[Federal Register: July 15, 2003 (Volume 68, Number 135)]
[Proposed Rules]
[Page 41762-41764]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy03-24]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2001-NM-319-AD]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-300 Series Airplanes
Equipped With Certain Pratt & Whitney PW306B Engine Nacelles
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
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SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain Dornier Model 328-300 series
airplanes, that would have required performing a check of the airplane
maintenance records; inspecting the engine nacelle anti-ice tube for
leaks, if necessary; and modifying the joint, if necessary. This new
action revises the proposed rule by removing the requirement to perform
a records check, which was intended to allow operators to determine
whether the inspection would be required. The actions specified by this
new proposed AD are intended to prevent an uncommanded engine shutdown
in a critical phase of flight due to leakage of air from a loose clamp
on the anti-ice tubing joint. This action is intended to address the
identified unsafe condition.
DATES: Comments must be received by August 11, 2003.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2001-NM-319-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. 2001-NM-319-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 FAIRCHILD Dornier 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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; 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
[[Page 41763]]
in this action may be changed in light of the comments received.
Submit comments using the following format:
[sbull] 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.
[sbull] For each issue, state what specific change to the proposed
AD is being requested.
[sbull] 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 2001-NM-319-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. 2001-NM-319-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain Dornier Model 328-300 series airplanes, was published as a
notice of proposed rulemaking (NPRM) in the Federal Register on March
12, 2003 (68 FR 11762). That NPRM (the ``original NPRM'') would have
required performing a check of the airplane maintenance records;
inspecting the engine nacelle anti-ice tube for leaks, if the records
check indicated that an engine change had been accomplished or
maintenance work had been carried out on the nacelle anti-ice system;
and modifying the joint, if necessary. The original NPRM was prompted
by a report of an in-flight engine shutdown during an airplane rollback
due to a P3 air leak from a loose clamp on the anti-ice tubing joint.
Such leakage of air, if not corrected, could result in an uncommanded
engine shutdown in a critical phase of flight.
Actions Since Issuance of Original NPRM
Since the issuance of the original NPRM, the FAA has determined
that the proposed records check may be inadequate to identify airplanes
subject to the identified unsafe condition. While it may be possible to
determine some of the maintenance history from the maintenance records,
a records check cannot definitively determine that certain maintenance
work has not been carried out on a particular airplane. Therefore, the
FAA has determined that paragraph (a) of the original NPRM must be
revised to remove the proposed records check to determine whether
certain maintenance had been done. In this supplemental NPRM, paragraph
(a) has been removed, paragraph (b) has been revised accordingly, and
subsequent paragraphs have been reidentified.
Conclusion
Since this change expands the scope of the originally proposed
rule, the FAA has determined that it is necessary to reopen the comment
period to provide additional opportunity for public comment.
Changes to 14 CFR Part 39/Effect on This Supplemental NPRM
On July 10, 2002, the FAA issued a new version of 14 CFR part 39
(67 FR 47997, July 22, 2002), which governs the FAA's AD system. This
regulation now includes material that relates to altered products,
special flight permits, and alternative methods of compliance. In this
supplemental NPRM, the office authorized to approve AMOCs is identified
in paragraph (c), and Note 1 and paragraph (e) of the original NPRM
have been removed.
Cost Impact
The FAA estimates that 48 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 1 work
hour per airplane to do the inspection, and that the average labor rate
is $60 per work hour. Based on these figures, the cost impact of the
proposed AD on U.S. operators is estimated to be $2,880, or $60 per
airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the 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 adding the following new
airworthiness directive:
Fairchild Dornier GMBH (Formerly Dornier Luftfahrt GmbH): Docket
2001-NM-319-AD.
Applicability: Model 328-300 series airplanes equipped with
Pratt & Whitney PW306B engine nacelles, from engine nacelle serial
number DR0001 up to and including
[[Page 41764]]
serial number DR0051, certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent an uncommanded engine shutdown in a critical phase of
flight due to leakage of air from a loose clamp on the anti-ice
tubing joint, accomplish the following:
Inspection
(a) Within 45 days after the effective date of this AD, perform
a detailed inspection of the anti-ice tubing in the engine nacelle
at the joint between the anti-ice tubing adapter and duct, and also
between the joint of the anti-ice shutoff valve and the same duct,
to detect any air leakage at the joints, as specified in the
Accomplishment Instructions of Dornier Service Bulletin SB-328J-71-
107, Revision 1, dated July 4, 2001. If no leakage is detected, no
further action is required by this AD.
Note 1: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc., may be used. Surface cleaning and elaborate
access procedures may be required.''
Modification
(b) If air leakage is found during the detailed inspection
required by paragraph (a) of this AD, before further flight, modify
the joint by doing the applicable actions specified in the
Accomplishment Instructions of Dornier Service Bulletin SB-328J-71-
107, Revision 1, dated July 4, 2001.
Alternative Methods of Compliance
(c) In accordance with 14 CFR 39.19, the Manager, International
Branch, ANM-116, FAA, is authorized to approve alternative methods
of compliance for this AD.
Note 2: The subject of this AD is addressed in German
airworthiness directive 2001-296, dated October 18, 2001.
Issued in Renton, Washington, on July 9, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-17817 Filed 7-14-03; 8:45 am]
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