[Federal Register Volume 65, Number 45 (Tuesday, March 7, 2000)]
[Rules and Regulations]
[Pages 11859-11861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4930]



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  Federal Register / Vol. 65, No. 45 / Tuesday, March 7, 2000 / Rules 
and Regulations  

[[Page 11859]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-59-AD; Amendment 39-11606; AD 2000-04-23]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 and -300 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Dornier Model 328-100 and -300 series 
airplanes. This action requires repetitive inspections to detect 
cracking of the trailing edge of the rudder spring tab, and follow-on 
actions, if necessary. For certain airplanes, this action provides for 
optional terminating action for the repetitive inspections. This 
amendment is prompted by issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. The actions 
specified in this AD are intended to prevent cracking of the rudder 
spring tab, which could result in reduced flutter margin and consequent 
loss of control of the airplane.

DATES: Effective March 22, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 22, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before April 6, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-59-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    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 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.

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: The Luftfahrt-Bundesamt (LBA), which is the 
airworthiness authority for Germany, notified the FAA that an unsafe 
condition may exist on certain Dornier Model 328-100 and -300 series 
airplanes. The LBA advises that it has received a report of 14 cracked 
rudder spring tabs found during production. Investigation conducted by 
the manufacturer revealed that the source of the cracks was the shape 
of the spring tab mold. When the mold was closed during production, 
layers of the spring tab at the trailing edge were partially exposed 
and subsequently improperly ground off in the paint shop, destroying 
one or more layers of the trailing edge. Further investigation by the 
manufacturer indicated that a spring tab having a crack longer than 750 
millimeters would have so little stiffness that the spring tab could 
flutter. This condition, if not corrected, could result in loss of 
control of the airplane.

Explanation of Relevant Service Information

    Dornier has issued Alert Service Bulletins ASB-328-55-028 (for 
Model 328-100 series airplanes) and ASB-328J-55-002 (for Model 328-300 
series airplanes), both dated October 29, 1999. These alert service 
bulletins describe procedures for an initial detailed visual inspection 
to detect cracking of a 2-inch length of the trailing edge of the 
rudder spring tab. Follow-on actions for a crack-free spring tab 
include the installation of high-speed tape on the trailing edge, 
repetitive visual checks of the tape to detect discrepancies (improper 
seat and damage), and replacement of discrepant tape with new tape. 
Corrective actions for a cracked spring tab include replacement with a 
new spring tab. These alert service bulletins further describe 
procedures for subsequent, more extensive, repetitive detailed visual 
inspections to detect cracking of the trailing edge of the rudder 
spring tab, and replacement of any cracked spring tab with a new spring 
tab.
    The LBA classified these service bulletins as mandatory and issued 
German airworthiness directives 2000-002 (for Model 328-100 series 
airplanes) and 2000-001 (for Model 328-300 series airplanes), both 
dated January 13, 2000, in order to ensure the continued airworthiness 
of these airplanes in Germany.
    Dornier has also issued Service Bulletin SB-328-55-307, dated 
December 1, 1999, which describes procedures for a one-time pressure 
test inspection, and permanent repair of any cracked spring tab. 
Accomplishment of these actions would eliminate the need for the 
repetitive inspections specified by Dornier Alert Service Bulletin ASB-
328-55-028.

FAA's Conclusions

    These airplane models are manufactured in Germany and are type 
certificated for operation in the United States under the provisions of 
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the LBA has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
LBA, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this AD is being issued to prevent cracking of 
the rudder spring tab, which could result in reduced flutter margin and 
consequent reduced structural integrity and loss of control of the 
airplane. This AD requires accomplishment of the actions specified in 
the alert service bulletins described

[[Page 11860]]

previously, except as discussed below. For Model 328-100 series 
airplanes, this AD also provides for an optional repair, which, if 
accomplished, would terminate the repetitive inspection requirement.

Differences Between the Rule and Relevant Service Information

    Operators should note that, unlike the procedures described in the 
alert service bulletins, this AD does not permit further flight if any 
cracking is detected in the spring tab. The FAA has determined that, 
because of the safety implications and consequences associated with 
such cracking, any subject spring tab that is found to be cracked must 
be replaced prior to further flight.
    Whereas this AD provides for optional terminating action for Model 
328-100 series airplanes, German airworthiness directive 2000-002 
offers no such provision. However, the FAA has since been advised by 
the LBA and Dornier that terminating action is available for Model 328-
100 series airplanes. Therefore, the FAA has determined that, for these 
airplanes, accomplishment of the pressure test inspection, and 
permanent repair of any cracked spring tab, as specified by Dornier 
Service Bulletin SB-328-55-307, dated December 1, 1999, is acceptable 
for terminating action for the repetitive inspections specified by 
Alert Service Bulletin ASB-328-55-028.
    The alert service bulletins recommend that the tape checks be 
repeated at every line check and that the repetitive detailed visual 
inspection be repeated at every A-check; however, the repetitive 
intervals required by this AD are specified in terms of flight hours or 
days, which generally correspond to operators' line check and A-check 
schedules. The FAA has determined that the required repetitive 
intervals represent the maximum interval of time allowable for the 
affected airplanes to continue to operate, prior to accomplishing the 
required inspections, without compromising safety. Because maintenance 
schedules may vary from operator to operator, there would be no 
assurance that inspections accomplished according to a particular 
operator's line check or A-check schedule would be accomplished during 
the maximum allowable intervals.

