[Federal Register Volume 65, Number 70 (Tuesday, April 11, 2000)]
[Rules and Regulations]
[Pages 19313-19315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8517]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-40-AD; Amendment 39-11658; AD 2000-07-04]
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 certain Dornier Model 328-100 series airplanes, that 
requires repetitive tests of the flight idle backup system of the 
propeller control system; repetitive inspections to determine the level 
of wear of the pins and bushings of the cam followers on the power 
lever rods of the engine controls; and follow-on corrective actions, if 
necessary. This amendment also requires eventual replacement of the 
power lever and condition lever rods of the engine controls with new, 
improved parts, which constitutes terminating action for the repetitive 
tests and inspections. 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 flight idle backup system. In the event of 
failure of the primary propeller control system, such failure of the 
flight idle backup system could lead to uncommanded movement of the 
pitch of the propeller blade to below flight idle and into reverse 
thrust during flight, and consequent reduced controllability of the 
airplane.

DATES: Effective May 16, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 16, 2000.

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 certain Dornier Model 328-100 
series airplanes was published in the Federal Register on June 11, 1999 
(64 FR 31520). That action proposed to require repetitive tests of the 
flight idle backup system of the propeller control system; repetitive 
inspections to determine the level of wear of the pins and bushings of 
the cam followers on the power lever rods of the engine controls; and 
follow-on corrective actions, if necessary. That action also proposed 
to require eventual

[[Page 19314]]

replacement of the power lever and condition lever rods of the engine 
controls with new, improved parts, which constitutes terminating action 
for the repetitive tests and inspections.

Comment Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.
    The commenter, the manufacturer, requests that paragraph (a) of the 
proposed AD be revised. The commenter states that, by requiring FAA or 
Luftfahrt-Bundesamt (LBA) approval if any discrepancy is discovered 
during the flight idle backup test required by paragraph (a), the AD 
would impose an undue hardship against operators of Dornier Model 328-
100 series airplanes. The commenter suggests that paragraph (a) be 
revised to specify that if any discrepancy is detected, the inspection 
required by paragraph (b) should be performed prior to further flight. 
The commenter further suggests that, if Type C wear is found during 
that inspection, the power lever microswitches should be adjusted or 
calibrated; if Type A or B wear is found, the rod should be replaced 
per paragraph (f) of the AD, or the pin and bushing should be replaced 
as specified in paragraph C, section 6, of Dornier Alert Service 
Bulletin ASB 328-76-024, Revision 1, dated August 5, 1998 (which was 
cited as the appropriate source of service information for 
accomplishment of the inspections).
    The FAA partially concurs. The FAA concurs that, if any discrepancy 
is found during the test required by paragraph (a) of the AD, 
accomplishment of the inspection required by paragraph (b) of the AD 
prior to further flight, with applicable corrective actions, 
constitutes an acceptable alternative to immediate repair in accordance 
with an FAA- or LBA-approved method. The FAA does not concur with the 
request to revise paragraph (a) to require such action solely, since 
both methods constitute acceptable corrective actions. To require only 
accomplishment of paragraph (b), and follow-on actions, as the 
commenter suggests, would also necessitate a reopening of the comment 
period, and thus further delay issuance of the final rule.
    However, the FAA has determined that such an option may be 
incorporated into the AD as an alternative method of compliance to the 
repair required by paragraph (a). A new paragraph (a)(2) has been 
included in the final rule to specify such an option, with the 
provision that adjustment or calibration of the power lever 
microswitches must also be accomplished if Type C wear is found. 
Regarding findings of Type A or B wear, the FAA considers the existing 
follow-on corrective actions specified in paragraphs (c) and (d) of the 
AD to be adequate [those actions are required depending on the type of 
wear found during the inspection required by paragraph (b) of the AD]. 
Additionally, since replacement of all rods with improved rods is 
already an acceptable terminating action for the requirements of the 
AD, as specified in paragraph (f) of the AD, operators may choose to 
accomplish such corrective action at an earlier time if desired. No 
change is made to the final rule in regard to findings of Type A or B 
wear.

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 AD.
    It will take approximately 1 work hour per airplane to accomplish 
the required test, and that the average labor rate is $60 per work 
hour. Based on these figures, the cost impact of the test required by 
this AD on U.S. operators is estimated to be $3,000, or $60 per 
airplane, per test cycle.
    It will take approximately 1 work hour per airplane to accomplish 
the required inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the inspection required by 
this AD on U.S. operators is estimated to be $3,000, or $60 per 
airplane, per inspection cycle.
    It will take approximately 10 work hours per airplane to accomplish 
the required replacement, at an average labor rate of $60 per work 
hour. Required parts will be provided by the manufacturer at no cost to 
the operators. Based on these figures, the cost impact of the 
replacement required by this AD on U.S. operators is estimated to be 
$30,000, or $600 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 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.
    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:

2000-07-04  Dornier Luftfahrt GMBH: Amendment 39-11658. Docket 99-
NM-40-AD.

