[Federal Register Volume 66, Number 186 (Tuesday, September 25, 2001)]
[Proposed Rules]
[Pages 48989-48991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23841]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-185-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Dornier Model 328-100 and 
-300 series airplanes. This proposal would require testing of the left- 
and right-hand potentiometer levers of the aileron flight control 
system, and follow-on or corrective action, as applicable. This action 
is necessary to prevent detachment of an aileron potentiometer lever, 
which could result in jamming of the elevator and/or aileron flight 
control systems and consequent reduced controllability of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Comments must be received by October 25, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-185-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-185-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: 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:

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 action 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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-185-AD.'' The postcard will be date stamped 
and returned to the commenter.

[[Page 48990]]

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. 2001-NM-185-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified the FAA that an unsafe condition may 
exist on certain Dornier Model 328-100 and -300 series airplanes. The 
LBA advises that a potentiometer lever without a safety lock function 
(because of insufficient spline engagement) was found on a 
manufacturer-owned test airplane. This condition, if not corrected, 
could cause detachment of an aileron potentiometer lever, which could 
result in jamming of the elevator and/or aileron flight control systems 
and consequent reduced controllability of the airplane.

Explanation of Relevant Service Information

    The manufacturer has issued Dornier Service Bulletin SB-328-27-359, 
dated March 29, 2001 (for Model 328-100 series airplanes), and Dornier 
Service Bulletin SB-328J-27-064, Revision 1, dated April 12, 2001 (for 
Model 328-300 series airplanes), which describe procedures for testing 
of the potentiometer levers for security of attachment to the splined 
shaft and follow-on or corrective actions, as applicable. (Follow-on 
and corrective actions include replacing the loose lever with a new one 
if available, or temporarily reassembling the existing lever with 
loctite until a new one is available). Accomplishment of the actions 
specified in the service bulletins is intended to adequately address 
the identified unsafe condition. The LBA classified these service 
bulletins as mandatory and issued German airworthiness directives 2001-
167/2, dated June 28, 2001, and 2001-168, dated June 14, 2001, in order 
to assure the continued airworthiness of these airplanes in Germany.

FAA's Conclusions

    These airplane models are manufactured in Germany and are 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 require accomplishment of 
the actions specified in the service bulletins described previously, 
except as discussed below.

Differences Between Proposed Rule, Foreign Airworthiness 
Directives, and Service Bulletins

    The parallel German airworthiness directives require testing of the 
potentiometer levers of the aileron, elevator, and rudder flight 
control systems, but the proposed AD would only require testing of the 
potentiometer levers of the aileron flight control system. The FAA has 
determined that detachment of a potentiometer lever of the aileron 
flight control system could result in jamming of the aileron and/or 
elevator control systems. But detachment of a potentiometer lever of 
the rudder or elevator flight control systems will not introduce an 
unsafe condition. The German airworthiness directives and Dornier 
Service Bulletins SB-328-27-359, dated March 29, 2001; and SB-328J-27-
064, Revision 1, dated April 12, 2001, included testing of the 
potentiometer levers of the rudder and elevator control systems for 
economic reasons, because it takes considerably more time to access the 
testing area than it does to perform the testing and it is cost-
efficient to test the remaining areas once they have been accessed. 
Because detachment of the potentiometer levers of the rudder and 
elevator flight control systems will not cause an unsafe condition, 
however, the proposed AD will not require their testing.
    Operators should note that, while no compliance date for 
replacement of defective levers is specified in German airworthiness 
directives 2001-167/2, dated June 28, 2001, and 2001-168, dated June 
14, 2001, this proposed AD would require, within 30 days after the 
effective date of the AD, replacement of any defective lever, in 
accordance with Dornier Service Bulletin SB-328-27-359, dated March 29, 
2001; or Dornier Service Bulletin SB-328J-27-064, Revision 1, dated 
April 12, 2001. If replacement levers are needed but unavailable, this 
proposed AD would require interim corrective measures and then, within 
4,000 flight hours or 24 months from the effective date of the AD, 
whichever comes first, replacement of any defective lever in a manner 
approved by the FAA or the LBA (or its delegated agent).
    Operators should note that, although Dornier Service Bulletin SB-
328-27-359, dated March 29, 2001, specifies that for airplanes on which 
Dornier Service Bulletin SB-328-27-319 has not been accomplished, 
testing be performed on the installed nose wheel steering 
potentiometer, the proposed rule does not require that. The FAA has 
determined that the unsafe condition does not exist for those airplanes 
on which Dornier Service Bulletin SB-328-27-319 has not been 
accomplished.
    Operators should also note that, although Dornier Service Bulletin 
SB-328-27-359, dated March 29, 2001; and Dornier Service Bulletin SB-
328J-27-064, Revision 1, dated April 12, 2001, specify that the 
manufacturer may be contacted for disposition of certain repair 
conditions, this proposal would require the repair of those conditions 
to be accomplished per a method approved by either the FAA or the LBA 
(or its delegated agent). In light of the type of repair that would be 
required to address the identified unsafe condition, and in consonance 
with existing bilateral airworthiness agreements, the FAA has 
determined that, for this proposed AD, a repair approved by either the 
FAA or the LBA would be acceptable for compliance with this proposed 
AD.

