22484 Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Proposed Rules

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Raytheon Aircraft Company: Docket 2000–

NM–274–AD.

Applicability: Model Hawker 800XP series

airplanes, and Model Hawker 800 (U–125A

military) airplanes; certificated in any

category; as listed in Raytheon Service

Bulletin SB 32–3386, dated June 2000.

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 (b) 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 a main landing gear (MLG)

gear-up landing and possible injury to

passengers and crew, accomplish the

following:

Inspection

(a) Within 100 flight hours after the

effective date of this AD: Perform a general

visual inspection of the MLG attachment bolt

at the interface between the right and left

MLG door retaining hooks and the uplock

spring struts to determine whether the bolt’s

protruding threads next to the nuts have been

peened, in accordance with Raytheon Service

Bulletin SB 32–3386, dated June 2000. If the

threads have not been peened, prior to

further flight, peen the threads in accordance

with the service bulletin.

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 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.’’

Alternative Methods of Compliance

(b) 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, Wichita

Aircraft Certification Office (ACO), FAA.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Wichita ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

Special Flight Permits

(c) 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.

Issued in Renton, Washington, on April 30,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–11226 Filed 5–3–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–339–AD]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–300 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 328–300 series

airplanes. This proposal would require

replacing the brake assemblies with

modified brake assemblies. This action

is necessary to prevent overheating of

the brakes, which could result in

cracked pistons and consequent leakage

and burning of the hydraulic fluid. This

action is intended to address the

identified unsafe condition.

DATES: Comments must be received by

June 4, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

339–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: 9-

anm-nprmcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 2000–NM–339–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, 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: 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:

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

Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Proposed Rules 22485

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:

• 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.

• For each issue, state what specific

change to the proposed AD is being

requested.

• 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 2000–NM–339–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.

2000–NM–339–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 328–300 series airplanes.

The LBA advises that testing was

carried out by the manufacturer of the

brake assemblies of these airplanes. The

results of the testing indicated that the

brakes can overheat under certain

conditions. These overheat conditions

involve applying maximum brake

energy (e.g., a high energy rejected

takeoff) followed by applying the

parking brake. Due to the consequent

conductive heat transfer from the brake

heat pack to the pistons, the pistons

could crack. This condition, if not

corrected, could result in leakage and

burning of the hydraulic fluid.

Explanation of Relevant Service

Information

Dornier has issued Service Bulletin

SB–328J–32–029, Revision 1, dated

August 4, 2000, which describes

procedures for replacing brake

assemblies having aluminum pistons

with modified brake assemblies having

stainless steel pistons. Accomplishment

of the actions specified in the service

bulletin is intended to adequately

address the identified unsafe condition.

The LBA classified this service bulletin

as mandatory and issued German

airworthiness directive 2000–288, dated

September 21, 2000, to ensure 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 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 service bulletin described

previously.

Explanation of Proposed Compliance

Time

The FAA’s proposed 7-week

compliance time exceeds that mandated

by the parallel German airworthiness

directive. In developing an appropriate

compliance time for this proposed AD,

the FAA considered relevant safety

implications as well as

recommendations by the LBA and the

manufacturer. The manufacturer

recommended accomplishment of the

inspection by September 30, 2000—14

weeks after issusance of the original

service bulletin, and 7 weeks after

issuance of Revision 1 (the version

mandated by the German airworthiness

directive). The original version and

Revision 1 contain the same

accomplishment instructions. The FAA

also considered the fact that the original

service bulletin has been available since

June 2000 to operators of Model 328–

300 series airplanes. In light of these

factors, the FAA finds that the proposed

compliance time represents an

appropriate interval of time allowable

for affected airplanes to continue to

operate without compromising safety.

Cost Impact

The FAA estimates that 8 airplanes of

U.S. registry would be affected by this

proposed AD, that it would take

approximately 9 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would be provided by the manufacturer

at no cost to operators. Based on these

figures, the cost impact of the proposed

AD on U.S. operators is estimated to be

$4,320, or $540 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.

22486 Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Proposed Rules

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

The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Dornier Luftfahrt GMBH: Docket 2000–

NM–339-AD.

Applicability: Model 328–300 series

airplanes, certificated in any category, serial

numbers 3105 through 3144 inclusive, 3146,

3148, 3151 through 3154 inclusive, 3158, and

3159.

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 (c) 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 overheating of the brakes,

which could result in cracked pistons and

consequent leakage and burning of the

hydraulic fluid, accomplish the following:

Brake Piston Replacement

(a) Within 7 weeks after the effective date

of this AD, replace the left and right brake

assemblies having part number (P/N)

AHA2227–2 with modified brake assemblies

having P/N AHA2227–3, in accordance with

Dornier Service Bulletin SB–328J–32–029,

Revision 1, dated August 4, 2000.

Note 2: Replacement of the brake

assemblies prior to the effective date of this

AD in accordance with Dornier Service

Bulletin SB–328J–32–029, dated June 14,

2000, is also acceptable for compliance with

the requirements of paragraph (a) of this AD.

Spares

(b) As of the effective date of this AD, no

person may install a brake assembly having

P/N AHA2227–2 on any airplane.

Alternative Methods of Compliance

(c) 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

(d) 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 directive 2000–288,

dated September 21, 2000.

Issued in Renton, Washington, on April 30,

2001.

John W. McGraw,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–11225 Filed 5–3–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–366–AD]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to all Dornier

Model 328–100 series airplanes, that

currently requires repetitive inspections

of the left and right roll spoiler actuators

to check for signs of leakage and

deformation of the housing, repetitive

inspections of the gap between the left

roll spoiler actuator housing cap and the

actuator housing, repetitive torque

checks of the left roll spoiler actuator

housing cap attachment screws, and

corrective action, if necessary. This

action would require replacement of the

double shuttle valves in the roll spoiler

actuators with new improved valves.

Accomplishment of the proposed

replacement would constitute

terminating action for the requirements

of this AD. This proposal is prompted

by issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by the proposed AD

are intended to prevent oil leakage from

the roll spoiler actuators, which could

result in incorrect roll spoiler operation

and reduced controllability of the

airplane.

DATES: Comments must be received by

June 4, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket Number 2000–

NM–366–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: 9-

anm-nprmcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 2000–NM–366–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, 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: Tom

Groves, Aerospace Engineer,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–1503;

fax (425) 227–1149.