[Federal Register Volume 66, Number 83 (Monday, April 30, 2001)]
[Rules and Regulations]
[Pages 21276-21278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10592]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-45-AD; Amendment 39-12209; AD 2001-09-04]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 Series Airplanes 
Equipped with Motive Flow Check Valves Having Part Number 106-0007-01

<BD>AGENCY: <RM>Federal Aviation Administration, DOT.

<BD>ACTION: <RM>Final rule; request for comments.

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<BD>SUMMARY: <RM>This amendment adopts a new airworthiness directive 
(AD) that is applicable to certain Dornier Model 328-300 series 
airplanes. This action 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 is necessary to prevent 
leakage of fuel from the motive flow check valves, which could result 
in fuel vapors coming into contact with fuel ignition sources. This 
action is intended to address the identified unsafe condition.

<BD>DATES: <RM>Effective May 15, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 15, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before May 30, 2001.

<BD>ADDRESSES: <RM>Submit comments in triplicate to the Federal 
Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-45-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 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: 
<a href="/cdn-cgi/l/email-protection#b98094d8d7d494d0d8cbdad6d4d4dcd7cdf9dfd8d897ded6cf"><span class="__cf_email__" data-cfemail="4970642827246420283b2a2624242c273d092f2828672e263f">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-45-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 this AD may be obtained from 
Fairchild Dornier, Dornier Luftfahrt 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; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

<BD>FOR FURTHER INFORMATION CONTACT: <RM>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.

<BD>SUPPLEMENTARY INFORMATION: <RM>The Luftfahrt-Bundesamt (LBA), which 
is the airworthiness authority for Germany, recently notified the FAA 
that an unsafe condition may exist on certain Dornier Model 328-300 
series airplanes. The LBA advises that three incidents have been 
reported of cracks on the motive flow check valves, which have resulted 
in leakage of fuel. The cause of the cracking is not yet known. This 
condition, if not corrected, could result in fuel vapors coming into 
contact with fuel ignition sources.

Explanation of Relevant Service Information

    Dornier has issued Alert Service Bulletin ASB 328J-28-007, dated 
September 20, 2000, which describes procedures for an initial general 
visual inspection of the lower inboard leading edge/pylon area and the 
pylon drain tube for signs of fuel droplets or fuel staining. The alert 
service bulletin also describes procedures for repetitive general 
visual inspections around the motive flow check valve for fuel leaks, 
and replacement of the valves with new valves, if leaks are detected. 
The LBA classified this service bulletin as mandatory and issued German 
airworthiness directive 2001-058, dated March 8, 2001, in order to 
assure 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 
Sec. 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 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, this AD is being issued to prevent leakage of 
fuel from the motive flow check valves, which could result in fuel 
vapors coming into contact with fuel ignition sources. This AD requires 
accomplishment of the actions specified in the service bulletin 
described previously.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption 
<BD>ADDRESSES<RM>. All communications received on or before the closing 
date for comments will be considered, and this rule may be amended in 
light of the comments received. Factual information that

[[Page 21277]]

supports the commenter's ideas and suggestions is extremely helpful in 
evaluating the effectiveness of the AD action and determining whether 
additional rulemaking action would be needed.
    Submit comments using the following format:
    <bullet> 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.
    <bullet> For each issue, state what specific change to the AD is 
being requested.
    <bullet> 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 rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-45-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption <BD>ADDRESSES<RM>.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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:

    <CS>Authority: <RM>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:

<CS>2001-09-04  Dornier Luftfahrt GMBH: <RM>Amendment 39-12209. 
Docket 2001-NM-45-AD.

    <IT>Applicability: <RM>Model 328-300 series airplanes, 
certificated in any category, equipped with a motive flow check 
valve which has part number (P/N) 106-0007-01.

    <CS>Note 1: <RM>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.

    <IT>Compliance: <RM>Required as indicated, unless accomplished 
previously.
    To prevent leakage of fuel from the motive flow check valve, 
which could result in fuel vapors coming into contact with fuel 
ignition sources, accomplish the following:

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 the 
effective date of this AD, 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.

    <CS>Note 2: <RM>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 the effective date 
of this AD, 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 leaks are detected, repeat the general visual 
inspection of the motive flow check valve at least every 15 days or 
60 flight hours, whichever occurs first.
    (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.
    (c) Within 400 flight hours after the effective date of this AD: 
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 leaks are detected, repeat the engine operational 
test and the general visual inspection of the motive flow check 
valve at least every 400 flight hours.
    (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.

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.

    <CS>Note 3: <RM>Information concerning the existence of approved 
alternative methods of

[[Page 21278]]

compliance with this AD, if any, may be obtained from the 
International Branch, ANM-116.

Incorporation by Reference

    (e) The actions must be done in accordance with Dornier Alert 
Service Bulletin ASB 328J-28-007, dated September 20, 2000. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Fairchild Dornier, Dornier Luftfahrt 
GmbH, P.O. Box 1103, D-82230 Wessling, Germany. Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

    <CS>Note 4: <RM>The subject of this AD is addressed in German 
airworthiness directive 2001-058, dated March 8, 2001.

Effective Date

    (f) This amendment becomes effective on May 15, 2001.

    Issued in Renton, Washington, on April 23, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-10592 Filed 4-27-01; 8:45 am]
BILLING CODE 4910-13-P


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