[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Proposed Rules]
[Pages 40831-40834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17314]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-60-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 inspection of the 
nose landing gear (NLG) and main landing gear (MLG) to ensure that 
certain bolts are in place; repetitive inspections of the bolts and 
bolt areas for evidence of corrosion; and corrective action, if 
necessary. This action is necessary to prevent failure of the NLG or 
MLG due to corroded or missing bolts, which could cause loss of 
connection pins, and consequent collapse of the landing gear during 
ground maneuvers or upon landing. This action is intended to address 
the identified unsafe condition.

DATES: Comments must be received by August 8, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-60-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. 2002-NM-60-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 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Fairchild Dornier 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.

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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:

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-60-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-60-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 operators have reported severely corroded bolts on the 
landing gear, including actuator bolts on the main landing gear (MLG). 
In another case, an inspection revealed that a brace assembly bolt on 
the nose landing gear (NLG) was missing. Corrosion of the bolts may 
lead to bolt failure, which may lead to loss of one or more of the 
bolts in the landing gear assemblies. The bolts secure connection pins; 
with the bolts missing or failed, the connection pins will migrate due 
to vibration and eventually fall out. This condition, if not corrected, 
could result in failure of the NLG or MLG due to corroded or missing 
bolts, which could cause loss of connection pins, and consequent 
collapse of the landing gear during ground maneuvers or upon landing.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletins SB-328-32-414 (for Model 328-
100 series airplanes) and SB-328J-32-147 (for Model 328-300 series 
airplanes), both dated December 3, 2001, which describe procedures for 
inspecting the NLG and MLG to ensure that certain bolts are in place, 
and replacing any bolts that are missing or out of place, with bolts 
having the same part number. The service bulletins also describe 
procedures for removing the nuts, bolts, and washers of the NLG and 
MLG, and inspecting for evidence of corrosion; replacing the bolt with 
a part having the same part number; and applying corrosion prevention 
compound to the bolt shaft. 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 2002-014/2 (for 
Model 328-100 series airplanes) and 2002-015/2 (for Model 328-300 
series airplanes), both dated March 7, 2002, to ensure 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 these type designs 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 service bulletins described previously, 
except as discussed below.

Differences Between Proposed Rule, German Airworthiness Directives, and 
Relevant Service Bulletins

    Operators should note that, although the German airworthiness 
directives and the referenced service bulletins specify inspecting for 
bolt placement prior to the next flight for airplanes ``with more than 
4,000 flight hours or 24 months since new,'' this proposed AD would 
require that inspection to be done at the later of these times: (1) 
Within 4,000 total flight hours, or within 24 months since the date of 
issuance of the original Airworthiness Certificate, or within 24 months 
since the date of issuance of the Export Certificate of Airworthiness, 
whichever occurs first; or (2) within 6 days after the effective date 
of the AD.
    Operators should also note that, although the German airworthiness 
directives and the referenced service bulletins specify inspecting for 
corrosion on bolts at the next ``A-check,'' this proposed AD would 
require that inspection to be done within 400 flight hours or 6 months 
after accomplishing the inspection for bolt placement.
    Operators should also note that, although the German airworthiness 
directives require the removal, inspections, and replacement of 
corroded bolts and washers with new bolts and washers of the same part 
number to be one-time actions, this proposed AD would require that 
those actions be repeated at intervals not to exceed 4,000 flight hours 
or 24 months, whichever occurs first.

Changes to 14 CFR Part 39/Effect on the Proposed AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. Because we have now

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included this material in part 39, only the office authorized to 
approve AMOCs is identified in each individual AD.

Cost Impact

    The FAA estimates that 53 Model 328-100 series airplanes and 39 
Model 328-300 series 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 for bolt placement, and 
that the average labor rate is $60 per work hour. Based on these 
figures, the cost impact on U.S. operators for the proposed inspection 
for bolt placement is estimated to be $5,520, or $60 per airplane.
    The FAA estimates that it would take approximately 5 work hours per 
airplane to accomplish the proposed inspection for corrosion, and that 
the average labor rate is $60 per work hour. Based on these figures, 
the cost impact on U.S. operators for the proposed inspection for 
corrosion is estimated to be $27,600, or $300 per airplane.
    The cost impact figures discussed above are 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 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:

Fairchild Dornier GMBH: Docket 2002-NM-60-AD.

    Applicability: Model 328-100 series airplanes having serial 
numbers 3005 through 3119 inclusive, and Model 328-300 series 
airplanes having serial numbers 3105 through 3200 inclusive; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the nose landing gear (NLG) or main 
landing gear (MLG) due to corroded or missing bolts, which could 
cause loss of connection pins, and consequent collapse of the 
landing gear during ground maneuvers or upon landing, accomplish the 
following:

Service Bulletin Reference

    (a) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For Model 328-100 series airplanes: Dornier Service Bulletin 
SB-328-32-414, dated December 3, 2001.
    (2) For Model 328-300 series airplanes: Dornier Service Bulletin 
SB-328J-32-147, dated December 3, 2001.

Inspection of Bolt Placement

    (b) Perform a one-time general visual inspection of the NLG and 
MLG to ensure that the bolts are in place, per paragraph 2.B1) of 
the applicable service bulletin. Do the inspection at the later of 
the times specified in paragraphs (b)(1) and (b)(2) of this AD. If 
all bolts are in place, no further action is required by this 
paragraph.

    Note 1: 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.''

    (1) Within 4,000 total flight hours, or within 24 months since 
the date of issuance of the original Airworthiness Certificate, or 
within 24 months since the date of issuance of the Export 
Certificate of Airworthiness, whichever occurs first.
    (2) Within 6 days after the effective date of this AD.

Corrective Action

    (c) During the inspection required by paragraph (b) of this AD, 
if any bolt is missing or is not in position: Prior to further 
flight, replace the bolt with a bolt having the same part number, 
per the applicable service bulletin.

Inspections for Corrosion

    (d) Within 400 flight hours or 6 months after accomplishing the 
inspection required by paragraph (b) of this AD, whichever occurs 
first: Remove the nuts, bolts, and washers of the NLG and MLG, and 
perform a detailed inspection for evidence of corrosion. Do the 
inspection per the applicable service bulletin. Repeat the 
inspection thereafter at intervals not to exceed 4,000 flight hours 
or 24 months, whichever occurs first.

    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.''

    (1) If no evidence of corrosion is found on any part, or if a 
new bolt is installed: Prior to further flight, apply corrosion 
prevention compound to the bolt shaft and install the bolt, per the 
applicable service bulletin.
    (2) If any evidence of corrosion is found: Prior to further 
flight, replace the bolt with a part having the same part number and 
apply corrosion prevention compound to the bolt shaft and install 
the bolt, per the applicable service bulletin.

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, is authorized to approve alternative methods 
of compliance for this AD.

    Note 3: The subject of this AD is addressed in German 
airworthiness directives 2002-014/2 and 2002-015/2, both dated March 
7, 2002.



[[Page 40834]]


    Issued in Renton, Washington, on July 1, 2003.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-17314 Filed 7-8-03; 8:45 am]
BILLING CODE 4910-13-U