[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Rules and Regulations]
[Pages 12617-12618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6504]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-114-AD; Amendment 39-10394; AD 98-06-16]
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 electrical circuits for certain avionics 
by rewiring and adding electrical devices. This amendment is prompted 
by reports indicating that failure of an engine or direct current (DC) 
generator during takeoff and landing, coupled with an open DC tie, 
could cause the avionics to fail. The actions specified by this AD are 
intended to prevent the failure of those avionics during takeoff and 
landing, which consequently could result in the inability of the flight 
crew to respond to and control the associated systems during these 
critical phases of flight.

DATES: Effective April 20, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 20, 1998.

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: Norman B. Martenson, Manager, 
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 December 5, 
1996 (61 FR 64492). That action proposed to require modification of the 
electrical circuits for certain avionics by rewiring and adding 
electrical devices.

Comment Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comment received.
    One commenter requests that paragraph (a) of the proposed AD be 
revised to include Dornier Service Bulletin SB-328-00-053 as an 
additional source of service information for accomplishment of the 
proposed modification. The commenter states that, in the ``References'' 
Section of Dornier Service Bulletin SB-328-24-062, Revision 1, dated 
June 27, 1995 (which is referenced in the proposed AD as the 
appropriate source of service information), it states that, ``an 
alternate means of compliance is by accomplishment of SB-328-00-053.'' 
The commenter also states that it has data to show compliance with 
Dornier Service Bulletin SB-328-00-053.
    The FAA does not concur. The FAA has not reviewed Dornier Service 
Bulletin SB-328-00-053; and considerable time could be required to 
obtain a copy of the service bulletin and review its technical 
contents. In light of this, and in consideration of the amount of time 
that has already elapsed since issuance of the original notice, the FAA 
has determined that further delay of this final rule action is not 
appropriate. However, affected operators may request approval to use 
Dornier Service Bulletin SB-328-00-053 as an alternative method of 
compliance, under the provisions of paragraph (b) of the final rule.

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 9 Dornier Model 328-100 series airplanes of 
U.S. registry will be affected by this AD.
    It will take approximately 220 work hours per airplane to 
accomplish the required modification, at an average labor rate of $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 
modification required by this AD on U.S. operators is estimated to be 
$118,800, or $13,200 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:

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.


[[Page 12618]]




Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

98-06-16 Dornier: Amendment 39-10394. Docket 96-NM-114-AD.

    Applicability: Model 328-100 series airplanes having serial 
numbers 3005 through 3024 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 
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, during takeoff and landing, of the No. 2 
primary flight and multiple function displays, or the autopilot/yaw 
damper servos, which consequently could result in the inability of 
the flight crew to respond to and control the systems associated 
with these avionics during these critical phases of flight, 
accomplish the following:
    (a) Within 6 months after the effective date of this AD, modify 
the wiring that supplies power from the non-essential bus 2 to the 
bus 2 avionics circuit, and from the non-essential bus 1 to the bus 
1 avionics circuit, in accordance with Dornier Service Bulletin SB-
328-24-062, Revision 1, dated June 27, 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-328-24-062, Revision 1, dated June 27, 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 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.

    Note 3: The subject of this AD is addressed in German 
airworthiness directive 95-284, dated August 4, 1995.

    (e) This amendment becomes effective on April 20, 1998.

    Issued in Renton, Washington, on March 9, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-6504 Filed 3-13-98; 8:45 am]
BILLING CODE 4910-13-U