[Federal Register Volume 64, Number 52 (Thursday, March 18, 1999)]
[Rules and Regulations]
[Pages 13328-13330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6217]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-198-AD; Amendment 39-11078; AD 99-06-14]
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 all Dornier Model 328-100 series airplanes, that requires 
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 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 elevator trim system due to paint/moisture 
contamination, and consequent reduced controllability of the airplane.

DATES: Effective April 22, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 22, 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 all Dornier Model 328-100 series 
airplanes was published

[[Page 13329]]

in the Federal Register on October 8, 1998 (63 FR 54080). That action 
proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comment received.

Request To Revise Final Rule to Parallel Alert Service Bulletin and 
Foreign AD

    One commenter, the manufacturer, requests that the proposed rule be 
revised to align with the specifications of Dornier Alert Service 
Bulletin ASB-328-27-017, Revision 2, dated July 28, 1998 (which was 
referenced in the proposal as the appropriate source of service 
information), and the recommendations of the Luftfahrt-Bundesamt (LBA) 
(which is the airworthiness authority for Germany) in German 
airworthiness directive 97-188, dated July 3, 1997. The commenter 
states that this AD, as proposed, would impose requirements beyond the 
intent of the alert service bulletin and could result in unnecessary 
actuator replacements.
    Paragraph (a)(2) of the proposal reads, ``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.'' The commenter states that the language used in 
paragraph (a)(2) of the proposed rule does not correspond to the 
specifications of the alert service bulletin.'' The commenter states 
that the language used in paragraph (a)(2) of the proposed rule does 
not correspond to the specifications of the alert service bulletin, in 
that the alert service bulletin does not specify replacement of the 
trim actuator if no paint contamination is present. Paragraph 2.B.3. of 
the Accomplishment Instructions of the alert service bulletin reads, 
``If no paint is found on the piston surface and the trim actuator 
moisture desiccant is pink or white, then refer to [Airplane 
Maintenance Manual (AMM)] JIC 27-32-01, TR 27-203, for corrective 
action,'' The commenter notes that section of the AMM describe 
procedures for replacement or regeneration of the desiccant, but does 
not describe replacement of the trim actuator.
    The FAA concurs with the commenter's request to revise paragraph 
(a) of the final rule to clarify alignment with the alert service 
bulletin. As indicated clearly in the ``Explanation of Requirements of 
Proposed Rule'' Section of the notice of proposed rulemaking (NPRM), it 
is the FAA's intention for operators to accomplish the actions 
specified in the proposal in accordance with the alert service 
bulletin. However, in converting the instructions in the alert service 
bulletin into the proposed corrective actions stated in the NPRM, the 
FAA erroneously stated two conditions [paragraph (a)(2) stated the 
condition as no paint contamination and a pink or white moisture 
indicator, but the stated corrective action was for the condition of 
paint contamination and pink or white moisture indicator; paragraph 
(a)(3) stated the condition as no paint contamination when it should 
have stated no paint contamination, and a blue or pale blue moisture 
indicator], and omitted another condition entirely (the appropriate 
corrective action for the condition of no paint contamination and a 
pink or white moisture indicator was not specified).
    The FAA finds, however, that the alert service bulletin may be 
misleading to operators. Specifically, paragraph 2.B(2) of the 
Accomplishment Instructions of the alert service bulletin may be 
misleading to operators, because it states that, ``If the desiccant is 
pink or white the trim actuator must be replaced according to AMM JIC 
27-32-01 * * *.'' Therefore, a new paragraph (a)92) has been added to 
this final rule to specifically reference paragraph 2.B(3) of the 
Accomplishment Instructions of the alert service bulletin as the 
appropriate source of service information for corrective actions if no 
paint contamination is detected on the actuator pistons and the 
moisture indicator of the trim actuator is pale pink, pink, or white. 
In addition, paragraph (a)(2) from the proposal has been included as 
paragraph (a)(4) in the final rule, and the words ``If no paint 
contamination * * *'' have been corrected to read, ``If any paint 
contamination * * *.'' Also, paragraph (a)(3) of the final rule has 
been revised to clarify that the corrective action specified in that 
paragraph is applicable if paint contamination is detected and the 
desiccant is blue or pale blue.
    The FAA finds that the changes described previously provide 
clarification, and do not increase the scope of the AD because, as 
stated previously, the preamble of the NPRM made it clear that the FAA 
intended for operators to accomplish the actions specified in the alert 
service bulletin.

Explanation of Change Made to This Final Rule

    A change has been made to the Cost Impact section of this final 
rule to reflect the addition of two airplanes to the U.S. Register 
since issuance of the NPRM.

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 changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 52 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 2 work hours per 
airplane to accomplish the required inspections, and that the average 
labor rate is $60 per work hour. Based on these figures, the cost 
impact of the AD on U.S. operators is estimated to be $6,240, or $120 
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 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

[[Page 13330]]

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:

99-06-14  Dornier Luftfahrt GMBH: Amendment 39-11078. Docket 98-NM-
198-AD.

    Applicability: All Model 328-100 series airplanes, certified 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.
    (2) If no paint contamination is detected on the actuator 
pistons and the moisture indicator of the trim actuator is pale 
pink, pink, or white, prior to further flight, accomplish corrective 
actions in accordance with paragraph 2.B(3) of the Accomplishment 
Instructions of the alert service bulletin.
    (3) If any paint contamination is detected on the actuator 
pistons and the moisture indicator of the trim actuator is pale blue 
or blue, prior to further flight, remove the paint in accordance 
with the alert service bulletin.
    (4) If any paint contamination is detected on the actuator 
pistons and the moisture indicator of the trim actuator is pale 
pink, 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.

    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 
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-328-27-017, Revision 2, dated July 28, 1998. 
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 5: The subject of this AD is addressed in German 
airworthiness directive 97-188, dated July 3, 1997.

    (f) This amendment becomes effective on April 22, 1999.
    Issued in Renton, Washington, on March 9, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-6217 Filed 3-17-99; 8:45 am]
BILLING CODE 4910-13-M