[Federal Register Volume 67, Number 178 (Friday, September 13, 2002)]
[Proposed Rules]
[Pages 57984-57986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23291]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-77-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 
electrical wire harness next to the fuel line at the left electric fuel 
pump for signs of chafing; securing the electrical wire harness to the 
fuel line using ty-rap; and taking corrective actions, if necessary. 
This action is necessary to prevent damage to the electrical wire 
harness, which could result in electrical arcing and an increased 
potential for fire or explosion. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by October 15, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-77-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. 2002-NM-77-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, PO 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,

[[Page 57985]]

International Branch, 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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 2002-NM-77-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. 2002-NM-77-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 the electrical wire harness from the left fuel pump could 
chafe against the adjacent fuel line. This condition, if not corrected, 
could cause damage to the electrical wire harness, which could result 
in electrical arcing and an increased potential for fire or explosion.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328-24-391, dated September 
11, 2001 (for Model 328-100 series airplanes); and Service Bulletin SB-
328J-24-120, dated September 12, 2001 (for Model 328-300 series 
airplanes). The service bulletins describe procedures for the following 
actions:
    [sbull] Doing a general visual inspection to detect chafing damage 
to the electrical wire harness, made up of wiring and a protective 
sleeve, next to the fuel line at the left electric fuel pump;
    [sbull] Securing the electrical wire harness to the fuel line using 
ty-rap;
    [sbull] Repairing any damaged protective sleeve, or replacing it 
with a new protective sleeve (for any damaged protective sleeve); and
    [sbull] Replacing any damaged electrical wire harness with a new 
electrical wire harness (for any damaged wiring).
    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 2002-049 and 2002-050, both dated March 7, 
2002, in order to assure the continued airworthiness of these airplanes 
in Germany.

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 applicable service bulletin described 
previously.

Cost Impact

    The FAA estimates that 100 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 inspection and securing of 
the electrical wire harness, and that the average labor rate is $60 per 
work hour. Based on these figures, the cost impact of the proposed AD 
on U.S. operators is estimated to be $6,000, 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.

[[Page 57986]]

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 2002-NM-77-AD.

    Applicability: Model 328-100 series airplanes, as listed in 
Dornier Service Bulletin SB-328-24-391, dated September 11, 2001; 
and Model 328-300 series airplanes, as listed in Dornier Service 
Bulletin SB-328J-24-120, dated September 12, 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 (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 damage to the electrical wire harness, made up of 
wiring and a protective sleeve, which could result in electrical 
arcing and an increased potential for fire or explosion, accomplish 
the following:

Inspection

    (a) Within 400 flight hours after the effective date of this AD, 
do a one-time general visual inspection to detect chafing damage to 
the electrical wire harness, made up of wiring and a protective 
sleeve, next to the fuel line at the left electric fuel pump; per 
Dornier Service Bulletin SB-328-24-391, dated September 11, 2001 
(for Model 328-100 series airplanes); or Service Bulletin SB-328J-
24-120, dated September 12, 2001 (for Model 328-300 series 
airplanes); as applicable.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

No Chafing: Secure the Electrical Wire Harness

    (b) If no chafing damage to the electrical wire harness, made up 
of wiring and a protective sleeve, is detected during the inspection 
required by paragraph (a) of this AD, before further flight, secure 
the electrical wire harness to the fuel line using ty-rap, per 
Dornier Service Bulletin SB-328-24-391, dated September 11, 2001 
(for Model 328-100 series airplanes); or Service Bulletin SB-328J-
24-120, dated September 12, 2001 (for Model 328-300 series 
airplanes); as applicable.

Chafing: Corrective Action(s) and Secure the Electrical Wire Harness

    (c) If any chafing damage to the electrical wire harness, made 
up of wiring and a protective sleeve, is detected during the 
inspection required by paragraph (a) of this AD, before further 
flight, do the action(s) specified in paragraphs (c)(1) and (c)(2) 
of this AD, as applicable, and paragraph (c)(3) of this AD, per 
Dornier Service Bulletin SB-328-24-391, dated September 11, 2001 
(for Model 328-100 series airplanes); or Service Bulletin SB-328J-
24-120, dated September 12, 2001 (for Model 328-300 series 
airplanes); as applicable.
    (1) For any damaged protective sleeve: Repair or replace the 
protective sleeve, per the applicable service bulletin.
    (2) For any damaged wiring: Replace the electrical wire harness, 
made up of wiring and a protective sleeve, with a new electrical 
wire harness, per the applicable service bulletin.
    (3) Secure the electrical wire harness, made up of wiring and a 
protective sleeve, to the fuel line using ty-rap, per the applicable 
service bulletin.

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.

    Note 4: The subject of this AD is addressed in German 
airworthiness directives 2002-049 and 2002-050, both dated March 7, 
2002.


    Issued in Renton, Washington, on September 5, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-23291 Filed 9-12-02; 8:45 am]
BILLING CODE 4910-13-P