[Federal Register Volume 70, Number 48 (Monday, March 14, 2005)]
[Rules and Regulations]
[Pages 12406-12408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4413]


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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; 
Amendment 39-14000; AD 2005-05-11]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Dornier Model 328-300 series airplanes. This AD requires 
performing 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 AD is 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 
MLG and consequent loss of braking capability, which could result in 
the airplane overrunning the runway during take-off or landing.

DATES: This AD becomes effective April 18, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of April 
18, 2005.

ADDRESSES: For service information identified in this AD, contact 
AvCraft Aerospace GmbH, P.O. Box 1103, D-82230 Wessling, Germany.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the 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. This 
docket number is FAA-2004-19568; the directorate identifier for this 
docket is 2004-NM-112-AD.

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: The FAA proposed to amend 14 CFR part 39 
with an AD for certain Dornier Model 328-300 series airplanes. That 
action,

[[Page 12407]]

published in the Federal Register on November 12, 2004 (69 FR 65391), 
proposed to require performing 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.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Request To Remove Certain Requirements

    Two commenters advise that the actions specified in the proposed AD 
are already being done each time the MLG wheel is changed, as specified 
by job instruction card (JIC) 32-41-10-420-801-A01 for installing MLG 
wheels. According to the commenters, that JIC gives specific 
instructions for inspecting the brake rotor clips and fasteners and 
examining the rotors for splinters and cracks in the area of the clips. 
The commenters assert that the proposed AD would merely increase the 
burden of demonstrating AD compliance at every wheel change, creating 
more paper work without increasing the safety or reliability of the 
aircraft.
    We infer that the commenters find the proposed AD unnecessary and 
request its withdraws. We do not agree. JIC procedures may vary from 
operator to operator, and operators are not required to comply with the 
actions specified in JICs. Therefore, AD action is necessary to ensure 
the safety of the fleet. therefore, we have not changed the final rule 
regarding this issue.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    This AD affects about 49 airplanes of U.S. registry. The inspection 
will 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 AD 
for U.S. operators is $3,185, or $65 per airplane, per inspection 
cycle.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. this regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-05-11 Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): 
Amendment 39-14000. Docket No. FAA-2004-19568; Directorate 
Identifier 2004-NM-112-AD.

Effective Date

    (a) This AD becomes effective April 18, 2005.

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, which 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 SB-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 in intervals not to 
exceed the next brake installation or 24 months, whichever is first.

    Note 1: Dorner Service Bulletin SB-328J-32-169 refers to Dunlap 
Aviation Service Bulletin AHA2227-32-1292, Revision 1, dated July 
19, 2002, as an additional source of service information.


    Note 2: For the purpose 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.''


[[Page 12408]]



Alternative Methods of Compliance (AMOCs)

    (g) The Manager, International Branch, ANM-16, 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.

Material Incorporated by Reference

    (i) You must use Dorner Service Bulletin SB-328J-32-169, 
including the Price/Material Information Sheet, dated November 20, 
2002, to perform the actions that are required by this AD, unless 
the AD specifies otherwise. The Director of the Federal Register 
approves the incorporation by reference of these documents in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of the 
service information, contact AvCraft Aerospace GmbH, P.O. Box 1103, 
D-82230 Wessling, Germany. For information on the availability of 
this material at the National Archives and Records Administration 
(NARA), call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    You may view the AD docket at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-
401, Nassif Building, Washngton, DC.

    Issued in Renton, Washington, on February 28, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-4413 Filed 3-11-05; 8:45 am]
BILLING CODE 4910-13-M