[Federal Register Volume 64, Number 13 (Thursday, January 21, 1999)]
[Rules and Regulations]
[Pages 3204-3206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1183]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-140-AD; Amendment 39-11003; AD 99-02-11]
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. This 
amendment requires repetitive tests to detect internal leakage of 
hydraulic fluid within the hydraulic components of the ground spoiler 
system and to detect a buildup of pressure in the return line of the 
bypass valve, and corrective action, if necessary; installation of 
additional hydraulic lines and an additional hydraulic shutoff valve in 
the ground spoiler system; and replacement of the valve block of the 
ground spoiler system with a new part. This amendment also requires 
eventual replacement of the relief restrictor valves of the ground 
spoiler system with redesigned parts, which constitutes terminating 
action for the repetitive tests. 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 the ground spoilers from unlocking and deploying during 
takeoff or in flight, and consequent reduced controllability of the 
airplane.

DATES: Effective February 25, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 25, 1999.

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 22, 1998 
(63 FR 39252). That action proposed to require repetitive tests to 
detect internal leakage of hydraulic fluid within the hydraulic 
components of the ground spoiler system and to detect a buildup of 
pressure in the return line of the bypass valve, and corrective action, 
if necessary; installation of additional hydraulic lines and an 
additional hydraulic shutoff valve in the ground spoiler system; and 
replacement of the valve block of the ground spoiler system with a new 
part. That action also proposed to require eventual replacement of the 
relief restrictor valves of the ground spoiler system with redesigned 
parts, which would constitute terminating action for the repetitive 
tests.

Comment Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comment received.
    One commenter, the manufacturer, expresses no objection to the 
proposed AD, but submits comments to inform the FAA that a new 
technical solution has been developed in the form of Dornier Service 
Bulletin SB-328-29-269, dated July 16, 1998 [which is referenced in the 
proposed AD as the appropriate source of service information for 
installation of additional hydraulic lines and an additional hydraulic 
shutoff valve in the ground spoiler system]. The commenter states that 
it has classified this service bulletin as optional, and that the 
service bulletin can be incorporated as an alternate means of 
compliance to the actions described in Dornier Service Bulletin SB-328-
29-237. The commenter further advises that the Luftfahrt-Bundesamt 
(LBA), which is the airworthiness authority for Germany, is considering 
amendment of related German airworthiness directive 1998-031 to include 
Dornier Service Bulletin SB-328-29-269 as an alternate means of 
compliance.
    The FAA infers that the commenter is suggesting that Dornier 
Service Bulletin SB-328-29-269, dated July 16, 1998, be added to the AD 
as an alternative method of compliance. The FAA has reviewed the 
service bulletin, and concurs that accomplishment of Dornier Service 
Bulletin SB-328-29-269 is an acceptable alternative method of 
compliance for the actions required by paragraph (b) of this AD. The 
FAA has added a new Note 2 to include this provision in the final rule.

Conclusion

    After careful review of the available data, including the comment 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the change described 
previously. The FAA has determined that this change will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 11 airplanes of U.S. registry will be 
affected by this AD.
    It will take approximately 3 work hours per airplane to accomplish 
the required tests, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the tests required by this 
AD on U.S. operators is estimated to be $180 per airplane, per test 
cycle.
    It will take approximately 16 work hours per airplane to accomplish 
the required installation, at an average labor rate of $60 per work 
hour. Required parts will be supplied by the manufacturer at no cost to 
operators. Based on these figures, the cost impact of the installation 
required by this AD on U.S. operators is estimated to be $960 per 
airplane.
    It will take approximately 2 work hours per airplane to accomplish 
the required replacement of the relief restrictor valves, at an average 
labor rate of $60 per work hour. Required parts will be supplied by the 
manufacturer at no cost to operators. Based on these figures, the cost 
impact of this replacement required by this AD on U.S. operators is 
estimated to be $120 per airplane.
    It will take approximately 2 work hours per airplane to accomplish 
the required replacement of the valve block, at an average labor rate 
of $60 per work hour. Required parts will be supplied by the 
manufacturer at no cost to operators. Based on these figures, the cost 
impact of this replacement required by this AD on U.S. operators is 
estimated to be $120 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

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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:

99-02-11  Dornier Luftfahrt GMBH: Amendment 39-11003. Docket 98-NM-
140-AD.

    Applicability: Model 328-100 series airplanes, certificated in 
any category, equipped with active ground spoiler option 040-001; as 
listed in the following service bulletins:
     Dornier Service Bulletin SB-328-29-220, Revision 1, 
dated May 4, 1998;
     Dornier Service Bulletin SB-328-29-237, Revision 1, 
dated December 17, 1997;
     Dornier Service Bulletin SB-328-27-243, Revision 1, 
dated December 18, 1997; and
     Dornier Service Bulletin SB-328-27-228, Revision 1, 
dated December 18, 1997.

