[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Rules and Regulations]
[Pages 9255-9257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1596]



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  Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / 
Rules and Regulations  

[[Page 9255]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22813; Directorate Identifier 2002-NM-117-AD; 
Amendment 39-14493; AD 2000-24-03 R1]
RIN 2120-AA64


Airworthiness Directives; AvCraft Dornier Model 328-100 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is revising an existing airworthiness directive (AD) 
that applies to all AvCraft Dornier Model 328-100 airplanes. That AD 
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. 
The existing AD also requires, for certain airplanes, modifying of the 
flap actuators of the flight controls. We issued that AD to prevent an 
uncommanded retraction of the flaps during takeoff, which could result 
in an aborted takeoff and consequent potential for runway overrun. This 
new AD allows the removal of the AFM revisions after modifying the flap 
actuators of the flight controls. This AD results from the 
determination that the AFM revisions are not necessary after modifying 
the flap actuators of the flight controls. We are issuing this AD to 
prevent an uncommanded retraction of the flaps during takeoff, which 
could result in an aborted takeoff and consequent potential for runway 
overrun.

DATES: The effective date of this AD is January 8, 2001.
    On January 8, 2001 (65 FR 75601, December 4, 2000), the Director of 
the Federal Register approved the incorporation by reference of Dornier 
328 All Operators Telefax AOT-328-27-016, Revision 1, dated October 28, 
1998; and Dornier 328 Service Bulletin SB-328-27-293, dated November 
10, 1999.
    On November 12, 1998 (63 FR 57244, October 27, 1998), the Director 
of the Federal Register approved the incorporation by reference of 
Dornier 328 All Operators Telefax AOT-328-27-016, dated July 31, 1998.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
room PL-401, Washington, DC.
    Contact AvCraft Aerospace GmbH, P.O. Box 1103, D-82230 Wessling, 
Germany, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Rosanne Ryburn, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2139; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov 
or in person at the Docket Management Facility office between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The Docket 
Management Facility office (telephone (800) 647-5227) is located on the 
plaza level of the Nassif Building at the street address stated in the 
ADDRESSES section.

Discussion

    The FAA proposed to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) with an airworthiness directive (AD) to 
revise AD 2000-24-03, amendment 39-12010 (65 FR 75601, December 4, 
2000). The existing AD applies to all Dornier Model 328-100 series 
airplanes. The proposed AD was published in the Federal Register on 
November 1, 2005 (70 FR 65864) to continue 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, and for certain airplanes, modifying 
the flap actuators of the flight controls. The proposed AD also 
proposed to allow the removal of the AFM revisions after modifying the 
flap actuators of the flight controls.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We received no comments on the NPRM or on the 
determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that 52 airplanes of U.S. registry will be affected by 
this AD.
    The AFM revision that is currently required by AD 2000-24-03, and 
retained in this AD, takes approximately 1 work hour per airplane to 
accomplish, at an average labor rate of $65 per work hour. Based on 
these figures, the cost impact of the currently required AFM revision 
on U.S. operators is approximately $3,380, or $65 per airplane.
    The modification that is currently required by AD 2000-24-03, and 
retained in this AD, takes approximately 4 work hours per airplane to 
accomplish, at an average labor rate of $65 per work hour. Required 
parts will be provided by the manufacturer at no cost to the operators. 
Based on these figures, the cost impact of the currently required 
modification on U.S. operators is estimated to be $260 per airplane.
    The removal of the AFM revisions that is specified in this AD, if 
done, takes approximately 1 work hour per airplane to accomplish, at an 
average labor rate of $65 per work hour. Based on these figures, the 
cost impact of the removal of AFM revisions on U.S. operators is 
approximately $65 per airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.

[[Page 9256]]

    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-12010 (65 FR 75601, December 4, 2000), and adding 
the following new airworthiness directive (AD):

2000-24-03 R1 AvCraft Aerospace GmbH (Formerly Fairchild Dornier 
GmbH): Amendment 39-14493. Docket No. FAA-2005-22813; Directorate 
Identifier 2002-NM-117-AD.

Effective Date

    (a) The effective date of this AD is January 8, 2001.

Affected ADs

    (b) This AD revises AD 2000-24-03.

Applicability

    (c) This AD applies to all AvCraft Dornier Model 328-100 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from the determination that certain airplane 
flight manual (AFM) revisions are not necessary after modifying the 
flap actuators of the flight controls. We are issuing this AD to 
prevent an uncommanded retraction of the flaps during takeoff, which 
could result in an aborted takeoff and consequent potential for 
runway overrun.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

AFM Revision

    (f) Within 14 days after November 12, 1998 (the effective date 
of AD 98-22-07, amendment 39-10854), accomplish the requirements of 
paragraphs (f)(1) and (f)(2) of this AD.
    (1) Revise the Normal Procedures section of the Dornier 328 FAA-
approved 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 AFM Revision

    (g) For all airplanes: Within 3 days after January 8, 2001 (the 
effective date of AD 2000-24-03), revise the Dornier 328 FAA-
approved AFM as specified in paragraphs (g)(1) and (g)(2) of this 
AD. Concurrently with this AFM revision, remove the AFM revisions 
required by paragraph (f) 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 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

    (h) For airplanes with serial numbers 3005 through 3099 
inclusive, 3101 through 3108 inclusive, and 3110 through 3119 
inclusive: Within 5 months after January 8, 2001, modify the flap 
actuators of the flight controls, in accordance with Dornier 328 
Service Bulletin SB-328-27-293, dated November 10, 1999. After 
accomplishing the modification, operators may remove the AFM 
revisions required by paragraphs (f) and (g) of this AD from the 
AFM.

    Note 1: 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 (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (3) AMOCs approved previously in accordance with AD 98-22-07, 
amendment 39-10854, are approved as AMOCs with paragraph (f) of this 
AD.
    (4) AMOCs approved previously in accordance with AD 2000-24-03, 
amendment 39-12010, are approved as AMOCs with this AD.

Related Information

    (j) German airworthiness directive 1998-359/3, effective April 
6, 2000, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use Dornier 328 All Operators Telefax AOT-328-27-
016, dated July 31, 1998; Dornier 328 All Operators Telefax AOT-328-
27-016, Revision 1, dated October 28, 1998; and Dornier 328 Service 
Bulletin SB-328-27-293, dated November 10, 1999; as applicable, 
unless the AD specifies otherwise.
    (1) On January 8, 2001 (65 FR 75601, December 4, 2000), the 
Director of the Federal Register approved the incorporation by 
reference of Dornier 328 All Operators Telefax AOT-328-27-016, 
Revision 1, dated October 28, 1998; and Dornier 328 Service Bulletin 
SB-328-27-293, dated November 10, 1999.
    (2) On November 12, 1998 (63 FR 57244, October 27, 1998), the 
Director of the Federal Register approved the incorporation by 
reference of Dornier 328 All Operators Telefax AOT-328-27-016, dated 
July 31, 1998.
    (3) Contact AvCraft Aerospace GmbH, P.O. Box 1103, D-82230 
Wessling, Germany, for a copy of this service information. You may 
review copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif

[[Page 9257]]

Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on February 10, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-1596 Filed 2-22-06; 8:45 am]
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