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.

Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Proposed Rules 22487

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:

• 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–366–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

Number 2000–NM–366–AD, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056.

Discussion

On October 22, 1999, the FAA issued

AD 99–22–15, amendment 39–11393 (64

FR 59117, November 2, 1999),

applicable to all Dornier Model 328–100

series airplanes, to require 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. That action was prompted by

issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

requirements of that 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.

Actions Since Issuance of Previous Rule

Since the issuance of that AD, the

manufacturer has developed an

improved double shuttle valve to

replace the existing valves in the roll

spoiler actuator, which have been

subject to leakage. Replacement of the

valves would terminate the need for

repetitive inspections of the roll spoiler

actuators for leaks.

Explanation of Relevant Service

Information

The manufacturer has issued Dornier

Service Bulletin SB–328–27–310, dated

June 10, 2000, which describes

procedures for replacement of the

double shuttle valves with the new

improved valves. Accomplishment of

the actions specified in the service

bulletin is intended to adequately

address the identified unsafe condition.

The Luftfahrt-Bundesamt (LBA), which

is the airworthiness authority for

Germany, classified this service bulletin

as mandatory and issued German

airworthiness directive 1998–479/3,

dated October 5, 2000, 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 section 21.29 of the

Federal Aviation Regulations (14 CFR

21.29) and the applicable bilateral

aviation safety agreement. Pursuant to

the implementation procedures for

airworthiness of this bilateral aviation

safety 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

supersede AD 99–22–15 to continue to

require 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. The proposed AD

would add the requirement to replace

the double shuttle valves in the roll

spoiler actuators, which would

terminate the repetitive inspections and

checks. The actions would be required

to be accomplished in accordance with

the service bulletin described

previously.

Cost Impact

There are approximately 50 airplanes

of U.S. registry that would be affected

by this proposed AD.

The repetitive inspections and checks

that are currently required by AD 99–

22–15 take approximately 3 work hours

per airplane to accomplish, at an

average labor rate of $60 per work hour.

Based on these figures, the cost impact

of these inspections and checks on U.S.

operators is estimated to be $9,000, or

$180 per airplane, per inspection cycle.

The replacement that is proposed in

this AD action would take

approximately 1 work hour per airplane

to accomplish, at an average labor rate

of $60 per work hour. Required parts

would be provided at no charge to

operators. Based on these figures, the

cost impact of the proposed

requirements of this AD on U.S.

operators is estimated to be $3,000, or

$60 per airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the current or proposed requirements of

this AD action, and that no operator

would accomplish those actions in the

future if this AD were not adopted.

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

22488 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

removing amendment 39–11393 (64 FR

59117, November 2, 1999), and by

adding a new airworthiness directive

(AD), to read as follows:

Dornier Luftfahrt GMBH: Docket 2000–

NM–366–AD. Supersedes AD 99–22–15,

Amendment 39–11393.

Applicability: All Model 328–100 series

airplanes, 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 (f)(1) 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 oil leakage from the roll spoiler

actuators, which could result in incorrect roll

spoiler operation and reduced controllability

of the airplane, accomplish the following:

Restatement of Requirements of AD 99–22–

15

(a) Within 14 days after December 7, 1999

(the effective date of AD 99–22–15,

amendment 39–11393), accomplish the

requirements of paragraphs (a)(1) and (a)(2)

of this AD on the left and right roll spoiler

actuators, in accordance with Dornier Alert

Service Bulletin ASB–328–27–025, Revision

1, dated September 22, 1999. Thereafter,

repeat the inspections required by paragraphs

(a)(1) and (a)(2) of this AD at intervals not to

exceed 400 flight hours.

(1) Perform a detailed inspection to detect

leakage of the area around the actuator cap

and housing of the roll spoiler actuators. If

leakage is found, prior to further flight,

replace the actuator and the double shuttle

valve with new or serviceable parts.

(2) Perform a detailed inspection to detect

flatness of the surface of the cap of the roll

spoiler actuators. If the cap surface is not flat,

prior to further flight, replace the actuator

and the double shuttle valve with new or

serviceable parts.

Note 2: 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.’’

(b) Within 14 days after December 7, 1999,

accomplish the requirements of paragraphs

(b)(1) and (b)(2) of this AD on the left roll

spoiler actuator, in accordance with Dornier

Alert Service Bulletin ASB–328–27–025,

Revision 1, dated September 22, 1999.

Thereafter, repeat the inspections required by

paragraphs (b)(1) and (b)(2) of this AD at

intervals not to exceed 400 flight hours.

(1) Perform a detailed inspection to detect

a gap between the cap of the roll spoiler

actuator and the actuator housing. If any gap

exists, prior to further flight, replace the

actuator and the double shuttle valve with

new or serviceable parts.

(2) Perform a torque check of the housing

cap attachment screws. If the torque is within

the limits specified by the alert service

bulletin, prior to further flight, torque the

screws to 17.7 lb-in, in accordance with the

alert service bulletin. If the torque is outside

the limits specified by the alert service

bulletin, prior to further flight, replace the

left roll spoiler actuator and double shuttle

valve with new or serviceable parts, in

accordance with the alert service bulletin.

(c) If any left roll spoiler actuator is

replaced during any inspection required by

paragraph (b)(1) or (b)(2) of this AD, prior to

further flight, accomplish the requirements of

paragraphs (b)(1) and (b)(2) for the right roll

spoiler actuator.

Note 3: Accomplishment of the inspections

required by paragraphs (a) and (b) of this AD

prior to the effective date of this AD, in

accordance with Dornier Alert Service

Bulletin ASB–328–27–025, dated October 16,

1998, is acceptable for compliance with the

initial inspections required by those

paragraphs.

New Actions Required By This AD

Replacement

(d) Within 90 days after the effective date

of this AD: Replace the double shuttle valves

with new improved double shuttle valves, in

accordance with Dornier Service Bulletin

SB–328–27–310, dated June 10, 2000.

Accomplishment of this action constitutes

terminating action for the requirements of

this AD.

Spares

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

person shall install a double shuttle valve

having any of the following part numbers on

any airplane:

ZCV 193

ZCV 193–1 Revision Letter J

ZCV 193 MOD

ZCV 193–1

ZCV 193–1 MOD

ZCV 193–2 MOD

ZCV 193–3

ZCV 193–4

ZCV 193–5

Alternative Methods of Compliance

(f)(1) 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.

(2) Alternative methods of compliance,

approved previously in accordance with AD

99–22–15, amendment 39–11393, are

approved as alternative methods of

compliance with the requirements of

paragraphs (a), (b) and (c) of this AD.

Note 4: 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

(g) 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 5: The subject of this AD is addressed

in German airworthiness directive 1998–479/

3, of which the effective date is October 5,

2000.

Issued in Renton, Washington, on April 30,

2001.

John W. McGraw,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–11224 Filed 5–3–01; 8:45 am]

BILLING CODE 4910–13–P