Airworthiness directives: Dornier,

[Federal Register: September 13, 2002 (Volume 67, Number 178)]

[Proposed Rules]

[Page 57984-57986]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13se02-22]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-77-AD]

RIN 2120-AA64

Airworthiness Directives; Dornier Model 328-100 and -300 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This document proposes the adoption of a new airworthiness directive (AD) that is applicable to certain Dornier Model 328-100 and -300 series airplanes. This proposal would require inspecting the electrical wire harness next to the fuel line at the left electric fuel pump for signs of chafing; securing the electrical wire harness to the fuel line using ty-rap; and taking corrective actions, if necessary. This action is necessary to prevent damage to the electrical wire harness, which could result in electrical arcing and an increased potential for fire or explosion. This action is intended to address the identified unsafe condition.

DATES: Comments must be received by October 15, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2002-NM-77-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-77-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 for Windows or ASCII text.

The service information referenced in the proposed rule may be obtained from Fairchild Dornier, Dornier Luftfahrt GmbH, PO 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,

[[Page 57985]]

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:

[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 filedin 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-77-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-77-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056.

Discussion

The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for Germany, notified the FAA that an unsafe condition may exist on certain Dornier Model 328-100 and -300 series airplanes. The LBA advises that the electrical wire harness from the left fuel pump could chafe against the adjacent fuel line. This condition, if not corrected, could cause damage to the electrical wire harness, which could result in electrical arcing and an increased potential for fire or explosion.

Explanation of Relevant Service Information

Dornier has issued Service Bulletin SB-328-24-391, dated September 11, 2001 (for Model 328-100 series airplanes); and Service Bulletin SB- 328J-24-120, dated September 12, 2001 (for Model 328-300 series airplanes). The service bulletins describe procedures for the following actions:

[sbull] Doing a general visual inspection to detect chafing damage to the electrical wire harness, made up of wiring and a protective sleeve, next to the fuel line at the left electric fuel pump;

[sbull] Securing the electrical wire harness to the fuel line using ty-rap;

[sbull] Repairing any damaged protective sleeve, or replacing it with a new protective sleeve (for any damaged protective sleeve); and

[sbull] Replacing any damaged electrical wire harness with a new electrical wire harness (for any damaged wiring).

Accomplishment of the actions specified in the service bulletins is intended to adequately address the identified unsafe condition. The LBA classified these service bulletins as mandatory and issued German airworthiness directives 2002-049 and 2002-050, both dated March 7, 2002, in order to assure the continued airworthiness of these airplanes in Germany.

FAA's Conclusions

These airplane models are manufactured in Germany and are 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 the FAA informed of the situation described above. The FAA has 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 Rule

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 require accomplishment of the actions specified in the applicable service bulletin described previously.

Cost Impact

The FAA estimates that 100 airplanes of U.S. registry would be affected by this proposed AD, that it would take approximately 1 work hour per airplane to accomplish the proposed inspection and securing of the electrical wire harness, 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 $6,000, 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 proposed 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.

[[Page 57986]]

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:

    Dornier Luftfahrt GMBH: Docket 2002-NM-77-AD.

    Applicability: Model 328-100 series airplanes, as listed in Dornier Service Bulletin SB-328-24-391, dated September 11, 2001; and Model 328-300 series airplanes, as listed in Dornier Service Bulletin SB-328J-24-120, dated September 12, 2001; certificated in any category.

    Note 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (d) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.

    Compliance: Required as indicated, unless accomplished previously.

    To prevent damage to the electrical wire harness, made up of wiring and a protective sleeve, which could result in electrical arcing and an increased potential for fire or explosion, accomplish the following:

    Inspection

    (a) Within 400 flight hours after the effective date of this AD, do a one-time general visual inspection to detect chafing damage to the electrical wire harness, made up of wiring and a protective sleeve, next to the fuel line at the left electric fuel pump; per Dornier Service Bulletin SB-328-24-391, dated September 11, 2001 (for Model 328-100 series airplanes); or Service Bulletin SB-328J- 24-120, dated September 12, 2001 (for Model 328-300 series airplanes); as applicable.

    Note 2: 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 from within touching distance unless otherwise specified. A mirror may be necessary to enhance visual access to all exposed surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight 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.''

    No Chafing: Secure the Electrical Wire Harness

    (b) If no chafing damage to the electrical wire harness, made up of wiring and a protective sleeve, is detected during the inspection required by paragraph (a) of this AD, before further flight, secure the electrical wire harness to the fuel line using ty-rap, per Dornier Service Bulletin SB-328-24-391, dated September 11, 2001 (for Model 328-100 series airplanes); or Service Bulletin SB-328J- 24-120, dated September 12, 2001 (for Model 328-300 series airplanes); as applicable.

    Chafing: Corrective Action(s) and Secure the Electrical Wire Harness

    (c) If any chafing damage to the electrical wire harness, made up of wiring and a protective sleeve, is detected during the inspection required by paragraph (a) of this AD, before further flight, do the action(s) specified in paragraphs (c)(1) and (c)(2) of this AD, as applicable, and paragraph (c)(3) of this AD, per Dornier Service Bulletin SB-328-24-391, dated September 11, 2001 (for Model 328-100 series airplanes); or Service Bulletin SB-328J- 24-120, dated September 12, 2001 (for Model 328-300 series airplanes); as applicable.

    (1) For any damaged protective sleeve: Repair or replace the protective sleeve, per the applicable service bulletin.

    (2) For any damaged wiring: Replace the electrical wire harness, made up of wiring and a protective sleeve, with a new electrical wire harness, per the applicable service bulletin.

    (3) Secure the electrical wire harness, made up of wiring and a protective sleeve, to the fuel line using ty-rap, per the applicable service bulletin.

    Alternative Methods of Compliance

    (d) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, International Branch, ANM-116.

    Note 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the International Branch, ANM-116.

    Special Flight Permits

    (e) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.

    Note 4: The subject of this AD is addressed in German airworthiness directives 2002-049 and 2002-050, both dated March 7, 2002.

    Issued in Renton, Washington, on September 5, 2002. Ali Bahrami, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

    [FR Doc. 02-23291Filed9-12-02; 8:45 am]

    BILLING CODE 4910-13-P

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