[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Proposed Rules]
[Pages 8881-8884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4257]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-156-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Dornier Model 328-
300 series airplanes, that currently requires repetitive inspections of 
motive flow check valves and adjacent parts for fuel leaks, and 
replacement of the valves if leaks are detected. This action would 
require new repetitive engine operational tests. This action would also 
require replacement of the motive flow check valves with new parts, 
which would constitute terminating action for the repetitive 
inspections and engine operational tests. The actions specified by the 
proposed AD are intended to prevent leakage of fuel from the motive 
flow check valves, which could result in fuel vapors coming into 
contact with fuel ignition sources and consequent fuel tank explosion 
and fire. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by March 29 2004.

[[Page 8882]]


ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-156-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-156-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 AvCraft Aerospace 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: Dan Rodina, Aerospace Engineer, 
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:
     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.
     For each issue, state what specific change to 
the proposed AD is being requested.
     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-156-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-156-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On April 23, 2001, the FAA issued AD 2001-09-04, amendment 39-12209 
(66 FR 21276, April 30, 2001), applicable to certain Dornier Model 328-
300 series airplanes, to require repetitive inspections of motive flow 
check valves and adjacent parts for fuel leaks, and replacement of the 
valves if leaks are detected. That action was prompted by reports of 
cracks on the motive flow check valves, which resulted in fuel leaks. 
The requirements of that AD are intended to prevent leakage of fuel 
from the motive flow check valves, which could result in fuel vapors 
coming into contact with fuel ignition sources.

Actions Since Issuance of Previous Rule

    The preamble to AD 2001-09-04 explains that we considered the 
requirements ``interim action'' until a final action was identified, at 
which time we may consider further rulemaking. The manufacturer has 
developed a final action, replacement of the motive flow check valves 
with new check valves, and we have determined that further rulemaking 
is necessary. This proposed AD follows from that determination.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328J-28-047, dated May 18, 
2001, which describes procedures for replacement of the existing check 
valve having part number (P/N) 106-0007-01 with a new check valve 
having P/N 106-0007-02. The Luftfahrt-Bundesamt (LBA), which is the 
airworthiness authority for Germany, classified this service bulletin 
as mandatory and issued German airworthiness directive 2001-058/2, 
dated June 27, 2002, to ensure 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 us informed of the 
situation described above. We have 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 AD

    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 supersede AD 2001-09-04 to 
continue to require repetitive inspections of motive flow check valves 
and adjacent parts for fuel leaks, and replacement of the valves if 
leaks are detected. The proposed AD also would require repetitive 
engine operational tests and eventual replacement of the motive flow 
check valves with new parts having a different part number. Replacement 
of the parts would constitute terminating action for the repetitive 
inspections. The actions would be required to be accomplished in 
accordance with the service bulletins described previously.

Clarification of Compliance Time

    The service bulletin and the German airworthiness directive 
recommend accomplishing the part replacement ``at the next suitable 
planned maintenance.'' Because maintenance schedules vary among 
operators, this proposed AD would require accomplishment of the part 
replacement within 12 months after the effective date of this AD.

Explanation of Repetitive Test Requirement

    This proposed AD includes a requirement for repetitive engine 
operational tests. The repetitive tests begin after a new motive flow 
fuel valve installed on the airplane has accumulated 800 flight cycles. 
This

[[Page 8883]]

requirement was inadvertently omitted from AD 2001-09-04.

Cost Impact

    There are approximately 28 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The repetitive inspections that are currently required by AD 2001-
09-04 take approximately 1 work hour per airplane to accomplish, at an 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of the currently required actions on U.S. operators is 
estimated to be $1,820, or $65 per airplane, per inspection cycle.
    The new actions that are proposed in this AD would take 
approximately 4 work hours per airplane to accomplish, at an average 
labor rate of $65 per work hour. Required parts would be provided by 
the manufacturer at no charge. Based on these figures, the cost impact 
of the proposed requirements of this AD on U.S. operators is estimated 
to be $7,280, or $260 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 removing amendment 39-12209 (66 FR 
21276, April 30, 2001), and by adding a new airworthiness directive 
(AD), to read as follows:

Fairchild Dornier GmbH (formerly Dornier Luftfahrt GmbH): Docket 
2002-NM-156-AD. Supersedes AD 2001-09-04, Amendment 39-12209.

