[Federal Register Volume 62, Number 218 (Wednesday, November 12, 1997)]
[Rules and Regulations]
[Pages 60643-60644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29444]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-115-AD; Amendment 39-10198; AD 97-23-10]
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 modification of the cable tension regulator on both the left 
and right elevators by installing certain parts on the lever arm of the 
regulator. This amendment is prompted by a report indicating that 
design testing and analysis have shown applied loads could cause the 
regulator's lever arm to break. The actions specified by this AD are 
intended to prevent failure of the regulator, and consequent reduced 
controllability of the airplane.

DATES: Effective December 17, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 17, 1997.

ADDRESSES: The service information referenced in this AD may be 
obtained from Dornier Deutsche Aerospace, P.O. Box 1103, D-82230 
Wessling, Federal Republic of 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: International Branch, ANM-116, FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2110; fax (425) 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 March 12, 
1997 (62 FR 11386). That action proposed to require modification of the 
cable tension regulator on both the left and right elevators by 
installing certain parts on the lever arm of the regulator.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    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 27 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 the operators. 
Based on these figures, the cost impact of the AD on U.S. operators is 
estimated to be $3,240, 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

[[Page 60644]]

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:

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:

97-23-10  Dornier: Amendment 39-10198. Docket 96-NM-115-AD.

    Applicability: Model 328-100 series airplanes having serial 
numbers 3005 through 3045 inclusive; 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 (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 failure of the cable tension regulator on both the 
left and right elevators, and consequent reduced controllability of 
the airplane, accomplish the following:
    (a) Within 6 months after the effective date of this AD, modify 
the cable tension regulator on both the left and right elevators by 
installing two lateral plates on the lever arm, in accordance with 
Dornier Service Bulletin SB-328-27-116, dated September 26, 1995.
    (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, International Branch, ANM-116, 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, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (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.
    (d) The modification shall be done in accordance with Dornier 
Service Bulletin SB-328-27-116, dated September 26, 1995. 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 Deutsche Aerospace, P.O. Box 
1103, D-82230 Wessling, Federal Republic of 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 3: The subject of this AD is addressed in German 
airworthiness directive 95-434, dated November 14, 1995.

    (e) This amendment becomes effective on December 17, 1997.

    Issued in Renton, Washington, on November 3, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-29444 Filed 11-10-97; 8:45 am]
BILLING CODE 4910-13-U