[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Proposed Rules]
[Pages 13577-13579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7212]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-40-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 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 328-100 
series airplanes. This proposal would require a one-time inspection of 
the double shuttle valve in the upper fuselage fairing for incorrectly 
labeled part numbers, and corrective actions, if necessary. This 
proposal is prompted by issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. The actions 
specified by the proposed AD are intended to ensure replacement of the 
double shuttle valves when they have reached their maximum life limit; 
incorrectly labeled part numbers of the double shuttle valves that are 
not replaced could result in the failure of the roll control spoilers, 
and, consequently, lead to reduced controllability of the airplane.

DATES: Comments must be received by April 20, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-40-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.
    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: 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:

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 13578]]

considered before taking action on the proposed rule. The proposals 
contained in this notice may be changed in light of the comments 
received.
    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 notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-NM-40-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. 98-NM-40-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 328-100 series airplanes. The LBA advises that it 
has received a report indicating that, during an inspection of an in-
service airplane, the double shuttle valves in the upper fuselage 
fairing were found to have exceeded their maximum life limit due to the 
inability of maintenance personnel to identify the correct part 
numbers. If the double shuttle valves are not replaced in a timely 
manner, the roll control spoilers could fail, and, consequently, lead 
to reduced controllability of the airplane.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328-27-236, Revision 1, 
dated November 5, 1997, which describes procedures for performing a 
one-time visual inspection of the double shuttle valve in the upper 
fuselage fairing for incorrectly labeled part numbers. The service 
bulletin also describes procedures for revising the valve 
identification label of incorrectly labeled double shuttle valves, and 
deleting any reference to operating pressure (i.e., BAR 205). In 
addition, the service bulletin describes procedures for verifying that 
incorrectly labeled double shuttle valves are within certain time 
limits, and replacing any double shuttle value that is outside that 
limit with a new part. 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 1997-321/2, dated January 15, 
1998, 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 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.

Cost Impact

    The FAA estimates that 50 airplanes of U.S. registry would be 
affected by this proposed AD. It would take approximately 1 work hour 
per airplane to accomplish the proposed inspection at an average labor 
rate of $60 per work hour. Based on this figure, the cost impact of the 
inspection proposed by this AD on U.S. operators is estimated to be 
$3,000, or $60 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 AD were not adopted.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    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.

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

    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:

Dorier Luftfahrt GmbH:  Docket 98-NM-40-AD.

    Applicability: Model 328-100 series airplanes, serial numbers 
3005 through 3086 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 (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

[[Page 13579]]

been eliminated, the request should include specific proposed 
actions to address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure replacement of the double shuttle valves when they 
have reached their maxmimum life limit, accomplish the following:
    (a) Within 30 days after the effective date of this AD, perform 
a one-time visual inspection of the double shuttle valve in the 
upper fuselage fairing to determine if the part number of the valve 
is labeled correctly, in accordance with Dornier Service Bulletin 
SB-328-27-236, Revision 1, dated November 5, 1997.
    (b) If the inspection required by paragraph (a) of this AD 
reveals that the installed double shuttle valve is labeled 
incorrectly, prior to further flight, accomplish paragraphs (b)(1) 
and (b)(2) of this AD, in accordance with Dornier Service Bulletin 
SB-328-27-236, Revision 1, dated November 5, 1997.
    (1) Revise the valve identification label to correctly identify 
the part number of the double shuttle valve, and delete any 
reference to operating pressure (i.e., BAR 205).
    (2) Verify that the installed valve is within the limits 
specified for that particular part number in accordance with the 
service bulletin. If the installed double shuttle valve is outside 
the limits, prior to further flight, replace the double shuttle 
valve with a new part.
    (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, 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.

    (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 3: The subject of this AD is addressed in German 
airworthiness directive 1997-321/2, dated January 15, 1998.

    Issued in Renton, Washington, on March 13, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-7212 Filed 3-19-98; 8:45 am]
BILLING CODE 4910-13-U