[Federal Register: November 1, 2005 (Volume 70, Number 210)]
[Proposed Rules]
[Page 65864-65866]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no05-19]
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Proposed Rules
Federal Register
________________________________________________________________________
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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[[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).
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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).
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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]
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