[Federal Register Volume 66, Number 143 (Wednesday, July 25, 2001)]
[Rules and Regulations]
[Pages 38533-38535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18255]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-366-AD; Amendment 39-12338; AD 2001-15-04]
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 supersedes an existing airworthiness directive 
(AD), applicable to all Dornier Model 328-100 series airplanes, that 
currently requires repetitive inspections of the left and right roll 
spoiler actuators to check for signs of leakage and deformation of the 
housing, repetitive inspections of the gap between the left roll 
spoiler actuator housing cap and the actuator housing, repetitive 
torque checks of the left roll spoiler actuator housing cap attachment 
screws, and corrective action, if necessary. This amendment requires 
replacement of the double shuttle valves in the roll spoiler actuators 
with new improved valves, which constitutes terminating action for the 
requirements of this AD. 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 oil leakage from the roll spoiler actuators, which could 
result in incorrect roll spoiler operation and reduced controllability 
of the airplane.

DATES: Effective August 29, 2001.
    The incorporation by reference of Dornier Service Bulletin SB-328-
27-310, dated June 10, 2000, as listed in the regulations, is approved 
by the Director of the Federal Register as of August 29, 2001.
    The incorporation by reference of Dornier Alert Service Bulletin 
ASB-328-27-025, Revision 1, dated September 22, 1999, as listed in the 
regulations, was previously approved by the Director of the Federal 
Register as of December 7, 1999 (64 FR 59117, November 2, 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: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 99-22-15, 
amendment 39-11393 (64 FR 59117, November 2, 1999), which is applicable 
to all Dornier Model 328-100 series airplanes, was published in the 
Federal Register on May 4, 2001 (66 FR 22486). The action proposed to 
continue to require repetitive inspections of the left and right roll 
spoiler actuators to check for signs of leakage and deformation of the 
housing, repetitive inspections of the gap between the left roll 
spoiler actuator housing cap and the actuator housing, repetitive 
torque checks of the left roll spoiler actuator housing cap attachment 
screws, and corrective action, if necessary. The action also proposed 
to add a requirement to replace the double shuttle valves in the roll 
spoiler actuators with new improved valves, which would constitute 
terminating action for the requirements of this AD.

Comments

    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, an operator of an airline, indicates that it has 
already met the proposed requirements.

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 as proposed.

Cost Impact

    There are approximately 50 Dornier Model 328-100 series airplanes 
of U.S. registry that will be affected by this AD.
    The repetitive inspections and checks that are currently required 
by AD 99-22-15 take approximately 3 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of these inspections and checks on U.S. 
operators is estimated to be $9,000, or $180 per airplane.
    The replacement that is added by this new AD will take 
approximately 1 work

[[Page 38534]]

hour per airplane to accomplish, at an average labor rate of $60 per 
work hour. Required parts will be provided at no charge to operators. 
Based on these figures, the cost impact of the replacement added by 
this AD on U.S. operators is estimated to be $3,000, or $60 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. 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 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 removing amendment 39-11393 (64 FR 
59117, November 2, 1999), and by adding a new airworthiness directive 
(AD), amendment 39-12338, to read as follows:

2001-15-04  Dornier Luftfahrt GMBH: Amendment 39-12338. Docket 2000-
NM-366-AD. Supersedes AD 99-22-15, Amendment 39-11393.

    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 (f)(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 oil leakage from the roll spoiler actuators, which 
could result in incorrect roll spoiler operation and reduced 
controllability of the airplane, accomplish the following:

Restatement of Requirements of AD 99-22-15

    (a) Within 14 days after December 7, 1999 (the effective date of 
AD 99-22-15, amendment 39-11393), accomplish the requirements of 
paragraphs (a)(1) and (a)(2) of this AD on the left and right roll 
spoiler actuators, in accordance with Dornier Alert Service Bulletin 
ASB-328-27-025, Revision 1, dated September 22, 1999. Thereafter, 
repeat the inspections required by paragraphs (a)(1) and (a)(2) of 
this AD at intervals not to exceed 400 flight hours.
    (1) Perform a detailed inspection to detect leakage of the area 
around the actuator cap and housing of the roll spoiler actuators. 
If leakage is found, prior to further flight, replace the actuator 
and the double shuttle valve with new or serviceable parts.
    (2) Perform a detailed inspection to detect flatness of the 
surface of the cap of the roll spoiler actuators. If the cap surface 
is not flat, prior to further flight, replace the actuator and the 
double shuttle valve with new or serviceable parts.