Interim Action

    This is considered to be interim action for Model 328-300 series 
airplanes. The manufacturer has advised that it currently is developing 
procedures that will positively address the unsafe condition addressed 
by this AD for these airplanes. Once these procedures are developed, 
approved, and available, the FAA may consider additional rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-59-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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:

2000-04-23  Dornier Luftfahrt GMBH: Amendment 39-11606. Docket 2000-
NM-59-AD.

    Applicability: Model 328-100 series airplanes, serial numbers 
3005 through 3119 inclusive; and Model 328-300 series airplanes, 
serial numbers 3108 through 3123 inclusive, and 3125 through 3128 
inclusive; 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 (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by

[[Page 11861]]

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 cracking of the rudder spring tab, which could result 
in reduced flutter margin and consequent loss of control of the 
airplane, accomplish the following:

Initial Inspection

    (a) Within 14 days after the effective date of this AD, perform 
a detailed visual inspection to detect cracking of the trailing edge 
of the rudder spring tab, in accordance with Figure 1 of Dornier 
Alert Service Bulletin ASB-328-55-028 (for Model 328-100 series 
airplanes) or ASB-328J-55-002 (for Model 328-300 series airplanes), 
both dated October 29, 1999; as applicable.
    (1) If no crack is detected, accomplish the actions specified by 
paragraphs (a)(1)(i) and (a)(1)(ii) of this AD.
    (i) Prior to further flight, install high-speed tape on the 
trailing edge, in accordance with the applicable alert service 
bulletin.
    (ii) Within 60 flight hours or 15 days after installation of the 
tape, whichever occurs first, perform a general visual inspection to 
detect discrepancies of the tape (including improper seat and 
damage), in accordance with the applicable alert service bulletin.
    (A) If no discrepancy is found, repeat the general visual 
inspection of the tape thereafter at intervals not to exceed 60 
flight hours or 15 days, whichever occurs first, until the 
requirements of paragraph (b) of this AD have been accomplished.
    (B) If any discrepancy is found, prior to further flight, 
replace the tape with new tape, and repeat the general visual 
inspection of the tape thereafter at intervals not to exceed 60 
flight hours or 15 days, whichever occurs first, until the 
requirements of paragraph (b) of this AD have been accomplished.
    (2) If any crack is detected, prior to further flight, replace 
the spring tab with a new spring tab, in accordance with the 
applicable alert service bulletin.

    Note 2: For the purposes of this AD, a detailed visual 
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.''


    Note 3: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light, and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Repetitive Inspection

    (b) Within 400 flight hours after the effective date of this AD; 
or within 400 flight hours after tab replacement in accordance with 
paragraph (a)(2) of this AD, if required; whichever occurs later: 
Perform a detailed visual inspection to detect cracking of the 
trailing edge of the rudder spring tab, in accordance with Figure 2 
of Dornier Alert Service Bulletin ASB-328-55-028 (for Model 328-100 
series airplanes) or ASB-328J-55-002 (for Model 328-300 series 
airplanes), both dated October 29, 1999; as applicable. 
Accomplishment of the requirements of this paragraph within the 
compliance time required for paragraph (a) of this AD constitutes 
terminating action for the requirements of paragraph (a) of this AD.
    (1) If no crack is detected, repeat the detailed visual 
inspection required by paragraph (b) of this AD at intervals not to 
exceed 400 flight hours.
    (2) If any crack is detected, prior to further flight, replace 
the spring tab with a new spring tab, in accordance with the 
applicable alert service bulletin. Thereafter, repeat the detailed 
visual inspection required by paragraph (b) of this AD at intervals 
not to exceed 400 flight hours.

Optional Terminating Action

    (c) For Model 328-100 series airplanes: Accomplishment of the 
pressure test inspection of the spring tab, and applicable 
corrective actions, in accordance with Dornier Service Bulletin SB-
328-55-307, dated December 1, 1999, constitutes terminating action 
for the requirements of paragraphs (a) and (b) of this AD.

Spares

    (d) As of the effective date of this AD, no person shall install 
on any airplane a spring tab, part number (P/N) 001A554A1706-000 
(for Model 328-100 series airplanes) or P/N 001A554A1706-000 (for 
Model 328-300 series airplanes), unless that spring tab has been 
inspected in accordance with the requirements of this AD.

Alternative Methods of Compliance

    (e) 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

    (f) 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

    (g) The actions shall be done in accordance with Dornier Alert 
Service Bulletin ASB-328-55-028 (for Model 328-100 series 
airplanes), dated October 29, 1999; or Dornier Alert Service 
Bulletin ASB-328J-55-002 (for Model 328-300 series airplanes), dated 
October 29, 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 directives 2000-002 (for Model 328-100 series 
airplanes) and 2000-001 (for Model 328-300 series airplanes), both 
dated January 13, 2000.

    (h) This amendment becomes effective on March 22, 2000.

    Issued in Renton, Washington, on February 24, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-4930 Filed 3-6-00; 8:45 am]
BILLING CODE 4910-13-U