[Federal Register Volume 67, Number 34 (Wednesday, February 20, 2002)]
[Rules and Regulations]
[Pages 7607-7609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3612]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-185-AD; Amendment 39-12656; AD 2002-03-15]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 and -300 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 and -300 series airplanes, 
that requires testing of the left- and right-hand potentiometer levers 
of the aileron flight control system, and follow-on or corrective 
action, as applicable. This amendment 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: Effective March 27, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 27, 2002.

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 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: 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 and 
-300 series airplanes was published in the Federal Register on 
September 25, 2001 (66 FR 48989). That action proposed to require 
testing of the left- and right-hand potentiometer levers of the aileron 
flight

[[Page 7608]]

control system, and follow-on or corrective action, as applicable.

Public 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.

Request To Revise Paragraph (c)(2) of the Proposed Rule

    One commenter, the airplane manufacturer, states that a new 
potentiometer lever, having part number (P/N) 001A271A2062 002, has 
been developed and approved. The new lever prevents detachment of an 
aileron potentiometer lever, which could result in jamming of the 
elevator and/or aileron flight control systems. The FAA infers that the 
commenter is requesting that the FAA add the new lever P/N to paragraph 
(c) of the proposed rule.
    The FAA agrees. We have revised paragraph (c)(1) and (c)(2) of the 
AD to permit operators to comply with the requirements of that 
paragraph by replacing the potentiometer lever with a new lever, P/N 
001A271A2062 002, or with P/N 001A271A2062 000, which was the ``new'' 
lever P/N at the time the NPRM was issued. Although the lever P/Ns were 
not referred to in the NPRM, we have added them to the final rule to 
help clarify and differentiate the description of a ``new'' 
potentiometer lever. Paragraph (c)(2) of the final rule has also been 
revised to specify that operators may replace the potentiometer levers 
by using either the method provided by subparagraph (c)(2)(i) or 
(c)(2)(ii) of the final rule.

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 changes described 
previously. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 89 Dornier Model 328-100 and -300 series 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 2 work hours 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 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 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 adding the following new 
airworthiness directive:

2002-03-15  Dornier Luftfahrt GMBH: Amendment 39-12656. 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 potentiometer lever having either part number (P/N) 
001A271A2062 000 or

[[Page 7609]]

001A271A2062 002 is available from stock or from the airplane 
manufacturer, before further flight, replace the defective lever 
with a new lever having either P/N 001A271A2062 000 or 001A271A2062 
002; in accordance with the Dornier service bulletin listed in 
paragraph (a)(1) or (a)(2) of this AD, as applicable. 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 potentiometer 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 having P/N 001A271A2062 000 or 001A271A2062 002; in 
accordance with a method specified in paragraph (c)(2)(i) or 
(c)(2)(ii) of this AD.
    (i) In accordance with a method approved by either the Manager, 
International Branch, ANM-116, FAA; or the Luftfahrt-Bundesamt (LBA) 
(or its delegated agent).
    (ii) In accordance with the Dornier service bulletin specified 
in paragraph (a)(1) or (a)(2) of this AD, as applicable.

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.

Incorporation by Reference

    (f) Except as provided by paragraph (c)(2)(i) of this AD, the 
actions shall be done 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; 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 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.

Effective Date

    (g) This amendment becomes effective on March 27, 2002.

    Issued in Renton, Washington, on February 8, 2002.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-3612 Filed 2-19-02; 8:45 am]
BILLING CODE 4910-13-P