[Federal Register Volume 63, Number 193 (Tuesday, October 6, 1998)]
[Rules and Regulations]
[Pages 53553-53555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26393]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-173-AD; Amendment 39-10812; AD 98-21-04]
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 supersedes an existing airworthiness directive 
(AD), applicable to all Dornier Model 328-100 series airplanes, that 
currently requires repetitive visual inspections for signs of fuel 
leakage on the outer wing beginning with Rib 21 and continuing outward; 
and corrective action, if necessary. This amendment adds a requirement 
for modification of the lower panels of the outer wing area, which 
terminates the repetitive inspection requirements. This action also 
limits the applicability of the existing AD. 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 fuel leakage on the outboard wing, which could 
result in a fuel explosion and fire.

DATES: Effective November 10, 1998.
    The incorporation by reference of Dornier Service Bulletin SB-328-
57-255, dated January 21, 1998, as listed in the regulations, is 
approved by the Director of the Federal Register as of November 10, 
1998.
    The incorporation by reference of Dornier Alert Service Bulletin 
ASB-328-57-020, dated October 28, 1997, was approved previously by the 
Director of the Federal Register as of February 25, 1998 (63 FR 6642, 
February 10, 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) by superseding AD 98-04-06, 
amendment 39-10319 (63 FR 6642, February 10, 1998), which is applicable 
to all Dornier Model 328-100 series airplanes, was published in the 
Federal Register on August 13, 1998 (63 FR 43347). The action proposed 
to continue to require repetitive visual inspections for signs of fuel 
leakage of the outer wing beginning with Rib 21 and continuing outward; 
and corrective action, if necessary. The action also proposed to add a 
requirement for modification of the lower panels of the outer wing 
area, which would terminate the repetitive inspection requirements. In 
addition, the action proposed to limit the applicability of the 
existing AD.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response

[[Page 53554]]

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

    There are approximately 50 airplanes of U.S. registry that will be 
affected by this AD.
    The repetitive inspection that is currently required by AD 98-04-
06, and retained in this AD, takes approximately 2 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the currently required 
inspection on U.S. operators is estimated to be $6,000, or $120 per 
airplane, per inspection cycle.
    The new modification that is required in this AD action takes 
approximately 7 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the modification required by this AD on U.S. operators is 
estimated to be $21,000, or $420 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 removing amendment 39-10319 (63 FR 
6642, February 10, 1998), and by adding a new airworthiness directive 
(AD), amendment 39-10812, to read as follows:

98-21-04  Dornier Luftfahrt GMBH: Amendment 39-10812. Docket 98-NM-
173-AD. Supersedes AD 98-04-06, amendment 39-10319.

    Applicability: Model 328-100 series airplanes, serial numbers 
3005 through 3098 inclusive, excluding serial number 3089; 
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)(1) 
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 fuel leakage on the outboard wing, which could result 
in a fuel explosion and fire, accomplish the following:

Restatement of Requirements of AD 98-04-06

    (a) Within 30 days after February 25, 1998 (the effective date 
of AD 98-04-06, amendment 39-10319), perform a visual inspection of 
the left-and right-hand outer wings, beginning with Rib 21 and 
continuing outward, for signs of fuel leakage, in accordance with 
Dornier Alert Service Bulletin ASB-328-57-020, dated October 28, 
1997. If any sign of fuel leakage is detected, prior to further 
flight, re-seal the respective fuel tank in accordance with the 
alert service bulletin. Repeat the inspection at intervals not to 
exceed 1,500 flight hours or 6 months, whichever occurs first, until 
the actions required by paragraph (b) of this AD are accomplished.

New Requirements of this AD

    (b) Within 6 months after the effective date of this AD, drill a 
drainhole in the lower panels of the left- and right-hand outer 
wings, in accordance with Dornier Service Bulletin SB-328-57-255, 
dated January 21, 1998. Accomplishment of the requirements of this 
paragraph constitutes terminating action for the repetitive 
inspections required by paragraph (a) of this AD.
    (c)(1) 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.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 98-04-06, amendment 39-10319, are approved as 
alternative methods of compliance with this AD.

    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 
Secs. 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-328-57-020, dated October 28, 1997, and Dornier 
Service Bulletin SB-328-57-255, dated January 21, 1998.
    (1) The incorporation by reference of Dornier Service Bulletin 
SB-328-57-255, dated January 21, 1998, is approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) The incorporation by reference of Dornier Alert Service 
Bulletin ASB-328-57-020, dated October 28, 1997, was approved 
previously by the Director of the Federal Register as of February 
25, 1998 (63 FR 6642, February 10, 1998).
    (3) 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 directive 1998-218, dated May 7, 1998.

    (f) This amendment becomes effective on November 10, 1998.


[[Page 53555]]


    Issued in Renton, Washington, on September 28, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-26393 Filed 10-5-98; 8:45 am]
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