    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 (f) 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 the ground spoilers from unlocking and deploying 
during takeoff or in flight, and consequent reduced controllability 
of the airplane, accomplish the following:
    (a) Prior to the accumulation of 3,000 total flight hours, or 
within 300 flight hours after the effective date of this AD, 
whichever occurs later: Perform tests to detect internal leakage of 
hydraulic fluid within the hydraulic components of the ground 
spoiler system and to detect a buildup of pressure in the return 
line of the bypass valve, in accordance with Dornier Service 
Bulletin SB-328-29-220, dated May 20, 1997, or Dornier Service 
Bulletin SB-328-29-220, Revision 1, dated May 4, 1998.
    (1) If no discrepancy is detected, repeat the tests thereafter 
at intervals not to exceed 3,000 flight hours, until accomplishment 
of the replacement required by paragraph (c) of this AD.
    (2) If any discrepancy is detected, prior to further flight, 
accomplish the replacement required by paragraph (c) of this AD.
    (b) Install additional hydraulic lines and an additional 
hydraulic shutoff valve in the ground spoiler system, in accordance 
with Dornier Service Bulletin SB-328-29-237, Revision 1, dated 
December 17, 1997, at the applicable time specified in either 
paragraph (b)(1) or (b)(2) of this AD.
    (1) For airplanes having serial numbers up to and including 
3086, equipped with ground spoiler actuator, part number 1059A0000-
02: Install within 12 months after the effective date of this AD.
    (2) For airplanes having serial numbers up to and including 
3086, and equipped with ground spoiler actuator, part number 
1059A0000-03: Install within 7 days after the effective date of this 
AD.

    Note 2: Replacement of hydraulic lines and removal of the 
hydraulic shutoff valve in accordance with Dornier Service Bulletin 
SB-328-29-269, dated July 16, 1998, is an acceptable alternative 
method of compliance for the actions required by paragraph (b) of 
this AD.

    (c) Replace the relief restrictor valves of the ground spoiler 
system, part number ZRV87-2, with a redesigned valve having part 
number ZRV87-3, in accordance with Dornier Service Bulletin SB-328-
27-243, Revision 1, dated December 18, 1997, at the applicable time 
specified in either paragraph (c)(1) or (c)(2) of this AD. 
Accomplishment of this replacement constitutes terminating action 
for the repetitive tests required by paragraph (a) of this AD.
    (1) For airplanes having serial numbers up to and including 
3098, equipped with ground spoiler actuator, part number 1059A0000-
02: Replace within 12 months after the effective date of this AD.
    (2) For airplanes having serial numbers up to and including 
3098, equipped with ground spoiler actuator, part number 1059A0000-
03: Replace within 7 days after the effective date of this AD.
    (d) Replace the valve block of the ground spoiler system with a 
new part, in accordance with Dornier Service Bulletin SB-328-27-228, 
Revision 1, dated December 18, 1997, at the applicable time 
specified in either paragraph (d)(1) or (d)(2) of this AD.
    (1) For airplanes having serial numbers up to and including 
3095, equipped with ground spoiler actuator, part number 1059A0000-
02: Replace within 12 months after the effective date of this AD.
    (2) For airplanes having serial numbers up to and including 
3095, equipped with ground spoiler actuator, part number 1059A0000-
03: Replace within 7 days after the effective date of this AD.
    (e) As of the effective date of this AD, no person shall install 
on the ground spoiler system of any airplane, a valve block, part 
number 1060A0000-05, or a relief restrictor valve, part number 
ZRV87-2.
    (f) 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.

    (g) 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.
    (h) The actions shall be done in accordance with Dornier Service 
Bulletin SB-328-29-220, dated May 20, 1997; Dornier Service Bulletin 
SB-328-29-220, Revision 1, dated May 4, 1998; Dornier Service 
Bulletin SB-328-29-237, Revision 1, dated December 17, 1997; Dornier 
Service Bulletin SB-328-27-243, Revision 1, dated December 18, 1997; 
and Dornier Service Bulletin SB-328-27-228, Revision 1, dated 
December 18, 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

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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 directives 97-189, dated June 19, 1997; 1998-031, 
dated January 15, 1998; 1998-046, dated January 29, 1998; and 1997-
331/2, dated March 12, 1998.

    (i) This amendment becomes effective on February 25, 1999.

    Issued in Renton, Washington, on January 12, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-1183 Filed 1-20-99; 8:45 am]
BILLING CODE 4910-13-P