[Federal Register: March 14, 2005 (Volume 70, Number 48)]
[Rules and Regulations]
[Page 12406-12408]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr05-4]
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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