    Applicability: Model 328-300 series airplanes, certificated in 
any category, equipped with a motive flow check valve having part 
number (P/N) 106-0007-01.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent leakage of fuel from the motive flow check valves, 
which could result in fuel vapors coming into contact with fuel 
ignition sources and consequent fuel tank explosion and fire, 
accomplish the following:

Restatement of Requirements of AD 2001-09-04

Initial Inspection

    (a) Prior to the accumulation of 800 total flight cycles on the 
motive flow check valve P/N 106-0007-01, or within 3 days after May 
15, 2001 (the effective date of AD 2001-09-04, amendment 39-12209), 
whichever occurs later: Perform a general visual inspection of the 
lower inboard leading edge/pylon area and the pylon drain tube to 
detect fuel droplets or fuel staining, in accordance with paragraph 
2.B of the Accomplishment Instructions of Dornier Alert Service 
Bulletin ASB 328J-28-007, dated September 20, 2000. If any fuel 
droplet or fuel staining is detected, prior to further flight, 
perform an additional inspection and operational test, in accordance 
with paragraphs 2.C and 2.D of the Accomplishment Instructions of 
Dornier Alert Service Bulletin ASB 328J-28-007, dated September 20, 
2000.

    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 under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light, 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.''

Repetitive Inspections

    (b) Within 15 days or 60 flight hours after May 15, 2001, 
whichever occurs first: Perform a general visual inspection of the 
motive flow check valve to detect fuel leaks, in accordance with 
paragraph 2.C of the Accomplishment Instructions of Dornier Alert 
Service Bulletin ASB 328J-28-007, dated September 20, 2000.
    (1) If no fuel leak is detected, repeat the general visual 
inspection of the motive flow check valve at least every 15 days or 
60 flight hours, whichever occurs first, until paragraph (b)(2) or 
paragraph (e) of this AD is accomplished.
    (2) If any fuel leak is detected, prior to further flight, 
replace the motive flow fuel valve with a new valve, in accordance 
with the alert service bulletin. After the new valve has accumulated 
800 flight cycles, do the general visual inspection of the valve 
required by paragraph (b) of this AD, including the repetitive 
inspection, at least every 15 days or 60 flight hours, whichever 
occurs first, until paragraph (e) of this AD is accomplished.
    (c) Within 400 flight hours after May 15, 2001: Perform an 
engine operational test and a general visual inspection of the 
motive flow check valve to detect a fuel leak, in accordance with 
paragraphs 2.C and 2.D of the Accomplishment Instructions of Dornier 
Alert Service Bulletin ASB 328J-28-007, dated September 20, 2000.
    (1) If no fuel leak is detected, repeat the engine operational 
test and the general visual inspection of the motive flow check 
valve at least every 400 flight hours, until paragraph (c)(2) or 
paragraph (e) of this AD is accomplished.
    (2) If any fuel leak is detected, prior to further flight, 
replace the motive flow fuel valve with a new valve, in accordance 
with the alert service bulletin. After the new valve has accumulated 
800 flight cycles, do the general visual inspection of the valve 
required by paragraph (c) of this AD, including the repetitive 
inspections, at least every 400 flight hours.

New Requirements of This AD

Repetitive Tests

    (d) If any motive flow fuel valve is replaced per the 
requirements of paragraph (c)(2) of this AD: At the later of the 
times specified in paragraphs (d)(1) and (d)(2) of this AD, do the 
engine operational test required by paragraph (c) of this AD. 
Thereafter, repeat the engine operational test at intervals not to 
exceed 400 flight hours, until paragraph (e) of this AD is 
accomplished.
    (1) Within 800 flight cycles after the replacement of any motive 
flow fuel valve.
    (2) Within 30 days or 90 flight hours after the effective date 
of this AD, whichever is first.

[[Page 8884]]

Terminating Action for Repetitive Inspections and Tests

    (e) Within 12 months after the effective date of this AD: Remove 
any motive flow check valve having P/N 106-0007-01 and replace it 
with a motive flow check valve having P/N 106-0007-02 in accordance 
with the Accomplishment Instructions of Dornier Service Bulletin SB-
328J-28-047, dated May 18, 2001. Accomplishment of the replacement 
is terminating action for the repetitive inspections and engine 
operational tests required by paragraphs (b), (c) and (d) of this 
AD.

Parts Installation

    (f) As of the effective date of this AD, no person may install a 
motive flow check valve, P/N 106-0007-01, on any airplane.

Alternative Methods of Compliance

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

    Note 2: The subject of this AD is addressed in German 
airworthiness directive 2001-058/2, dated June 27, 2002.


    Issued in Renton, Washington, on February 20, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4257 Filed 2-25-04; 8:45 am]
BILLING CODE 4910-13-P