[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Rules and Regulations]
[Pages 59117-59119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28245]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-01-AD; Amendment 39-11393; AD 99-22-15]
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 inspections of the left and right roll spoiler actuators to 
check for signs of leakage and deformation of the housing, repetitive 
inspections of the gap between the left roll spoiler actuator housing 
cap and the actuator housing, repetitive torque checks of the left roll

[[Page 59118]]

spoiler actuator housing cap attachment screws, and corrective action, 
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 oil 
leakage from the roll spoiler actuators, which could result in 
incorrect roll spoiler operation and reduced controllability of the 
airplane.

DATES: Effective December 7, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 7, 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 in the Federal Register on August 20, 1999 (64 
FR 45468). That action proposed to require repetitive inspections of 
the left and right roll spoiler actuators to check for signs of leakage 
and deformation of the housing, repetitive inspections of the gap 
between the left roll spoiler actuator housing cap and the actuator 
housing, repetitive torque checks of the left roll spoiler actuator 
housing cap attachment screws, and corrective action, 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 Reference Service Bulletin Revision

    One commenter, the manufacturer, requests that the proposed AD be 
revised to reference Dornier Alert Service Bulletin ASB-328-27-025, 
Revision 1, dated September 22, 1999. The commenter states that 
Revision 1 of the service bulletin escalates the inspection interval 
from the current 330 flight hours to 400 flight hours. This escalation 
brings the interval parallel to the recent ``A-Check'' escalation of 
the Dornier Model 328-100 Maintenance Review Board (MRB) document. The 
commenter notes that the escalation of the inspection intervals was 
considered acceptable based on certain other inspections already in 
place in the MRB document.
    The FAA concurs. The procedures contained in Revision 1 of the 
service bulletin are identical to the original issue, dated October 16, 
1998, which was cited in the proposed AD as the appropriate source of 
service information. The FAA has determined that accomplishment of the 
actions required by this AD in accordance with the procedures and at 
the intervals specified in Revision 1 of the service bulletin will 
adequately address the identified unsafe condition. Paragraphs (a) and 
(b) of this AD have been revised to cite Revision 1 of the service 
bulletin as the appropriate source of service information, and the 
inspection intervals have been revised to 400 flight hours. For 
operators that may have previously accomplished the initial inspections 
in accordance with the original issue of the service bulletin, ``NOTE 
3'' of the final rule has been revised to give credit for those 
actions.

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 50 airplanes of U.S. registry will be 
affected by this proposed AD, that it will take approximately 3 work 
hours per airplane to accomplish the actions, and that the average 
labor rate is $60 per work hour. Based on these figures, the cost 
impact of this AD on U.S. operators is estimated to be $9,000, or $180 
per airplane, per inspection cycle.
    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 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:

99-22-15  Dornier Luftfahrt GMBH: Amendment 39-11393. Docket 99-NM-
01-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

[[Page 59119]]

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 (d) 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 oil leakage from the roll spoiler actuators, which 
could result in incorrect roll spoiler operation and reduced 
controllability of the airplane, accomplish the following:
    (a) Within 14 days after the effective date of this AD, 
accomplish the requirements of paragraphs (a)(1) and (a)(2) of this 
AD on the left and right roll spoiler actuators, in accordance with 
Dornier Alert Service Bulletin ASB-328-27-025, Revision 1, dated 
September 22, 1999. Thereafter, repeat the inspections required by 
paragraphs (a)(1) and (a)(2) of this AD at intervals not to exceed 
400 flight hours.
    (1) Perform a detailed inspection to detect leakage of the area 
around the actuator cap and housing of the roll spoiler actuators. 
If leakage is found, prior to further flight, replace the actuator 
and the double shuttle valve with new or serviceable parts.
    (2) Perform a detailed inspection to detect flatness of the 
surface of the cap of the roll spoiler actuators. If the cap surface 
is not flat, prior to further flight, replace the actuator and the 
double shuttle valve with new or serviceable parts.
    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc. may be used. Surface cleaning and elaborate 
access procedures may be required.''

    (b) Within 14 days after the effective date of this AD, 
accomplish the requirements of paragraphs (b)(1) and (b)(2) of this 
AD on the left roll spoiler actuator, in accordance with Dornier 
Alert Service Bulletin ASB-328-27-025, Revision 1, dated September 
22, 1999. Thereafter, repeat the inspections required by paragraphs 
(b)(1) and (b)(2) of this AD at intervals not to exceed 400 flight 
hours.
    (1) Perform a detailed inspection to detect a gap between the 
cap of the roll spoiler actuator and the actuator housing. If any 
gap exists, prior to further flight, replace the actuator and the 
double shuttle valve with new or serviceable parts.
    (2) Perform a torque check of the housing cap attachment screws. 
If the torque is within the limits specified by the service 
bulletin, prior to further flight, torque the screws to 17.7 lb-in, 
in accordance with the alert service bulletin. If the torque is 
outside the limits specified by the service bulletin, prior to 
further flight, replace the left roll spoiler actuator and double 
shuttle valve with new or serviceable parts, in accordance with the 
alert service bulletin.
    (c) If any left roll spoiler actuator is replaced during any 
inspection required by paragraph (b)(1) or (b)(2) of this AD, prior 
to further flight, accomplish the requirements of (b)(1) and (b)(2) 
for the right roll spoiler actuator.

    Note 3: Accomplishment of the inspections 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-328-27-025, dated 
October 16, 1998, is acceptable for compliance with the initial 
inspections required by those paragraphs.

Alternate Methods of Compliance

    (d) 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.

Special Flight Permits

    (e) 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.

Incorporation by Reference

    (f) The actions shall be done in accordance with Dornier Alert 
Service Bulletin ASB-328-27-025, Revision 1, dated September 22, 
1999. 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 1998-479, dated December 17, 1998.

    (g) This amendment becomes effective on December 7, 1999.
    Issued in Renton, Washington, on October 22, 1999.

Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-28245 Filed 11-1-99; 8:45 am]
BILLING CODE 4910-13-U