[Federal Register Volume 61, Number 221 (Thursday, November 14, 1996)]
[Rules and Regulations]
[Pages 58315-58316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28692]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 221 / Thursday, November 14, 1996 / 
Rules and Regulations  

[[Page 58315]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-232-AD; Amendment 39-9811; AD 96-23-06]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Dornier Model 328-100 series airplanes, that 
requires replacement of certain hydraulic fuses of the landing gear 
with improved fuses. This amendment is prompted by results of extended 
testing, which revealed that the hydraulic fuses of the landing gear 
failed to operate due to movement of the end of the spring within the 
fuses over the end of the flange of the spool. The actions specified by 
this AD are intended to prevent such failure, which could result in 
external leakage in the brake lines downstream of the respective fuse 
and consequent loss of hydraulic fluid; this condition, if not 
corrected, could result in partial loss of the main hydraulic power 
supply.

DATES: Effective December 19, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 19, 1996.

ADDRESSES: The service information referenced in this AD may be 
obtained from Dornier Luftfahrt GmbH, P.O. Box 1103, D-82230 Wessling, 
Germany. This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
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: Connie Beane, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2796; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Dornier Model 328-100 
series airplanes was published in the Federal Register on August 26, 
1996 (61 FR 43689). That action proposed to require replacement of 
certain hydraulic fuses of the landing gear with improved fuses.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.

Request To Withdraw the Proposal

    The commenter requests that the proposal be withdrawn because 
operators should already have accomplished the proposed replacement of 
hydraulic fuses by October 8, 1994, as specified in the Dornier 328 
Airworthiness Limitations Document (ALD).
    The FAA does not concur with the commenter's request to withdraw 
the proposal. The commenter has provided no evidence that the 
replacement has been accomplished on all affected airplanes. Further, 
even if the current U.S.-registered fleet may be in compliance with the 
requirements of the AD, the issuance of the rule is still necessary to 
ensure that any affected airplane that is imported and placed on the 
U.S. register in the future will be required to be in compliance as 
well. Issuance of this AD will ensure that the airplane is modified 
prior to the time it is permitted to operate in the U.S.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 5 Dornier Model 328-100 series airplanes of 
U.S. registry will be affected by this AD, that it will take 
approximately 2 work hours per airplane to accomplish the required 
actions, and that the average labor rate is $60 per work hour. Required 
parts will be provided by the manufacturer at no cost to operators. 
Based on these figures, the cost impact of the AD on U.S. operators is 
estimated to be $600, or $120 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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 adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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:

[[Page 58316]]

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:

    96-23-06  Dornier: Amendment 39-9811. Docket 95-NM-232-AD.

    Applicability: Model 328-100 series airplanes; serial numbers 
3005 through 3008 inclusive, 3010, 3011, and 3012; certificated in 
any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 partial loss of the main hydraulic power supply due 
to loss of hydraulic fluid, accomplish the following:
    (a) Within 90 days after the effective date of this AD, replace 
landing gear hydraulic fuses having part number ACM30488, MOD states 
2 through 6, with MOD 7 fuses in accordance with Dornier Service 
Bulletin SB-328-32-048, dated August 11, 1994.
    (b) As of the effective date of this AD, no person shall install 
a landing gear hydraulic fuse having part number ACM30488, MOD 
states 2 through 6, on any airplane.
    (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, Manager, Standardization Branch, 
ANM-113, FAA, Transport Airplane Directorate. Operators shall submit 
their requests through an appropriate FAA Principal Maintenance 
Inspector, who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (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.
    (e) The replacement shall be done in accordance with Dornier 
Service Bulletin SB-328-32-048, dated August 11, 1994. 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 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.
    (f) This amendment becomes effective on December 19, 1996.

    Issued in Renton, Washington, on November 1, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-28692 Filed 11-13-96; 8:45 am]
BILLING CODE 4910-13-P