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[Federal Register Volume 66, Number 87 (Friday, May 4, 2001)]
[Proposed Rules]
[Pages 22484-22486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11225]

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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).

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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: 
[email protected]. 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

[[Page 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.

[[Page 22486]]

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.

Sec. 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
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