[Federal Register: February 26, 2004 (Volume 69, Number 38)]
[Proposed Rules]
[Page 8881-8884]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe04-28]
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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:
9-anm-nprmcomment@faa.gov. 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