[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Rules and Regulations]
[Pages 17512-17514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8536]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-157-AD; Amendment 39-11114; AD 99-08-08]
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 
repetitive lubrication of the engine control push-pull cables, and 
installation of heating tubes on the control cables in the cockpit area 
and in the left-hand and right-hand engine balconies, which terminates 
the repetitive lubrication requirement. 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 ice from building up on the engine control push-
pull cables, which could result in friction or jamming of the engine 
controls, and consequent reduced controllability of the airplane.

DATES: Effective May 17, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 17, 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 17513]]

as a supplemental notice of proposed rulemaking (NPRM) in the Federal 
Register on January 28, 1999 (64 FR 4370). That action proposed to 
require repetitive lubrication of the engine control push-pull cables. 
That action also proposed to require the installation of heating tubes 
on the control cables in the cockpit area and in the left-hand and 
right-hand engine balconies, which would terminate the repetitive 
lubrication requirement.

Comments

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

    The FAA estimates that 50 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 4 work hours per 
airplane to accomplish the required lubrication, and that the average 
labor rate is $60 per work hour. Based on these figures, the cost 
impact on U.S. operators is estimated to be $12,000, or $240 per 
airplane.
    The FAA estimates that the installation of heating tubes on the 
control cables required in this AD action will take approximately 50 
work hours per airplane to accomplish, and that the average labor rate 
is $60 per work hour. Required parts will be supplied by the 
manufacturer at no cost to the operators. Based on these figures, the 
cost impact on U.S. operators is estimated to be $150,000, or $3,000 
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 adding the following new 
airworthiness directive:

99-08-08 Dornier Luftfahrt GMBH: Amendment 39-11114. Docket 98-NM-
157-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 ice from building up on the engine control push-pull 
cables, which could result in friction or jamming of the engine 
controls, and consequent reduced controllability of the airplane, 
accomplish the following:
    (a) Within 2 months after the effective date of this AD, 
lubricate the engine control push-pull cables in accordance with 
Dornier Alert Service Bulletins ASB-328-76-022, dated December 22, 
1997, and ASB-328-76-015, Revision 3, dated January 9, 1998. Repeat 
the lubrication thereafter at intervals not to exceed 300 flight 
hours until the actions required by paragraph (b) of this AD are 
accomplished.
    (b) Within 6 months after the effective date of this AD, 
accomplish the actions specified in paragraphs (b)(1) and (b)(2) of 
this AD. Accomplishment of these actions constitutes terminating 
action for the repetitive lubrication requirement of paragraph (a) 
of this AD.
    (1) Install heating tubes on the control cables in the cockpit 
area in accordance with Dornier Service Bulletin SB-328-76-254, 
dated June 30, 1998, or Revision 1, dated August 6, 1998.
    (2) Install heating tubes on the control cables in the left and 
right engine balconies in accordance with Dornier Service Bulletin 
SB-328-76-267, Revision 1, dated September 25, 1998, or Revision 2, 
dated October 8, 1998.

Alternative Methods of Compliance

    (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 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.

Special Flight Permits

    (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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Dornier Alert 
Service Bulletin ASB-328-76-022, dated December 22, 1997; Dornier 
Alert Service Bulletin ASB-328-76-015, Revision 3, dated January 9, 
1998; Dornier Service Bulletin SB-328-76-254, dated June 30, 1998; 
Dornier Service Bulletin SB-328-76-254, Revision 1, dated August 6, 
1998; Dornier Service Bulletin SB-328-76-267, Revision 1, dated 
September 25, 1998; and Dornier Service Bulletin SB-328-76-267, 
Revision 2, dated October 8, 1998, 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,

[[Page 17514]]

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 directives 1998-105, dated January 30, 1998, and 1997-
148/6, dated December 3, 1998.

    (f) This amendment becomes effective on May 17, 1999.

    Issued in Renton, Washington, on March 31, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-8536 Filed 4-9-99; 8:45 am]
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