26-342, dated November 
2, 2000 (for Model 328-100 series airplanes), and Service Bulletin SB-
328J-26-049, Revision 1, dated June 11, 2001 (for Model 328-300 series 
airplanes). The service bulletins describe procedures for inspecting 
the identification plate on the fire extinguisher bottle in the APU to 
verify if the correct actuating cartridge has been installed, and 
replacing the existing actuating cartridge of the fire extinguisher 
bottle with the correct actuating cartridge, if necessary. The service 
bulletins also describe procedures for removing the fire extinguisher 
bottle equipped with the actuating cartridge from the APU, and

[[Page 19133]]

reinstalling the fire extinguisher bottle equipped with the correct 
actuating cartridge into the APU. Accomplishment of the actions 
specified in the service bulletins is intended to adequately address 
the identified unsafe condition. The LBA classified these service 
bulletins as mandatory and issued German airworthiness directives 2001-
291 and 2001-292, both dated October 18, 2001, in order to assure the 
continued airworthiness of these airplanes in Germany.
    Dornier Service Bulletin SB-328-26-342, dated November 2, 2000; and 
Dornier Service Bulletin SB-328J-26-049, Revision 1, dated June 11, 
2001; both reference Pacific Scientific Service Bulletin 33100016-26-1, 
dated November 15, 2000, as an additional source of service information 
for accomplishing the inspection and replacement.

FAA's Conclusions

    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. 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 Dornier service bulletins described 
previously.

Cost Impact

    The FAA estimates that 88 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 actions, and that the 
average labor rate is $60 per work hour. Required parts would be 
provided by the manufacturer at no cost to the operators. Based on 
these figures, the cost impact of the proposed AD on U.S. operators is 
estimated to be $5,280, 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 2001-NM-318-AD.

    Applicability: Model 328-100 series airplanes, as listed in 
Dornier Service Bulletin SB-328-26-342, dated November 2, 2000; and 
Model 328-300 series airplanes, as listed in Dornier Service 
Bulletin SB-328J-26-049, Revision 1, dated June 11, 2001; 
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 failure of the actuating cartridge on the auxiliary 
power unit (APU) fire extinguisher, which could result in the 
inability to extinguish an APU fire in-flight, and consequent 
reduced structural integrity of the airplane, accomplish the 
following:

Removal, Inspection, Corrective Actions, and Reinstallation

    (a) Within 45 days after the effective date of this AD, do the 
actions specified in paragraphs (a)(1), (a)(2), and (a)(3) of this 
AD, per Dornier Service Bulletin SB-328-26-342, dated November 2, 
2000 (for Model 328-100 series airplanes); or Dornier Service 
Bulletin SB-328J-26-049, Revision 1, dated June 11, 2001 (for Model 
328-300 series airplanes); as applicable.
    (1) Remove the fire extinguisher bottle equipped with the 
actuating cartridge from the APU.
    (2) Inspect the identification plate on the fire extinguisher 
bottle to verify if the correct actuating cartridge (part number (P/
N) 30903964) has been installed. If the correct actuating cartridge 
has not been installed, before further flight, replace the existing 
actuating cartridge with a correct actuating cartridge, P/N 
30903964, and vibra etch the identification plate to indicate the 
new P/N, per the service bulletin.
    (3) Reinstall the fire extinguisher bottle equipped with the 
correct actuating cartridge into the APU.

    Note 2: Dornier Service Bulletin SB-328-26-342, dated November 
2, 2000; and Dornier Service Bulletin SB-328J-26-049, Revision 1, 
dated June 11, 2001; both reference Pacific Scientific Service 
Bulletin 33100016-26-1, dated November 15, 2000, as an additional 
source of service information for accomplishing the inspection and 
replacement.


    Note 3: Accomplishment of the actions specified in Dornier 
Service Bulletin SB-328J-26-049, dated November 2, 2000, is 
acceptable for compliance with the actions required by paragraph (a) 
of this AD.


[[Page 19134]]



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, FAA, 
Transport Airplane Directorate. 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 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Manager, International Branch, ANM-116.

Special Flight Permits

    (c) 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.

    Note 5: The subject of this AD is addressed in German 
airworthiness directives 2001-291 and 2001-292, both dated October 
18, 2001.


    Issued in Renton, Washington, on April 11, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-9393 Filed 4-17-02; 8:45 am]
BILLING CODE 4910-13-P