[Federal Register Volume 69, Number 218 (Friday, November 12, 2004)]
[Proposed Rules]
[Pages 65391-65393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25192]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19568; Directorate Identifier 2004-NM-112-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Dornier Model 328-300 series airplanes. This proposed AD 
would require repetitive inspections for discrepancies of the heat pack 
rotor assembly and rotor drive clips of the brake unit of the main 
landing gear (MLG), and replacing the assembly if any discrepancy is 
found. This proposed AD is prompted by reports of cracking and breakage 
of the heat pack rotor assemblies. We are proposing this AD to find and 
fix discrepancies of the heat pack rotor assembly of the brake unit of 
the MLG and consequent loss of braking capability, which could result 
in the airplane overrunning the runway during take-off or landing.

DATES: We must receive comments on this proposed AD by December 13, 
2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
AvCraft Aerospace GmbH, P.O. Box 1103, D-82230 Wessling, Germany.

[[Page 65392]]

    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT:
    Technical information: 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.
    Plain language information: Marcia Walters, [email protected].

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19568; 
Directorate Identifier 2004-NM-112-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, notified us that an unsafe condition may exist on certain 
Dornier Model 328-300 series airplanes. The LBA advises that operators 
have reported inspection findings of cracking and breakage of the heat 
pack rotor assemblies at the rotor drive clips of the brake unit of the 
main landing gear (MLG). The cause of these discrepancies is under 
investigation. These discrepancies, if not corrected, could result in 
the airplane overrunning the runway during take-off or landing.

Relevant Service Information

    Dornier has issued Service Bulletin 328J-32-169, dated November 20, 
2002; including Dunlop Aerospace Limited Service Bulletin AHA2227-32-
1292, Revision 1, dated July 19, 2002. The service bulletin describes 
procedures for repetitive detailed visual inspections/checks for 
discrepancies of the heat pack rotor assembly and rotor drive clips of 
the brake unit of the MLG, and replacement of the heat pack assembly 
with a new assembly if any discrepancy is found. The discrepancies 
include the following:
     Cracks or breakage of the heat pack rotor assembly.
     Rotors with clips that are loose or have missing rivets.
     Rotors with large pieces of carbon missing.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.
    The LBA mandated the service information and issued German 
airworthiness directive D-2004-003, dated January 8, 2004, to ensure 
the continued airworthiness of these airplanes in Germany.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined the LBAs findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Between 
the Proposed AD and Service Information.''

Differences Between the Proposed AD and Service Information

    Although the service bulletin specifies to return any unserviceable 
heat pack assemblies with unserviceable rotor assemblies to the parts 
manufacturer, this proposed AD would not include that requirement.
    Although the service bulletin recommends accomplishing the 
inspection/check of the heat pack rotor assemblies ``at every wheel 
removal and at every brake installation,'' we have determined that this 
imprecise compliance time would not address the identified unsafe 
condition in a timely manner. In developing an appropriate compliance 
time for this AD, we considered not only the manufacturer's 
recommendation, but the degree of urgency associated with addressing 
the subject unsafe condition, the average utilization of the affected 
fleet, and the time necessary to perform the inspection. In light of 
all of these factors, we find a compliance time of ``At the next brake 
installation or within 24 months after the effective date of this AD'' 
for completing the initial inspection, and at repetitive intervals 
``not to exceed the next brake installation or 24 months, whichever 
occurs first,'' to be warranted, in that those times represent precise 
times for

[[Page 65393]]

affected airplanes to continue to operate without compromising safety.
    These differences have been coordinated with the LBA.

Clarification of Inspection Terminology

    In this proposed AD, the ``detailed visual inspection/check'' 
specified in the service bulletin is referred to as a ``detailed 
inspection.'' We have included the definition for a detailed inspection 
in a note in the proposed AD.

Interim Action

    We consider this proposed AD interim action. If final action is 
later identified, we may consider further rulemaking then.

Costs of Compliance

    This proposed AD would affect about 49 airplanes of U.S. registry. 
The proposed inspection would take about 1 work hour per airplane, at 
an average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $3,185, or $65 
per airplane, per inspection cycle.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): Docket No. 
FAA-2004-19568; Directorate Identifier 2004-NM-112-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by December 13, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dornier Model 328-300 series airplanes; 
certificated in any category; equipped with a Dunlop brake unit 
having part number AHA2227-3 or -4.

Unsafe Condition

    (d) This AD was prompted by reports of cracking and breakage of 
the heat pack rotor assemblies. We are issuing this AD to find and 
fix discrepancies of the heat pack rotor assembly of the brake unit 
of the main landing gear (MLG) and consequent loss of braking 
capability, which could result in the airplane overrunning the 
runway during take-off or landing.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Repetitive Inspections/Replacement if Necessary

    (f) At the next brake installation or within 24 months after the 
effective date of this AD, whichever is first: Accomplish a detailed 
inspection for discrepancies of the heat pack rotor assembly and 
rotor drive clips of the brake unit of the MLG by doing all the 
actions specified in the Accomplishment Instructions of Dornier 
Service Bulletin 328J-32-169, dated November 20, 2002. If any 
discrepancy is found, before further flight, replace the heat pack 
rotor assembly with a new assembly in accordance with the service 
bulletin. Repeat the inspection thereafter at intervals not to 
exceed the next brake installation or 24 months, whichever is first.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (h) German airworthiness directive D-2004-003, dated January 8, 
2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on November 3, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-25192 Filed 11-10-04; 8:45 am]
BILLING CODE 4910-13-P