[Federal Register Volume 63, Number 195 (Thursday, October 8, 1998)]
[Proposed Rules]
[Pages 54080-54082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26964]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-198-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 all Dornier Model 328-100 series 
airplanes. This proposal would require one-time visual inspections of 
the elevator trim system for paint contamination on the actuator 
pistons and to determine the moisture level of the moisture indicator; 
verification of the installation and condition of the gasket of the 
flex drive; 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 prevent failure of the elevator trim 
system due to paint/moisture contamination, and consequent reduced 
controllability of the airplane.

DATES: Comments must be received by November 9, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-198-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 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-198-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-198-AD, 1601 Lind Avenue, SW, Renton, Washington 
98055-4056.

[[Page 54081]]

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, notified the FAA that an unsafe condition may exist on all 
Dornier Model 328-100 series airplanes. The LBA advises that it has 
received several reports of the elevator trim actuator freezing up 
during certain phases of flight. Investigation revealed that the 
moisture indicators of the elevator trim actuators were pink, and in 
some cases white (blue is normal), which indicates the presence of 
moisture. Further investigation revealed that paint contamination was 
present on the actuator pistons of the elevator trim system, which 
caused wear of the piston seals. Such wear may have allowed moisture to 
enter the trim system and freeze, which may cause the actuators to bind 
and the flex drive to become loose. These conditions, if not corrected, 
could result in failure of the elevator trim system, and consequent 
reduced controllability of the airplane.

Explanation of Relevant Service Information

    Dornier has issued Alert Service Bulletin ASB-328-27-017, Revision 
2, dated July 28, 1998. The alert service bulletin describes procedures 
for one-time visual inspections of the elevator trim system for paint 
contamination on the actuator pistons and to determine the moisture 
level of the moisture indicator; and verification of the installation 
and condition of the gasket of the flex drive; and corrective actions, 
if necessary. The corrective actions include removal of any paint 
contamination detected on the piston surface; replacement of the 
moisture indicator desiccant of the trim actuator; replacement of the 
gasket with a new gasket; and torquing the nuts of the flex drive to 
the correct value.
    Accomplishment of the actions specified in the Dornier alert 
service bulletin is intended to adequately address the identified 
unsafe condition. The LBA classified this alert service bulletin as 
mandatory and issued German airworthiness directive 97-188, dated July 
3, 1997, in order to assure the continued airworthiness of these 
airplanes in Germany.
    Aviac Technologies, the manufacturer of the desiccant, has issued 
Identification Procedure for Desiccant DAV/AP98-214, Revision 0, dated 
April 22, 1998, as an additional source of service information to 
determine the level of saturation of the desiccant.

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 alert service bulletin described 
previously.

Cost Impact

    The FAA estimates that 50 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 2 work 
hours per airplane to accomplish the proposed inspections, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$6,000, or $120 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:

Dornier Luftfahrt GMBH: Docket 98-NM-198-AD.

    Applicability: All Model 328-100 series airplanes, 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 failure of the elevator trim system due to paint/
moisture contamination, and consequent reduced controllability of 
the airplane, accomplish the following:
    (a) Within 2 months after the effective date of this AD, perform 
a one-time visual inspection of the elevator trim system for paint 
contamination on the actuator pistons and examine the trim actuator 
moisture indicator to determine the desiccant moisture level, in 
accordance with the Dornier Alert Service Bulletin ASB-328-27-017, 
Revision 2, dated July 28, 1998.
    (1) If no paint contamination is detected on the actuator 
pistons, and the moisture indicator of the trim actuator is blue or 
pale blue, no further action is required by paragraph (a) of this 
AD.

[[Page 54082]]

    (2) If no paint contamination is detected on the actuator 
pistons and the moisture indicator of the trim actuator is pink or 
white, prior to further flight, replace the trim actuator with a new 
or serviceable trim actuator and either replace or regenerate the 
desiccant in accordance with the alert service bulletin.
    (3) If any paint contamination is detected on the actuator 
pistons, prior to further flight, remove the paint in accordance 
with the alert service bulletin.

    Note 2: Aviac Technologies, the manufacturer of the desiccant, 
has issued Identification Procedure for Desiccant DAV/AP98-214, 
Revision 0, dated April 22, 1998, as an additional source of service 
information to determine the level of saturation of the desiccant.

    (b) Within 2 months after the effective date of this AD, perform 
a one-time visual inspection to verify installation of the flat 
gasket in each end of the flex drive, and to determine if the flat 
gasket is in good condition (i.e., shows no signs of wear), in 
accordance with Dornier Alert Service Bulletin ASB-328-27-017, 
Revision 2, dated July 28, 1998.
    (1) If the gasket is installed and in good condition, no further 
action is required by paragraph (b) of this AD.
    (2) If the gasket is missing or is installed and not in good 
condition, prior to further flight, replace the gasket with a new 
gasket, and torque the nuts, in accordance with the alert service 
bulletin.

    Note 3: Accomplishment of the actions required by paragraphs (a) 
and (b) of this AD, prior to the effective date of this AD, in 
accordance with Dornier Alert Service Bulletin ASB-328-27-017, 
Revision 1, dated October 1, 1997, is considered acceptable for 
compliance with the applicable actions specified in paragraphs (a) 
and (b) of this AD.

    (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 4: 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.

    Note 5: The subject of this AD is addressed in German 
airworthiness directive 97-188, dated July 3, 1997.

    Issued in Renton, Washington, on October 1, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-26964 Filed 10-7-98; 8:45 am]
BILLING CODE 4910-13-P