[Federal Register Volume 63, Number 147 (Friday, July 31, 1998)]
[Rules and Regulations]
[Pages 40817-40819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20433]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-90-AD; Amendment 39-10686; AD 98-16-10]
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 revising the Airplane Flight Manual (AFM) to require use of 
the electrical fuel pump for take-off and landing and performance of an 
operational check of the electrical fuel pump following landing. This 
amendment also requires replacement of the jet booster pumps with new 
or modified jet booster pumps, which terminates the requirement for the 
AFM revision. This amendment is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified by this AD are intended to prevent 
failure of the jet booster pumps, which could result in reduced engine 
thrust during take-off or landing, and consequent increased risk of 
impact with terrain.

DATES: Effective September 4, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of September 4, 1998.

ADDRESSES: The service information referenced in this AD may be 
obtained from FAIRCHILD DORNIER, DORNIER

[[Page 40818]]

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 May 28, 1998 
(63 FR 29144). That action proposed to require revising the Airplane 
Flight Manual (AFM) to require use of the electrical fuel pump for 
take-off and landing and performance of an operational check of the 
electrical fuel pump following landing. That action also proposed to 
require replacement of the jet booster pumps with new or modified jet 
booster pumps, which would terminate the requirement for the AFM 
revision.

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 50 airplanes of U.S. registry will be 
affected by this AD.
    It will take approximately 1 work hour per airplane to accomplish 
the required AFM revision, at an average labor rate of $60 per work 
hour. Based on these figures, the cost impact of the AFM revision 
required by this AD on U.S. operators is estimated to be $3,000, or $60 
per airplane.
    It will take approximately 6 work hours per airplane to accomplish 
the required replacement, at an average labor rate of $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 
replacement required by this AD on U.S. operators is estimated to be 
$18,000, or $360 per airplane.
    The cost impact figures discussed above are 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.


Sec. 39.13  [Amended]

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

98-16-10  Dornier Luftfahrt GMBH: Amendment 39-10686. Docket 98-NM-
90-AD.

    Applicability: Model 328-100 series airplanes, serial numbers 
3005 through 3093 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 (d) 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 jet booster pumps, which could result 
in reduced engine thrust during take-off or landing, and consequent 
increased risk of impact with terrain, accomplish the following:
    (a) Within 5 days after the effective date of this AD, revise 
the Limitations Section of the FAA-approved Airplane Flight Manual 
(AFM) by inserting a copy of Dornier All Operators Telefax AOT-328-
28-014, Revision 1, dated October 16, 1996, into the AFM to require 
use of the electrical fuel pump for take-off and landing and 
performance of an operational check of the electrical fuel pump 
following landing.
    (b) Within 180 days after the effective date of this AD, replace 
the jet booster pumps having part number (P/N) 219335-2 with new or 
modified jet booster pumps, having P/N 219335-3, in accordance with 
Dornier Service Bulletin SB-328-28-211, dated March 26, 1997. 
Accomplishment of this replacement constitutes terminating action 
for the requirements of paragraph (a) of this AD; after the 
replacement has been accomplished, the previously required 
limitation may be removed from the AFM.
    (c) As of the effective date of this AD, no person shall install 
a jet booster pump, part number 219335-2, on any airplane.
    (d) 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.


[[Page 40819]]


    (e) 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.
    (f) The actions shall be done in accordance with Dornier All 
Operators Telefax (AOT) AOT-328-28-014, Revision 1, dated October 
16, 1996; and Dornier Service Bulletin SB-328-28-211, dated March 
26, 1997. 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, 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 directives 97-004, dated January 30, 1997; and 97-149, 
dated May 22, 1997.

    (g) This amendment becomes effective on September 4, 1998.

    Issued in Renton, Washington, on July 24, 1998.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-20433 Filed 7-30-98; 8:45 am]
BILLING CODE 4910-13-U