    Applicability: Model 328-100 series airplanes having serial 
numbers (S/N) 3005 through 3098 inclusive, and S/N 3100, 3103, 3104, 
3106, 3107, 3109, and 3110, on which Dornier Service Bulletin SB-
328-76-268, dated August 11, 1998, or Revision 1, dated December 9, 
1998, has not been accomplished; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been

[[Page 19315]]

otherwise 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 (g) 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 flight idle backup system, which, in 
the event of failure of the primary propeller control system, could 
lead to uncommanded movement of the pitch of the propeller blade to 
below flight idle and into reverse thrust during flight, and 
consequent reduced controllability of the airplane, accomplish the 
following:

Flight Idle Backup Test

    (a) Prior to the accumulation of 3,000 total flight hours, or 
within 3 days after the effective date of this AD, whichever occurs 
later, perform a test of the flight idle backup system of the 
propeller control system in accordance with Dornier Alert Service 
Bulletin ASB-328-76-024, Revision 1, dated August 5, 1998. If any 
discrepancy is detected, prior to further flight, accomplish the 
actions required by either paragraph (a)(1) or (a)(2) of this AD. 
Repeat the test thereafter at intervals not to exceed 1 day until 
accomplishment of the requirements of paragraph (c), (d), (e), or 
(f), as applicable.
    (1) Repair in accordance with a method approved by either the 
Manager, International Branch, ANM-116, FAA, Transport Airplane 
Directorate; or the Luftfahrt-Bundesamt (LBA) (or its delegated 
agent). Or
    (2) Accomplish the inspection required by paragraph (b) of this 
AD, and the applicable follow-on corrective actions required by 
paragraph (c), (d), or (e) of the AD; AND, if Type C wear is found 
during the inspection required by paragraph (b), prior to further 
flight, adjust or calibrate the power lever microswitches in 
accordance with Dornier Airplane Maintenance Manual JIC 76-11-05-
820-000.

Inspection of Cam Followers of Power Lever Rods

    (b) Prior to the accumulation of 3,000 total flight hours, or 
within 7 days after the effective date of this AD, whichever occurs 
later, perform a detailed visual inspection to determine the level 
of wear of the pins and bushings of the cam followers of the power 
lever rods of the engine controls, in accordance with Dornier Alert 
Service Bulletin ASB-328-76-024, Revision 1, dated August 5, 1998. 
Classify the level of wear for each power lever rod as specified in 
paragraphs (b)(1), (b)(2), and (b)(3) and accomplish the 
requirements of paragraph (c), (d), or (e) of this AD, as 
applicable, at the times specified in that paragraph.
    (1) Type A wear: The bushing is worn such that the pin is 
visible in one or more locations.
    (2) Type B wear: The bushing is worn, but the pin is not 
visible.
    (3) Type C wear: The bushing is not worn.

Corrective Actions

    (c) For power lever rods on which Type A wear is detected during 
the inspection required by paragraph (b) of this AD: Within 900 
flight hours after accomplishment of that inspection, accomplish the 
requirements of paragraph (c)(1) or (c)(2) of this AD in accordance 
with Dornier Alert Service Bulletin ASB-328-76-024, Revision 1, 
dated August 5, 1998. Accomplishment of paragraph (c)(1) or (c)(2) 
terminates the tests required by paragraph (a) of this AD for that 
power lever rod only.
    (1) Replace the power lever rod with a new power lever rod.
    (2) Replace the pins and bushings with new pins and bushings, 
and accomplish paragraphs (c)(2)(i) and (c)(2)(ii) of this AD.
    (i) Thereafter, accomplish follow-on inspections and corrective 
actions (i.e. inspections for wear or looseness of the replaced pins 
and bushings), at the times and in accordance with the 
Accomplishment Instructions of the alert service bulletin; and,
    (ii) Within 900 flight hours after replacement of the pins and 
bushings, replace the power lever rod with a new power lever rod.
    (d) For power lever rods on which Type B wear is detected during 
the inspection required by paragraph (b) of this AD: Thereafter, 
accomplish follow-on inspections and corrective actions at the times 
and in accordance with the Accomplishment Instructions of Dornier 
Alert Service Bulletin ASB-328-76-024, Revision 1, dated August 5, 
1998, until the requirements of paragraph (f) of this AD are 
accomplished.
    (e) For power lever rods on which Type C wear is detected during 
the inspection required by paragraph (b) of this AD: Determination 
of Type C wear terminates the tests required by paragraph (a) of 
this AD for that power lever rod only. Thereafter, accomplish 
follow-on inspections and corrective actions at the times and in 
accordance with the Accomplishment Instructions of Dornier Alert 
Service Bulletin ASB-328-76-024, Revision 1, dated August 5, 1998, 
until the requirements of paragraph (f) of this AD are accomplished.

Terminating Action

    (f) Within 6 months after the effective date of this AD: Replace 
the power lever and condition lever rods of the engine controls with 
new, improved parts in accordance with Dornier Service Bulletin SB-
328-76-268, Revision 1, dated December 9, 1998. Accomplishment of 
the replacement constitutes terminating action for the requirements 
of this AD.

    Note 2: Replacement of the power lever and condition lever rods 
accomplished prior to the effective date of this AD in accordance 
with Dornier Service Bulletin SB-328-76-268, dated August 11, 1998, 
is considered acceptable for compliance with paragraph (f) of this 
AD.

Alternative Methods of Compliance

    (g) 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. 
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 3: 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

    (h) 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

    (i) Except as required by paragraphs (a)(1) and (a)(2) of this 
AD, the actions shall be done in accordance with Dornier Alert 
Service Bulletin ASB-328-76-024, Revision 1, dated August 5, 1998; 
and Dornier Service Bulletin SB-328-76-268, Revision 1, dated 
December 9, 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, 1601 Lind Avenue, SW., Renton, Washington; or 
at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.

    Note 4: The subject of this AD is addressed in German 
airworthiness directive 1998-344/3, dated February 11, 1999.

    (j) This amendment becomes effective on May 16, 2000.

    Issued in Renton, Washington, on March 31, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-8517 Filed 4-10-00; 8:45 am]
BILLING CODE 4910-13-U