AD 2002-26-06

[Federal Register Volume 68, Number 1 (Thursday, January 2, 2003)]
[Rules and Regulations]
[Pages 27-28]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 02-32879]



[[Page 27]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-293-AD; Amendment 39-12994; AD 2002-26-06]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 Series Airplanes

AGENCY: Federal Aviation Administration, (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all Dornier Model 328-300 series airplanes. This 
action requires revising the Airplane Flight Manual to incorporate 
revised performance data for certain operations. This action is 
necessary to prevent operation in weight/altitude/temperature 
conditions that exceed the performance capabilities of the airplane, 
which could result in impact with terrain during engine out 
performance-limited operations. This action is intended to address the 
identified unsafe condition.

DATES: Effective January 17, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 17, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before February 3, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-293-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: 
<a href="/cdn-cgi/l/email-protection#bd8490dcd3d090d4dccfded2d0d0d8d3c9fddbdcdc93dad2cb"><span class="__cf_email__" data-cfemail="e7deca86898aca8e869584888a8a828993a7818686c9808891">[email&#160;protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-293-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, PO 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.

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.

SUPPLEMENTARY INFORMATION: The Luftfahrt-Bundesamt (LBA), which is the 
airworthiness authority for Germany, recently notified the FAA that an 
unsafe condition may exist on all Dornier Model 328-300 series 
airplanes. The LBA advises that the engine performance data has been 
revised by the engine manufacturer, Pratt & Whitney Canada. The engine 
thrust has been reduced for certain operations at pressure altitudes in 
excess of 5,000 feet. Operation in conditions that exceed the 
performance capabilities of the airplane, if not corrected, could 
result in impact with terrain during engine out performance-limited 
operations.

Explanation of Relevant Service Information

    The manufacturer has issued Dornier 328 J All Operators Telefax 
(AOT) AOT-328J-00-006, dated October 1, 2002, which describes 
procedures for revising the Performance Section of the Airplane Flight 
Manual (AFM) to incorporate revised performance data for certain 
operations. The LBA classified the AOT as mandatory and issued German 
airworthiness directive 2002-355, dated November 14, 2002, 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 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 operation in 
weight/altitude/temperature conditions that exceed the performance 
capabilities of the airplane, which could result in impact with terrain 
during engine out performance-limited operations. This AD requires 
revising the Performance Section of the AFM to incorporate revised 
performance data for certain operations.

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 ADDRESSES. 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 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:
    [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 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 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.

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    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 2002-NM-293-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 ADDRESSES.

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:

    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:

2002-26-06 Dornier Luftfahrt GMBH: Amendment 39-12994. Docket 2002-
NM-293-AD.

    Applicability: All Model 328-300 series airplanes, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent operation in weight/altitude/temperature conditions 
that exceed the performance capabilities of the airplane, which 
could result in impact with terrain during engine out performance-
limited operations; accomplish the following:

Airplane Flight Manual Revision

    (a) Within 7 days after the effective date of this AD: Revise 
the Performance Section of the Dornier 328-300 Airplane Flight 
Manual (AFM) to incorporate revised performance data for certain 
operations; as specified in Dornier 328 J All Operators Telefax 
(AOT) AOT-328J-00-006, dated October 1, 2002. This may be 
accomplished by inserting a copy of the AOT into the AFM.
    (b) The AOT may be removed from the AFM when the revised 
performance data in the AOT specified in paragraph (a) of this AD 
has been incorporated into a general revision of the AFM.

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 Operations Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 1: 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.

Incorporation by Reference

    (e) The AFM revision required by paragraph (a) of this AD shall 
be done in accordance with Dornier 328 J All Operators Telefax AOT-
328J-00-006, dated October 1, 2002. 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, PO 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.

    Note 2: The subject of this AD is addressed in German 
airworthiness directive 2002-355, dated November 14, 2002.

Effective Date

    (f) This amendment becomes effective on January 17, 2003.

    Issued in Renton, Washington, on December 23, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-32879 Filed 12-31-02; 8:45 am]
BILLING CODE 4910-13-U