[Federal Register Volume 69, Number 80 (Monday, April 26, 2004)]
[Rules and Regulations]
[Pages 22388-22389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9108]



[[Page 22388]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-156-AD; Amendment 39-13588; AD 2004-08-18]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes 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 amendment requires new repetitive engine 
operational tests. This amendment also requires 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 this 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: Effective June 1, 2004.
    The incorporation by reference of a certain publication listed in 
the regulations is approved by the Director of the Federal Register as 
of June 1, 2004.
    The incorporation by reference of a certain other publication 
listed in the regulations was approved previously by the Director of 
the Federal Register as of May 15, 2001 (66 FR 21276, April 30, 2001).

ADDRESSES: The service information referenced in this AD may be 
obtained from AvCraft Aerospace GmbH, PO Box 1103, D-82230 Wessling, 
Germany. This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
1601 Lind Avenue, SW., Renton, Washington; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 2001-09-04, 
amendment 39-12209 (66 FR 21276, April 30, 2001), which is applicable 
to certain Dornier Model 328-300 series airplanes, was published in the 
Federal Register on February 26, 2004 (69 FR 8881). The action proposed 
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 action also proposed new repetitive engine 
operational tests, and replacement of the motive flow check valves with 
new parts, which would constitute terminating action for the repetitive 
inspections and engine operational tests.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    We have determined that air safety and the public interest require 
the adoption of the rule as proposed.

Cost Impact

    There are approximately 28 airplanes of U.S. registry that will be 
affected by this 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 required 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 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 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 adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
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), amendment 39-13588, to read as follows:

2004-08-18 Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): 
Amendment 39-13588. Docket 2002-NM-156-AD. Supersedes AD 2001-09-04, 
Amendment 39-12209.


[[Page 22389]]


    Applicability: 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.

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.

Incorporation by Reference

    (h) The actions shall be done in accordance with Dornier Alert 
Service Bulletin ASB 328J-28-007, dated September 20, 2000; and 
Dornier Service Bulletin SB-328J-28-047, dated May 18, 2001; as 
applicable.
    (1) The incorporation by reference of Dornier Service Bulletin 
SB-328J-28-047, dated May 18, 2001, is approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) The incorporation by reference of Dornier Alert Service 
Bulletin ASB 328J-28-007, dated September 20, 2000, was approved 
previously by the Director of the Federal Register as of May 15, 
2001 (66 FR 21276, April 30, 2001).
    (3) Copies may be obtained from AvCraft Aerospace GmbH, PO Box 
1103, D-82230 Wessling, Germany. Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

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

Effective Date

    (i) This amendment becomes effective on June 1, 2004.

    Issued in Renton, Washington, on April 15, 2004.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-9108 Filed 4-23-04; 8:45 am]
BILLING CODE 4910-13-P