[Federal Register Volume 68, Number 48 (Wednesday, March 12, 2003)]
[Proposed Rules]
[Pages 11762-11764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5858]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-319-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 Series Airplanes 
Equipped with Certain Pratt & Whitney PW306B Engine Nacelles

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 performing a check of the 
airplane maintenance records; inspecting the engine nacelle anti-ice 
tube for leaks, if necessary; and modifying, if necessary. This action 
is necessary to prevent an uncommanded engine shutdown in a critical 
phase of flight due to leakage of air from a loose clamp on the anti-
ice tubing joint. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by April 11, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-319-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. 2001-NM-319-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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; 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.

[[Page 11763]]

    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-319-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-319-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 328-300 series airplanes equipped with certain 
Pratt & Whitney PW306B engine nacelles. The LBA advises that an engine 
flamed out and an in-flight engine shutdown occurred during an airplane 
rollback event. The event was caused by a P3 air leak from a loose 
clamp on the anti-ice tubing joint; the leak allowed air to blow 
directly on the P3 transducer. This leak resulted in a corrupt P3 
signal, which, in turn, caused the Full Authority Digital Engine 
Control (FADEC) to ramp down fuel flow, resulting in engine shutdown. 
Such leakage of air, if not corrected, could result in an uncommanded 
engine shutdown in a critical phase of flight.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328J-71-107, Revision 1, 
dated July 4, 2001. The service bulletin describes procedures for 
performing a visual inspection of the anti-ice tubing in the engine 
nacelle at the joint between the anti-ice tubing adapter and duct, and 
also between the joint of the anti-ice shutoff valve and the same duct, 
to detect any air leakage at the joints. For airplanes on which leakage 
is found, the service bulletin describes procedures for modifying the 
clamps at the joints. The modification involves inspecting the flange 
faces for distortion and flatness; ensuring that the clamp bolt faces 
away from the P3 transducer; ensuring that the opening of the clamp 
faces away from the fan casing; and replacing certain ducts, if 
necessary. The service bulletin refers to Dornier Service Information 
SI-328J-75-033, dated July 31, 2001, as an additional source of service 
information for accomplishing the modification on certain airplanes.
    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 2001-296, dated October 18, 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 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 performing a check 
of the airplane maintenance records, and accomplishment of the actions 
specified in the service bulletin described previously if necessary.

Clarification of Inspection Type

    Operators should note that, although the Accomplishment 
Instructions of Dornier Service Bulletin SB-328J-71-107, Revision 1, 
dated July 4, 2001, calls for a visual inspection, the proposed AD 
would require a detailed inspection per Note 2 of the proposal.

Cost Impact

    The FAA estimates that 48 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 records check, 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 
$2,880, 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-319-AD.

    Applicability: Model 328-300 series airplanes equipped with 
Pratt & Whitney PW306B engine nacelles, from engine nacelle serial 
number DR0001 up to and including

[[Page 11764]]

serial number DR0051, 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 an uncommanded engine shutdown in a critical phase of 
flight due to leakage of air from a loose clamp on the anti-ice 
tubing joint, accomplish the following:

Records Check

    (a) Within 45 days after the effective date of this AD, perform 
a check of the airplane maintenance records to determine if the 
airplane has had an engine change or if maintenance work has been 
carried out on the nacelle anti-ice system prior to the effective 
date of this AD. If records verify that the airplane has not had an 
engine change, or that no maintenance work has been carried out on 
the nacelle anti-ice system, no further action is required by this 
AD.

Inspection

    (b) For airplanes on which an engine change has been 
accomplished or on which maintenance work has been carried out on 
the nacelle anti-ice system prior to the effective date of this AD: 
Within 45 days after the effective date of this AD, perform a 
detailed inspection of the anti-ice tubing in the engine nacelle at 
the joint between the anti-ice tubing adapter and duct, and also 
between the joint of the anti-ice shutoff valve and the same duct, 
to detect any air leakage at the joints, as specified in the 
Accomplishment Instructions of Dornier Service Bulletin SB-328J-71-
107, Revision 1, dated July 4, 2001. If no leakage is detected, no 
further action is required by this AD.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Modification

    (c) If air leakage is found during the detailed inspection 
required by paragraph (b) of this AD, before further flight, modify 
the joint by doing the applicable actions specified in the 
Accomplishment Instructions of Dornier Service Bulletin SB-328J-71-
107, Revision 1, dated July 4, 2001.

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.

 1Special 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 directive 2001-296, dated October 18, 2001.


    Issued in Renton, Washington, on March 5, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-5858 Filed 3-11-03; 8:45 am]
BILLING CODE 4910-13-P