[Federal Register Volume 65, Number 168 (Tuesday, August 29, 2000)]
[Proposed Rules]
[Pages 52365-52367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-112-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all Dornier Model 328-100 
series airplanes, that currently requires revising the Airplane Flight 
Manual (AFM) to provide the flightcrew with additional information 
regarding procedures to ensure complete pressurization of the hydraulic 
lines for the flaps. This action would require revising the existing 
AFM revision to include a flap system test to be performed prior to the 
first flight of the day. This action also would add a requirement, for 
certain airplanes, for modification of the flap actuators of the flight 
controls. This proposal is prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The actions specified by the proposed AD are intended to prevent an 
uncommanded retraction of the flaps during takeoff, which could result 
in an aborted takeoff and consequent potential for runway overrun.

DATES: Comments must be received by September 28, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-112-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-112-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule 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.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-112-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-112-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On October 19, 1998, the FAA issued AD 98-22-07, amendment 39-10854 
(63 FR 57244, October 27, 1998), applicable to all Dornier Model 328-
100 series airplanes, to require revising the Airplane Flight Manual 
(AFM) to provide the flightcrew with additional information regarding 
procedures to ensure complete pressurization of the hydraulic lines for 
the flaps. That action was prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The requirements of that AD are intended to prevent an uncommanded 
retraction of the flaps during takeoff, which could result in an 
aborted takeoff and consequent potential for runway overrun.

[[Page 52366]]

Actions Since Issuance of Previous Rule

    In the preamble to AD 98-22-07, the FAA specified that the actions 
required by that AD were considered to be ``interim action'' and that 
the FAA may consider further rulemaking action. The manufacturer now 
has developed a hardware modification to install a locking collar and 
locking sleeve at the actuator cylinder. The Luftfahrt-Bundesamt (LBA), 
which is the airworthiness authority for Germany, advises that the 
modification is intended to prevent uncommanded retraction of the 
flaps. The FAA has determined that further rulemaking is necessary, to 
require the modification on affected airplanes; this proposed AD 
follows from that determination.

Explanation of Relevant Service Information

    The manufacturer has issued Dornier 328 All Operators Telefax (AOT) 
AOT-328-27-016, Revision 1, dated October 28, 1998. The AOT describes 
procedures for revising the Normal and Abnormal Procedures Sections of 
the AFM to provide the flightcrew with additional information for 
resetting the flap system to ensure complete pressurization of the 
hydraulic lines for the flaps. This revision also includes a flap 
system test to be performed prior to the first flight of the day.
    The manufacturer also has issued Dornier 328 Service Bulletin SB-
328-27-293, dated November 10, 1999, which describes procedures for 
modification of the flap actuators of the flight controls. The 
modification involves installation of a locking collar and a locking 
sleeve at the actuator cylinder. The LBA classified the AOT and service 
bulletin as mandatory and issued German airworthiness directive 1998-
359/3, dated April 6, 2000, in order to assure the continued 
airworthiness of these airplanes in Germany.
    The Dornier service bulletin references Liebherr Aerospace Service 
Bulletin 1048A-27-02, dated November 9, 1999, as an additional source 
of service information for accomplishing the modification of the flap 
actuators of the flight controls.

FAA's Conclusions

    This airplane model is manufactured in Germany and is type 
certificated for operation in the United States under the provisions of 
section 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 Proposed 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, the proposed AD would supersede the requirements 
of AD 98-22-07. This proposed AD would require revising the previously 
required AFM revision to include a flap system test to be performed 
prior to the first flight of the day. The proposed AD also would add a 
requirement, for certain airplanes, for modification of the flap 
actuators of the flight controls. The actions would be required to be 
accomplished in accordance with the service information described 
previously.