Cost Impact

    The FAA estimates that 89 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 2 work 
hours per airplane to accomplish the proposed test, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$10,680, or $120 per airplane, per test cycle.
    The cost impact figure discussed above is 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 proposed 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.

[[Page 48991]]

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 adding the following new 
airworthiness directive:

Dornier Luftfahrt GMBH: Docket 2001-NM-185-AD.

    Applicability: Model 328-100 airplanes, serial numbers 3005 
through 3119, inclusive, on which Dornier Service Bulletin SB-328-
27-319, dated June 26, 2000, or Revision 1, dated September 27, 
2000, has been accomplished; and Model 328-300 series airplanes, 
serial numbers 3105 through 3184, 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 (d) 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 detachment of the aileron potentiometer lever, which 
could result in jamming of the elevator and/or aileron flight 
control systems and reduced controllability of the airplane, 
accomplish the following:

Testing and Corrective Action

    (a) Within 30 days after the effective date of this AD, test the 
left- and right-hand potentiometer levers of the aileron flight 
control system to determine whether, with the bolt in position and 
the clamping force across the splines relaxed, the levers can be 
pulled off the splined shaft, in accordance with the Dornier service 
bulletin listed in paragraph (a)(1) or (a)(2) of this AD, as 
applicable.
    (1) For Dornier Model 328-100 series airplanes: Accomplishment 
Instructions, ``Aileron System,'' of Dornier Service Bulletin SB-
328-27-359, dated March 29, 2001.
    (2) For Dornier Model 328-300 series airplanes: Accomplishment 
Instructions, ``Aileron System,'' of Dornier Service Bulletin SB-
328J-27-064, Revision 1, dated April 12, 2001.
    (b) If, as a result of the test required by paragraph (a) of 
this AD, any lever cannot be removed, before further flight, 
retighten the nut and bolt and replace the split pin, in accordance 
with the Dornier service bulletin listed in paragraph (a)(1) or 
(a)(2) of this AD, as applicable.
    (c) If, as a result of the test required by paragraph (a) of 
this AD, any lever can be detached from the splined shaft, perform 
the actions specified in paragraph (c)(1) or (c)(2) of this AD, as 
applicable.
    (1) If a new lever is available from stock or from the airplane 
manufacturer, before further flight, replace the defective lever 
with a new lever, in accordance with the Dornier service bulletin 
listed in paragraph (a)(1) or (a)(2) of this AD, as applicable and, 
after the installation of the new lever and before further flight, 
test the new lever as required in paragraph (a) of this AD.
    (2) If a new lever is not available from stock or from the 
airplane manufacturer, before further flight, reassemble the 
existing lever with loctite, in accordance with the Dornier service 
bulletin listed in paragraph (a)(1) or (a)(2) of this AD, as 
applicable and, within 4,000 flight hours or 24 months after the 
effective date of this AD, whichever comes first, replace the lever 
with a new lever 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).

Alternative Methods of Compliance

    (d) 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 2: 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

    (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 3: The subject of this AD is addressed in German 
airworthiness directive 2001-167/2, dated June 28, 2001, and German 
airworthiness directive 2001-168, dated June 14, 2001.


    Issued in Renton, Washington, on September 18, 2001.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-23841 Filed 9-24-01; 8:45 am]
BILLING CODE 4910-13-U