[Federal Register Volume 63, Number 183 (Tuesday, September 22, 1998)]
[Rules and Regulations]
[Pages 50505-50506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25150]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-96-AD; Amendment 39-10790; AD 98-20-24]
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 a one-time inspection of direct current (DC) power unit 1VE to 
determine whether electrical connections are correctly installed and 
stud nuts are correctly torqued, and corrective actions, if necessary. 
For certain airplanes, this amendment also requires replacement of the 
existing DC power unit 1VE with a modified DC power unit. 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 overheating of electrical 
connections, which could result in electrical arcing and consequent 
fire.

DATES: Effective October 27, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 27, 1998.

ADDRESSES: The service information referenced in this AD may be 
obtained from FAIRCHILD DORNIER, 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 July 7, 1998 
(63 FR 36624). That action proposed to require a one-time inspection of 
the direct current (DC) power unit 1VE to determine whether electrical 
connections are correctly installed and stud nuts are correctly 
torqued, and corrective actions, if necessary. For certain airplanes, 
that action also proposed to require replacement of the existing DC 
power unit 1VE with a modified DC power unit.
    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.
    The commenter, the manufacturer, requests that the FAA withdraw the 
proposed rule. The commenter submits data reflecting the compliance 
status of all affected airplanes, which indicate that all U.S.-
registered airplanes are in compliance with the proposed requirements 
of the AD.
    The FAA does not concur with the commenter's request to withdraw 
the proposed AD. The data submitted by the commenter indicate that some 
airplanes of foreign registry do not comply with the requirements of 
the AD. If any airplane of foreign registry were to be placed on the 
U.S. Register in the future, that airplane would be required to be in 
compliance with the inspections and modifications specified in this AD. 
Issuance of this AD is the appropriate vehicle to ensure that the 
required inspection and modification are accomplished on such an 
airplane prior to entry into 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 50 Dornier Model 328-100 series airplanes of 
U.S. registry will be affected by this AD.
    It will take approximately 1 work hour per airplane to accomplish 
the required inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the required inspection on 
U.S. operators is estimated to be $3,000, or $60 per airplane.
    It will take approximately 4 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 
operators. Based on these figures, the cost impact of the required 
replacement on U.S. operators is estimated to be $12,000, or $240 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

[[Page 50506]]

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:

98-20-24  Dornier Luftfahrt GMBH: Amendment 39-10790. Docket 98-NM-
96-AD.

    Applicability: Model 328-100 series airplanes, as listed in 
Dornier Alert Service Bulletin ASB-328-24-021, dated November 25, 
1997; or Dornier Alert Service Bulletin ASB-328-24-018, dated August 
5, 1997; 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 been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent overheating of electrical connections, which could 
result in electrical arcing and consequent fire, accomplish the 
following:
    (a) For airplanes listed in Dornier Alert Service Bulletin ASB-
328-24-018, dated August 5, 1997: Within 10 days after the effective 
date of this AD, perform the actions required by paragraphs (a)(1) 
and (a)(2) of this AD, in accordance with Dornier Alert Service 
Bulletin ASB-328-24-018, dated August 5, 1997.
    (1) Perform a one-time visual inspection of direct current (DC) 
power unit 1VE to determine whether electrical connections are 
installed correctly, in accordance with the Accomplishment 
Instructions of the alert service bulletin. If any discrepancy is 
detected, prior to further flight, install the connections in 
accordance with Figure 1 of the alert service bulletin.
    (2) Perform a one-time torque inspection of the stud nuts of DC 
power unit 1VE to determine whether they are torqued correctly, in 
accordance with the Accomplishment Instructions of the alert service 
bulletin. If any discrepancy is found, prior to further flight, 
torque in accordance with Table 1 of the alert service bulletin.
    (b) For airplanes listed in Dornier Alert Service Bulletin ASB-
328-24-021, dated November 25, 1997: Within 10 days after the 
effective date of this AD, replace the existing DC power unit 1VE 
with a modified DC power unit, in accordance with Dornier Alert 
Service Bulletin ASB-328-24-021, dated November 25, 1997.

    Note 2: Dornier Alert Service Bulletin 328-24-021, dated 
November 25, 1997, refers to l'Equipement et la Construction 
Electrique Alert Service Bulletin ASB 230GC02Y-24-001, dated 
November 24, 1997, as an additional source of service information 
for accomplishing the modification of the DC power unit.

    (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 3: 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.
    (e) The actions shall be done in accordance with Dornier Alert 
Service Bulletin ASB-328-24-018, dated August 5, 1997, or Dornier 
Alert Service Bulletin ASB-328-24-021, dated November 25, 1997, as 
applicable. 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 4: The subject of this AD is addressed in German 
airworthiness directive 97-322, dated November 20, 1997; and German 
airworthiness directive 97-354, dated December 18, 1997.

    (f) This amendment becomes effective on October 27, 1998.

    Issued in Renton, Washington, on September 15, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-25150 Filed 9-21-98; 8:45 am]
BILLING CODE 4910-13-U