[Federal Register Volume 67, Number 160 (Monday, August 19, 2002)]
[Rules and Regulations]
[Pages 53731-53733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20707]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-318-AD; Amendment 39-12855; AD 2002-16-16]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 and -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 328-100 and -300 series airplanes, 
that requires 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 AD also requires 
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. The actions 
specified by this AD are intended 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: Effective September 23, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 23, 2002.

ADDRESSES: The service information referenced in this AD may be 
obtained from Fairchild Dornier, Dornier Luftfahrt GmbH, PO 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 the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Rodriquez; 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: 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 328-100 and 
-300 series airplanes was published in the Federal Register on April 
18, 2002 (67 FR 19132). That action proposed to require inspecting the 
identification plate on the fire extinguisher bottle in the auxiliary 
power unit (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. 
That action also proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal.

Explanation of Change to Final Rule

    Since the language in Note 3 of the proposed AD is regulatory in 
nature, that note has been redesignated as paragraph (b) of this final 
rule. Additionally, the new paragraph clarifies that the referenced 
service

[[Page 53732]]

bulletin affects Model 328-300 series airplanes.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule with the change described previously. 
The FAA has determined that this change will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Cost Impact

    The FAA estimates that 88 Model 328-100 and -300 series airplanes 
of U.S. registry will be affected by this AD, that it will take 
approximately 1 work hour per airplane to accomplish the required 
actions, and that the average labor rate is $60 per work hour. Required 
parts will be provided by the manufacturer at no cost to the operators. 
Based on these figures, the cost impact of the 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 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

    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:

2002-16-16  Dornier Luftfahrt GmbH: Amendment 39-12855. 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 (c) 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.

    (b) Accomplishment of the actions specified in Dornier Service 
Bulletin SB-328J-26-049, dated November 2, 2000 (for Model 328-300 
series airplanes), is acceptable for compliance with the actions 
required by paragraph (a) of this AD.

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, 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 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

    (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) Unless otherwise specified in this AD, the actions shall be 
done per Dornier Service Bulletin SB-328-26-342, dated November 2, 
2000; or Dornier Service Bulletin SB-328J-26-049, Revision 1, dated 
June 11, 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, PO 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

[[Page 53733]]

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

    Note 4: The subject of this AD is addressed in German 
airworthiness directives 2001-291 and 2001-292, both dated October 
18, 2001.

Effective Date

    (f) This amendment becomes effective on Sepetmber 23, 2002.

    Issued in Renton, Washington, on August 9, 2002.
Vi Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-20707 Filed 8-16-02; 8:45 am]
BILLING CODE 4910-13-P