Cost Impact

    There are approximately 52 series airplanes of U.S. registry that 
would be affected by this proposed AD.
    The AFM revision that is currently required by AD 98-22-07, and 
retained in this AD, takes approximately 1 work hour per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the currently required actions on 
U.S. operators is estimated to be $3,120, or $60 per airplane.
    The new AFM revision that is proposed in this AD action would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the proposed AFM revision on U.S. operators is estimated to 
be $3,120, or $60 per airplane.
    The new modification that is proposed in this AD action would take 
approximately 4 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would be provided by 
the manufacturer at no cost to the operators. Based on these figures, 
the cost impact of the proposed modification on U.S. operators is 
estimated to be $240 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 removing amendment 39-10854 (63 FR 
57244, October 27, 1998), and by adding a new airworthiness directive 
(AD), to read as follows:

Dornier Luftfahrt GMBH: Docket 2000-NM-112-AD. Supersedes AD 98-22-
07, Amendment 39-10854.

    Applicability: All Model 328-100 series airplanes, certificated 
in any category.


[[Page 52367]]


    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 (d)(1) 
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 an uncommanded retraction of the flaps during 
takeoff, which could result in an aborted takeoff and consequent 
potential for runway overrun, accomplish the following:

Restatement of Requirements of AD 98-22-07

Airplane Flight Manual (AFM) Revision

    (a) Within 14 days after November 12, 1998 (the effective date 
of AD 98-22-07, amendment 39-10854), accomplish the requirements of 
paragraphs (a)(1) and (a)(2) of this AD.
    (1) Revise the Normal Procedures Section of the Dornier 328 FAA-
approved Airplane Flight Manual (AFM) to include the information 
specified in pages 6 and 7 of Dornier 328 All Operators Telefax 
(AOT) AOT-328-27-016, dated July 31, 1998. This may be accomplished 
by inserting a copy of pages 6 and 7 of the AOT into the AFM.
    (2) Revise the Abnormal Procedures Section of the Dornier 328 
FAA-approved AFM to include the information specified in page 4 of 
Dornier 328 AOT-328-27-016, dated July 31, 1998. This may be 
accomplished by inserting a copy of page 4 of the AOT into the AFM.

New Requirements of This AD

New AFM Revision

    (b) For all airplanes: Within 3 days after the effective date of 
this AD, revise the Dornier 328 FAA-approved AFM as specified in 
paragraphs (b)(1) and (b)(2) of this AD. Concurrent with this AFM 
revision, remove the AFM revisions required by paragraph (a) of this 
AD from the AFM.
    (1) Revise the Normal Procedures Section to include the 
information specified in pages 4, 5, and 6 of Dornier 328 All 
Operators Telefax (AOT) AOT-328-27-016, Revision 1, dated October 
28, 1998. This may be accomplished by inserting a copy of pages 4, 
5, and 6 of the AOT into the AFM.
    (2) Revise the Abnormal Procedures Section to include the 
information specified in page 3 of Dornier 328 AOT-328-27-016, 
Revision 1, dated October 28, 1998. This may be accomplished by 
inserting a copy of page 3 of the AOT into the AFM.

Modification

    (c) For airplanes with serial numbers 3005 through 3099 
inclusive, 3101 through 3108 inclusive, and 3110 through 3119 
inclusive: Within 5 months after the effective date of this AD, 
modify the flap actuators of the flight controls, in accordance with 
Dornier 328 Service Bulletin SB-328-27-293, dated November 10, 1999.

    Note 2: The Dornier service bulletin references Liebherr 
Aerospace Service Bulletin 1048A-27-02, dated November 9, 1999, as 
an additional source of service information for accomplishing the 
modification of the flap actuators of the flight controls.

Alternative Methods of Compliance

    (d)(1) 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.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 98-22-07, amendment 39-10854, are approved as 
alternative methods of compliance with paragraph (a) of this AD.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Manager, International Branch, ANM-116.

Special Flight Permits

    (e) 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.

    Note 4: The subject of this AD is addressed in German 
airworthiness directive 1998-359/3, dated April 6, 2000.


    Issued in Renton, Washington, on August 23, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-21993 Filed 8-28-00; 8:45 am]
BILLING CODE 4910-13-P