[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Proposed Rules]
[Pages 65864-65866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21697]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / 
Proposed Rules  

[[Page 65864]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22813; Directorate Identifier 2002-NM-117-AD]
RIN 2120-AA64


Airworthiness Directives; AvCraft Dornier Model 328-100 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to revise an existing airworthiness directive 
(AD) that applies to all AvCraft Dornier Model 328-100 airplanes. The 
existing AD currently requires revising the Airplane Flight Manual 
(AFM) to provide the flightcrew with additional information regarding 
procedures to ensure complete pressurization of the hydraulic lines for 
the flaps. The existing AD also requires, for certain airplanes, 
modification of the flap actuators of the flight controls. This 
proposed AD would allow the removal of the AFM revisions after 
modifying the flap actuators of the flight controls. This proposed AD 
results from the determination that the AFM revisions are not necessary 
after modifying the flap actuators of the flight controls. We are 
proposing this AD to prevent an uncommanded retraction of the flaps 
during takeoff, which could result in an aborted takeoff and consequent 
potential for runway overrun.

DATES: We must receive comments on this proposed AD by December 1, 
2005.

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.
     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.
    Contact AvCraft Aerospace GmbH, P.O. Box 1103, D-82230 Wessling, 
Germany, for service information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Rosanne Ryburn, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2139; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

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 in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2005-22813; Directorate Identifier 2002-NM-117-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 received 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 
that web site, anyone can find and read the comments in a docket, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may 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 Docket Management System 
receives them.

Discussion

    On November 20, 2000, we issued AD 2000-24-03, amendment 39-12010 
(65 FR 75601, December 4, 2000), for all Dornier Model 328-100 series 
airplanes. That AD requires revising the Airplane Flight Manual (AFM) 
to provide the flightcrew with additional information regarding 
procedures to ensure complete pressurization of the hydraulic lines for 
the flaps. That AD also requires, for certain airplanes, modification 
of the flap actuators of the flight controls. That AD resulted from the 
development of a hardware modification to install a locking collar and 
locking sleeve at the actuator cylinder. We issued that AD to prevent 
an uncommanded retraction of the flaps during takeoff, which could 
result in an aborted takeoff and consequent potential for runway 
overrun.

Actions Since Existing AD Was Issued

    Since we issued AD 2000-24-03, we determined that the AFM revisions 
are not necessary after modifying the flap actuators of the flight 
controls. The modification specified in paragraph (c) of that AD is 
currently written as an additional requirement for certain airplanes to 
the revisions specified in paragraphs (a) and (b) of the AD. The 
modification specified in paragraph (c) of that AD is intended to be a 
terminating action for the revisions specified in paragraphs (a) and 
(b) of the AD.

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. We have determined 
that AD action is necessary for airplanes of this type design that are

[[Page 65865]]

certificated for operation in the United States.
    This proposed AD would revise AD 2000-24-03 and would retain the 
requirements of the existing AD. This proposed AD would also allow 
operators to remove the AFM revisions inserted according to paragraphs 
(a) and (b) of that AD after operators modified the flap actuators of 
the flight controls according to paragraph (c) of that AD.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2000-24-03. 
Since AD 2000-24-03 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                           Corresponding requirement in
      Requirement in  AD 2000-24-03              this proposed AD
------------------------------------------------------------------------
Paragraph (a)...........................  Paragraph (f).
Paragraph (b)...........................  Paragraph (g).
Paragraph (c)...........................  Paragraph (h).
------------------------------------------------------------------------

Explanation of Change to Applicability

    We have revised the applicability of the existing AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Costs of Compliance

    We estimate that 52 airplanes of U.S. registry would be affected by 
this AD.
    The AFM revision that is currently required by AD 2000-24-03, and 
retained in this proposed AD, takes 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 AFM 
revision on U.S. operators is approximately $3,380, or $65 per 
airplane.
    The modification that is currently required by AD 2000-24-03 and 
retained in this proposed AD, takes approximately 4 work hours per 
airplane to accomplish, at an average labor rate of $65 per work hour. 
Required parts will be provided by the manufacturer at no cost to the 
operators. Based on these figures, the cost impact of the currently 
required modification on U.S. operators is estimated to be $260 per 
airplane.
    The removal of the AFM revisions that is specified in this proposed 
AD, if done, takes 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 proposed removal of AFM revisions 
on U.S. operators is approximately $65 per airplane.

