[Federal Register Volume 64, Number 218 (Friday, November 12, 1999)]
[Rules and Regulations]
[Pages 61491-61493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29330]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-110-AD; Amendment 39-11408; AD 99-23-12]
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 to detect damage and discrepancies of various 
control cables and certain fairleads/swivel guides for the autopilot, 
elevator, rudder, aileron, and engine; 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 pilot's control cables for the autopilot, elevator, 
rudder, aileron, and engine, which could result in reduced 
controllability of the airplane.

DATES: Effective December 17, 1999.

    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 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 as a supplemental notice of proposed rulemaking 
(NPRM) in the Federal Register on February 26, 1999 (64 FR 9453). That 
action proposed to require repetitive inspections for chafing of 
various control cables, and replacement of any chafed cable with a 
serviceable cable. That action also proposed to expand the areas to be 
inspected to detect damage and discrepancies, and provide for 
corrective action, if necessary; add a requirement for repetitive 
inspections of certain fairleads/swivel guides to detect damage and 
other discrepancies, and corrective action, if necessary; and extend 
the compliance time for the initial inspections.

Comments

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

[[Page 61492]]

Request To Extend Inspection Interval

    One commenter requests that the proposed AD be revised to require 
repetitive inspections at intervals of 3,000 flight hours rather than 
1,500 flight hours. The commenter states that its inspection results 
normally reveal cable or cable run wear close to limits, but rarely are 
any cable strands found to be broken. The commenter states that with 
these results, and with the conservatism that the manufacturer has 
incorporated into the maintenance manual, a 3,000-flight-hour interval 
is justified.
    The FAA does not concur. The proposed inspection interval is based 
on the manufacturer's review of in-service data. The manufacturer has 
advised the FAA that it is assessing the validity of extending the 
inspection interval to 3,000 flight hours based on laboratory testing 
and additional in-service experience, but does not yet recommend such 
an extension. Based on this information, the FAA has determined that 
the current inspection interval of 1,500 flight hours is appropriate. 
No change is made to the AD.

Modifications Available for Extension of Inspection Interval

    One commenter, the manufacturer, advises the FAA that certain 
technical solutions are in place that would allow the inspection 
interval in the supplemental NPRM to be extended from 1,500 flight 
hours to 4,000 flight hours. These technical solutions are provided in 
four service bulletins, described below.
     Dornier Service Bulletin SB-328-76-152, which describes 
procedures for modification of the fairleads in the wing/nacelle 
firewall.
     Dornier Service Bulletin SB-328-76-168, which describes 
procedures for modification of the mounting brackets of the control 
cable pulleys in the pulley box.
     Dornier Service Bulletin SB-328-27-253, which describes 
procedures for installation of improved fairleads at frames 15 and 19.
     Honeywell Service Bulletin 4005842-22-3, which describes 
procedures for introduction of improved autopilot servo drums.
    The commenter states that incorporation of these service bulletins 
would allow alignment of the inspection intervals imposed by Dornier 
Alert Service Bulletin ASB-328-00-011, Revision 1, dated June 5, 1996, 
to each ``C'' check interval of 4,000 flight hours, in accordance with 
Dornier's recently revised Maintenance Review Board (MRB) documents. 
Dornier Alert Service Bulletin ASB-328-00-011, Revision 1, was cited in 
this supplemental NPRM as the appropriate source of service information 
for accomplishing the required actions.
    The FAA infers that the commenter is requesting that the AD be 
revised to allow for an extension of the inspection interval if an 
operator chooses to accomplish the modifications in the four service 
bulletins previously described. The FAA does not concur. The commenter 
did not provide substantiating data to indicate that accomplishment of 
the modifications constitutes an acceptable method that would allow 
extension of the inspection interval. Dornier has since advised the FAA 
that Service Bulletin ASB-328-00-011 is in the process of revision to 
reference the modifications and provide details of the interval 
extension. Since the service bulletin revision is not currently 
available, the FAA does not consider it appropriate to further delay 
issuance of this final rule while awaiting information regarding the 
acceptability of the modifications as a means of extending the 
inspection intervals. However, once such a method is available and 
approved, operators may request approval of an alternative method of 
compliance to allow accomplishment of the modifications as a method 
that would allow extension of the inspection intervals required by this 
AD.

Request To Include Terminating Action

    The same commenter advises the FAA of technical solutions currently 
under development that would provide terminating action to the 
requirements of the supplemental NPRM. Three new Dornier Service 
Bulletins, SB-328-27-290, SB-328-27-291, and SB-328-27-292, when 
issued, will describe procedures for further improvements to prevent 
autopilot cable chafing. The commenter requests an additional 60 days 
to submit the related technical data for consideration to be included 
in the final rule. Including these actions in the AD would provide a 
terminating action for operators and would eliminate the need for 
future AD revisions.
    The FAA does not concur. At the time the comment was submitted, the 
commenter expected that these service bulletins would be issued by June 
1999. After further discussions with Dornier, the FAA has been advised 
that the three new service bulletins have not yet been issued. Due to 
problems with availability of materials, the estimated date of issuance 
for the service bulletins is now December 1999. In light of this 
information, the FAA does not consider it appropriate to further delay 
issuance of the final rule. Once these service bulletins are available 
and approved, operators may request approval of an alternative method 
of compliance to allow accomplishment of the modifications as a 
terminating action for the repetitive inspection requirements of this 
AD. No change is made to the final rule.

Conclusion

    After careful review of the available data, including the comments 
noted above, 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 51 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 6 work hours per 
airplane to accomplish the required actions, 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 $18,360, or $360 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.

[[Page 61493]]

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:

99-23-12  Dornier Luftfahrt GmbH: Amendment 39-11408. Docket 96-NM-
110-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 pilot's control cables for the 
autopilot, elevator, rudder, aileron, and engine, which could result 
in reduced controllability of the airplane, accomplish the 
following:

Inspections and Corrective Actions

    (a) Prior to the accumulation of 3,000 total flight hours, or 
within 200 flight hours after the effective date of this AD, 
whichever occurs later: Perform detailed visual inspections to 
detect damage (extensive wear and broken wires) and discrepancies 
(incorrect installation and misalignment) of the control cables and 
fairleads/swivel guides for the autopilot, elevator, rudder, 
aileron, and engine; as applicable; in accordance with Dornier Alert 
Service Bulletin ASB-328-00-011, Revision 1, dated June 5, 1996. 
Repeat the inspections thereafter at intervals not to exceed 1,500 
flight hours.
    (1) If any damage is found that exceeds the limits specified in 
the alert service bulletin, prior to further flight, replace the 
damaged cable with a new or serviceable cable, in accordance with 
the alert service bulletin.
    (2) If any discrepancy is found, prior to further flight, 
perform applicable corrective actions, in accordance with the alert 
service bulletin.

Tension Adjustment of Control Cables

    (b) Concurrent with the initial inspection required by paragraph 
(a) of this AD, perform a one-time adjustment of the tension in the 
autopilot control cables, in accordance with Dornier Alert Service 
Bulletin ASB-328-00-011, Revision 1, dated June 5, 1996.

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-328-00-011, Revision 1, dated June 5, 1996. 
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 3: The subject of this AD is addressed in German 
airworthiness directive 96-001/2, dated August 15, 1996.

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

    Issued in Renton, Washington, on November 3, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-29330 Filed 11-10-99; 8:45 am]
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