[Federal Register Volume 66, Number 80 (Wednesday, April 25, 2001)]
[Rules and Regulations]
[Pages 20737-20739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9877]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-67-AD; Amendment 39-12190; AD 2000-26-09 R1]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment revises an existing airworthiness directive 
(AD), applicable to all Dornier Model 328-100 series airplanes, that 
currently requires revising the Airworthiness Limitations Section of 
the Instructions for Continued Airworthiness to incorporate life limits 
for certain items and inspections to detect fatigue cracking in certain 
structures. This amendment adds information pertaining to certain 
material incorporated by reference. This amendment is prompted by the 
issuance of revisions to the Dornier 328 Airworthiness Limitations 
Document. The actions specified by this AD are intended to ensure that 
fatigue cracking of certain structural elements is detected and 
corrected; such fatigue cracking could adversely affect the structural 
integrity of these airplanes.

DATES: Effective February 7, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of May 10, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before May 25, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-67-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. 2001-NM-67-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 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: Tom Groves; Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1503; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: On December 22, 2000, the FAA issued AD 
2000-26-09, amendment 39-12059 (66 FR 265, January 3, 2001), applicable 
to all Dornier Model 328-100 series airplanes, to require revising the 
Airworthiness Limitations Section of the Instructions for Continued 
Airworthiness to incorporate life limits for certain items and 
inspections to detect fatigue cracking in certain structures. That 
action was prompted by issuance of revisions to the Dornier 328 
Airworthiness Limitations Document. The actions required by that AD are 
intended to ensure that fatigue cracking of certain structural elements 
is detected and corrected; such fatigue cracking could adversely affect 
the structural integrity of these airplanes.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the FAA notes that we inadvertently 
did not provide information pertaining to the incorporation by 
reference of certain materials. The incorporation by reference of 
certain materials allows Federal agencies to comply with the 
requirement to publish rules in the Federal Register by referring to 
materials already published elsewhere. The legal effect of 
incorporation by reference is that the material is treated as if it 
were published in the Federal Register. This material, like any other 
properly issued rule, has the force and effect of law. Congress 
authorized incorporation by reference in the Freedom of Information Act 
to reduce the volume of material published in the Federal Register and 
Code of Federal Regulations (CFR).

FAA's Findings

    The FAA has revised AD 2000-26-09 to incorporate by reference 
Revision 13 of the Dornier 328 Airworthiness Limitations Document (ALD) 
TM-ALD-010693-ALL, dated July 25, 1997, and certain Temporary Revision 
(TR) documents into the Airworthiness Limitations Section (ALS), which 
were referenced in that AD as the appropriate source documents 
necessary to accomplish the requirements of that AD. We have revised 
that AD to include that information by adding a new paragraph (e) to 
this revised AD, and have renumbered the subsequent paragraph 
accordingly.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or

[[Page 20738]]

develop on other airplanes of the same type design registered in the 
United States, this AD revises AD 2000-26-09 to continue to require 
revising the Dornier 328 Airworthiness Limitations Document to 
incorporate life limits for certain items and inspections to detect 
fatigue cracking in certain structures. This revised AD adds 
information, as discussed above, pertaining to certain material 
incorporated by reference.

Determination of Rule's Effective Date

    The FAA has determined that this AD action has no adverse economic 
impact on any person, does not impose any new requirements or provide 
any additional burden on any person, in order to accomplish the 
requirements of this AD. Therefore, prior notice and public procedures 
hereon are unnecessary and this amendment is made effective as of 
February 7, 2001 (the effective date of AD 2000-26-09).

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.
    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 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 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 2001-NM-67-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 removing amendment 39-12059 (66 FR 
265, January 3, 2001), and by adding a new airworthiness directive 
(AD), amendment 39-12190, to read as follows:

2000-26-09 R1  Dornier Luftfahrt GMBH: Amendment 39-12190. Docket 
2001-NM-67-AD. Revises AD 2000-26-09, Amendment 39-12059.

    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 ensure continued structural integrity of these airplanes, 
accomplish the following:

Airworthiness Limitations Revision

    (a) Within 30 days after the effective date of this AD, revise 
the Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness by incorporating Revision 13 of the Dornier 
328 Airworthiness Limitations Document (ALD), TM-ALD-010693-ALL, 
dated July 25, 1997, and the Temporary Revision (TR) documents into 
the Airworthiness Limitations Section (ALS) listed in Table 1, as 
follows:

                      Table 1.--Temporary Revisions
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                TR No.                           Date of issue
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TR ALD-042...........................  January 31, 1997.
TR ALD-048...........................  May 12, 1998.
TR ALD-050...........................  October 2, 1997.
TR ALD-052...........................  December 11, 1997.
TR ALD-053...........................  April 29, 1998.
TR ALD-054...........................  May 12, 1998.
TR ALD-055...........................  May 26, 1998.
TR ALD-056...........................  July 22, 1998.
TR ALD-057...........................  October 23, 1998.
TR ALD-059...........................  December 11, 1998.
TR ALD-062...........................  May 18, 1999.
TR ALD-063...........................  August 10, 1999.
TR ALD-064...........................  October 10, 1999.
TR ALD-065...........................  November 26, 1999.
TR ALD-067...........................  February 7, 2000.
TR ALD-068...........................  February 4, 2000.
TR ALD-070...........................  May 25, 2000.
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    Note 2: When the TR documents have been incorporated into the 
latest issue of the general revisions of the ALD, the general 
revisions may be incorporated into the ALS, provided that the 
information contained in the general revisions is identical to that 
specified in the TR documents.

    (b) Except as provided in paragraph (c) of this AD: After the 
actions specified in

[[Page 20739]]

paragraph (a) of this AD have been accomplished, no alternative 
inspections or inspection intervals may be approved for the 
structural elements specified in the documents listed in paragraph 
(a) of this AD.

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 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

    (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 Revision 13 of 
the Dornier 328 Airworthiness Limitations Document, TM-ALD-010693-
ALL, dated July 25, 1997; and the Dornier Temporary Revisions listed 
in Table 2, as follows:

                      Table 2.--Temporary Revisions
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                TR No.                           Date of issue
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TR ALD-042...........................  January 31, 1997.
TR ALD-048...........................  May 12, 1998.
TR ALD-050...........................  October 2, 1997.
TR ALD-052...........................  December 11, 1997.
TR ALD-053...........................  April 29, 1998.
TR ALD-054...........................  May 12, 1998.
TR ALD-055...........................  May 26, 1998.
TR ALD-056...........................  July 22, 1998.
TR ALD-057...........................  October 23, 1998.
TR ALD-059...........................  December 11, 1998.
TR ALD-062...........................  May 18, 1999.
TR ALD-063...........................  August 10, 1999.
TR ALD-064...........................  October 10, 1999.
TR ALD-065...........................  November 26, 1999.
TR ALD-067...........................  February 7, 2000.
TR ALD-068...........................  February 4, 2000.
TR ALD-070...........................  May 25, 2000.
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Revision 13 of the Dornier Airworthiness Limitations Document TM-
ALD-010693-ALL, contains the following list of effective pages:

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                                 Revision level
           Page No.               shown on page      Date shown on page
------------------------------------------------------------------------
List of Effective Pages:                      13   July 25, 1997.
 Pages 1, 2.
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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.

Effective Date

    (f) This amendment becomes effective on February 7, 2001.

    Issued in Renton, Washington, on April 16, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-9877 Filed 4-24-01; 8:45 am]
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