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

    (b) Within 14 days after December 7, 1999, accomplish the 
requirements of paragraphs (b)(1) and (b)(2) of this AD on the left 
roll spoiler actuator, in accordance with Dornier Alert Service 
Bulletin ASB-328-27-025, Revision 1, dated September 22, 1999. 
Thereafter, repeat the inspections required by paragraphs (b)(1) and 
(b)(2) of this AD at intervals not to exceed 400 flight hours.
    (1) Perform a detailed inspection to detect a gap between the 
cap of the roll spoiler actuator and the actuator housing. If any 
gap exists, prior to further flight, replace the actuator and the 
double shuttle valve with new or serviceable parts.
    (2) Perform a torque check of the housing cap attachment screws. 
If the torque is within the limits specified by the alert service 
bulletin, prior to further flight, torque the screws to 17.7 lb-in, 
in accordance with the alert service bulletin. If the torque is 
outside the limits specified by the alert service bulletin, prior to 
further flight, replace the left roll spoiler actuator and double 
shuttle valve with new or serviceable parts, in accordance with the 
alert service bulletin.
    (c) If any left roll spoiler actuator is replaced during any 
inspection required by paragraph (b)(1) or (b)(2) of this AD, prior 
to further flight, accomplish the requirements of paragraphs (b)(1) 
and (b)(2) for the right roll spoiler actuator.

    Note 3: Accomplishment of the inspections required by paragraphs 
(a) and (b) of this AD prior to the effective date of this AD, in 
accordance with Dornier Alert Service Bulletin ASB-328-27-025, dated 
October 16, 1998, is acceptable for compliance with the initial 
inspections required by those paragraphs.

New Actions Required by This AD

Replacement

    (d) Within 90 days after the effective date of this AD: Replace 
the double shuttle valves with new improved double shuttle valves, 
in accordance with Dornier Service Bulletin SB-328-27-310, dated 
June 10, 2000. Accomplishment of this action constitutes terminating 
action for the requirements of this AD.

Spares

    (e) As of the effective date of this AD, no person shall install 
a double shuttle valve having any of the following part numbers on 
any airplane:

ZCV 193
ZCV 193-1 Revision Letter J
ZCV 193 MOD
ZCV 193-1
ZCV 193-I MOD
ZCV 193-2 MOD
ZCV 193-3
ZCV 193-4
ZCV 193-5

[[Page 38535]]

Alternative Methods of Compliance

    (f)(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, 
Transport Airplane Directorate, FAA. 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 99-22-15, amendment 39-11393, are approved as 
alternative methods of compliance with the requirements of 
paragraphs (a), (b) and (c) of this AD.

    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

    (g) 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

    (h) The actions shall be done in accordance with Dornier Alert 
Service Bulletin ASB-328-27-025, Revision 1, dated September 22, 
1999; and Dornier Service Bulletin SB-328-27-310, dated June 10, 
2000.
    (1) The incorporation by reference of Dornier Service Bulletin 
SB-328-27-310, dated June 10, 2000 is approved by the Director of 
the Federal Register as of August 29, 2001.
    (2) The incorporation by reference of Dornier Alert Service 
Bulletin ASB-328-27-025, Revision 1, dated September 22, 1999 was 
previously approved by the Director of the Federal Register as of 
December 7, 1999 (64 FR 59117, November 2, 1999).
    (3) 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 directive 1998-479/3, of which the effective date is 
October 5, 2000.

Effective Date

    (i) This amendment becomes effective on August 29, 2001.

    Issued in Renton, Washington, on July 16, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-18255 Filed 7-24-01; 8:45 am]
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