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 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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-12010 (65 FR 75601, December 4, 2000) and adding 
the following new airworthiness directive (AD):

AvCraft Aerospace GmbH (Formerly Fairchild Dornier GmbH): Docket No. 
FAA-2005-22813; Directorate Identifier 2002-NM-117-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by December 
1, 2005.

Affected ADs

    (b) This AD revises AD 2000-24-03.

Applicability

    (c) This AD applies to all AvCraft Dornier Model 328-100 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from the determination that certain Airplane 
Flight Manual (AFM) revisions are not necessary after modifying the 
flap actuators of the flight controls. We are issuing this AD to 
prevent an uncommanded retraction of the flaps during takeoff, which 
could result in an aborted takeoff and consequent potential for 
runway overrun.

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.

Airplane Flight Manual (AFM) Revision

    (f) Within 14 days after November 12, 1998 (the effective date 
of AD 98-22-07, amendment 39-10854), accomplish the requirements of 
paragraphs (f)(1) and (f)(2) of this AD.
    (1) Revise the Normal Procedures Section of the Dornier 328 FAA-
approved AFM to include the information specified in pages 6 and 7 
of Dornier 328 All Operators Telefax (AOT) AOT-328-27-016, dated 
July 31, 1998. This may be accomplished by inserting a copy of pages 
6 and 7 of the AOT into the AFM.
    (2) Revise the Abnormal Procedures Section of the Dornier 328 
FAA-approved

[[Page 65866]]

AFM to include the information specified in page 4 of Dornier 328 
AOT-328-27-016, dated July 31, 1998. This may be accomplished by 
inserting a copy of page 4 of the AOT into the AFM.

New AFM Revision

    (g) For all airplanes: Within 3 days after January 8, 2001 (the 
effective date of AD 2000-24-03), revise the Dornier 328 FAA-
approved AFM as specified in paragraphs (g)(1) and (g)(2) of this 
AD. Concurrently with this AFM revision, remove the AFM revisions 
required by paragraph (f) of this AD from the AFM.
    (1) Revise the Normal Procedures Section to include the 
information specified in pages 4, 5, and 6 of Dornier 328 AOT-328-
27-016, Revision 1, dated October 28, 1998. This may be accomplished 
by inserting a copy of pages 4, 5, and 6 of the AOT into the AFM.
    (2) Revise the Abnormal Procedures Section to include the 
information specified in page 3 of Dornier 328 AOT-328-27-016, 
Revision 1, dated October 28, 1998. This may be accomplished by 
inserting a copy of page 3 of the AOT into the AFM.

Modification

    (h) For airplanes with serial numbers 3005 through 3099 
inclusive, 3101 through 3108 inclusive, and 3110 through 3119 
inclusive: Within 5 months after January 8, 2001, modify the flap 
actuators of the flight controls, in accordance with Dornier 328 
Service Bulletin SB-328-27-293, dated November 10, 1999. After 
accomplishing the modification, operators may remove the AFM 
revisions required by paragraphs (f) and (g) of this AD from the 
AFM.

    Note 1: The Dornier service bulletin references Liebherr 
Aerospace Service Bulletin 1048A-27-02, dated November 9, 1999, as 
an additional source of service information for accomplishing the 
modification of the flap actuators of the flight controls.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate, has the authority to approve AMOCs 
for this AD, if requested in accordance with the procedures found in 
14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (3) AMOCs approved previously in accordance with AD 98-22-07, 
amendment 39-10854, are approved as AMOCs with paragraph (f) of this 
AD.
    (4) AMOCs approved previously in accordance with AD 2000-24-03, 
amendment 39-12010, are approved as AMOCs with this AD.

Related Information

    (j) German airworthiness directive 1998-359/3, dated April 6, 
2000, also addresses the subject of this AD.

    Issued in Renton, Washington, on October 20, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-21697 Filed 10-31-05; 8:45 am]
BILLING CODE 4910-13-P