[Federal Register Volume 68, Number 135 (Tuesday, July 15, 2003)]
[Proposed Rules]
[Pages 41762-41764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17817]


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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: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Dornier Model 328-300 series 
airplanes, that would have required performing a check of the airplane 
maintenance records; inspecting the engine nacelle anti-ice tube for 
leaks, if necessary; and modifying the joint, if necessary. This new 
action revises the proposed rule by removing the requirement to perform 
a records check, which was intended to allow operators to determine 
whether the inspection would be required. The actions specified by this 
new proposed AD are intended 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 August 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 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.

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

[[Page 41763]]

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 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

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Dornier Model 328-300 series airplanes, was published as a 
notice of proposed rulemaking (NPRM) in the Federal Register on March 
12, 2003 (68 FR 11762). That NPRM (the ``original NPRM'') would have 
required performing a check of the airplane maintenance records; 
inspecting the engine nacelle anti-ice tube for leaks, if the records 
check indicated that an engine change had been accomplished or 
maintenance work had been carried out on the nacelle anti-ice system; 
and modifying the joint, if necessary. The original NPRM was prompted 
by a report of an in-flight engine shutdown during an airplane rollback 
due to a P3 air leak from a loose clamp on the anti-ice tubing joint. 
Such leakage of air, if not corrected, could result in an uncommanded 
engine shutdown in a critical phase of flight.

Actions Since Issuance of Original NPRM

    Since the issuance of the original NPRM, the FAA has determined 
that the proposed records check may be inadequate to identify airplanes 
subject to the identified unsafe condition. While it may be possible to 
determine some of the maintenance history from the maintenance records, 
a records check cannot definitively determine that certain maintenance 
work has not been carried out on a particular airplane. Therefore, the 
FAA has determined that paragraph (a) of the original NPRM must be 
revised to remove the proposed records check to determine whether 
certain maintenance had been done. In this supplemental NPRM, paragraph 
(a) has been removed, paragraph (b) has been revised accordingly, and 
subsequent paragraphs have been reidentified.

Conclusion

    Since this change expands the scope of the originally proposed 
rule, the FAA has determined that it is necessary to reopen the comment 
period to provide additional opportunity for public comment.

Changes to 14 CFR Part 39/Effect on This Supplemental NPRM

    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 AD system. This 
regulation now includes material that relates to altered products, 
special flight permits, and alternative methods of compliance. In this 
supplemental NPRM, the office authorized to approve AMOCs is identified 
in paragraph (c), and Note 1 and paragraph (e) of the original NPRM 
have been removed.

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 do the inspection, 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 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 (Formerly 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 41764]]

serial number DR0051, certificated in any category.
    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:

Inspection

    (a) 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 1: 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

    (b) If air leakage is found during the detailed inspection 
required by paragraph (a) 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

    (c) 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 2: The subject of this AD is addressed in German 
airworthiness directive 2001-296, dated October 18, 2001.


    Issued in Renton, Washington, on July 9, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-17817 Filed 7-14-03; 8:45 am]
BILLING CODE 4910-13-P