[Federal Register Volume 65, Number 233 (Monday, December 4, 2000)]
[Rules and Regulations]
[Pages 75601-75603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30120]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-112-AD; Amendment 39-12010; AD 2000-24-03]
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 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. 
This amendment requires revising the existing AFM revision to include a 
flap system test to be performed prior to the first flight of the day. 
This amendment also requires, for certain airplanes, modification of 
the flap actuators of the flight controls. The actions specified by 
this AD are intended to prevent an uncommanded retraction of the flaps 
during takeoff, which could result in an aborted takeoff and consequent 
potential for runway overrun.

DATES: Effective January 8, 2001.
    The incorporation by reference of certain publications, as listed 
in the regulations, is approved by the Director of the Federal Register 
as of January 8, 2001.
    The incorporation by reference of Dornier 328 All Operators Telefax 
AOT-328-27-016, dated July 31, 1998, as listed in the regulations, was 
approved previously by the Director of the Federal Register as of 
November 12, 1998 (63 FR 57244, October 27, 1998).

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: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 98-22-07, 
amendment 39-10854 (63 FR 57244, October 27, 1998), which is applicable 
to all Dornier Model 328-100 series airplanes, was published in the 
Federal Register on August 29, 2000 (65 FR 52365). The action proposed 
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. 
The action also proposed to require revising the existing AFM revision 
to include a flap system test to be performed prior to the first flight 
of the day. Additionally, the action proposed to add a requirement, for 
certain airplanes, for modification of the flap actuators of the flight 
controls.

[[Page 75602]]

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    There are approximately 52 airplanes of U.S. registry that will be 
affected by this AD.
    The AFM revision that is currently required by AD 98-22-07, and 
retained in this AD, takes approximately 1 work hour per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the currently required actions on 
U.S. operators is approximately $3,120, or $60 per airplane.
    The new AFM revision that is required by this AD will take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the required AFM revision on U.S. operators is estimated to 
be $3,120, or $60 per airplane.
    The new modification that is required by this AD will take 
approximately 4 work hours per airplane to accomplish, at an average 
labor rate of $60 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 required modification on U.S. operators is estimated 
to be $240 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 39-10854 (63 FR 
57244, October 27, 1998), and by adding a new airworthiness directive 
(AD), amendment 39-12010, to read as follows:

2000-24-03  Dornier Luftfahrt GMBH: Amendment 39-12010. Docket 2000-
NM-112-AD. Supersedes AD 98-22-07, Amendment 39-10854.

    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 (d)(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 an uncommanded retraction of the flaps during 
takeoff, which could result in an aborted takeoff and consequent 
potential for runway overrun, accomplish the following:

Restatement of Requirements of AD 98-22-07

Airplane Flight Manual (AFM) Revision

    (a) Within 14 days after November 12, 1998 (the effective date 
of AD 98-22-07, amendment 39-10854), accomplish the requirements of 
paragraphs (a)(1) and (a)(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 Requirements of This AD

New AFM Revision

    (b) For all airplanes: Within 3 days after the effective date of 
this AD, revise the Dornier 328 FAA-approved AFM as specified in 
paragraphs (b)(1) and (b)(2) of this AD. Concurrent with this AFM 
revision, remove the AFM revisions required by paragraph (a) 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

    (c) For airplanes with serial numbers 3005 through 3099 
inclusive, 3101 through 3108 inclusive, and 3110 through 3119 
inclusive: Within 5 months after the effective date of this AD, 
modify the flap actuators of the flight controls, in accordance with 
Dornier 328 Service Bulletin SB-328-27-293, dated November 10, 1999.

    Note 2: 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

    (d)(1) An alternative method of compliance or adjustment of the 
compliance time that

[[Page 75603]]

provides an acceptable level of safety may be used if approved by 
the Manager, 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.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 98-22-07, amendment 39-10854, are approved as 
alternative methods of compliance with paragraph (a) of this AD.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Manager, 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 (b) of this AD, the AFM 
revisions shall be done in accordance with Dornier 328 All Operators 
Telefax AOT-328-27-016, dated July 31, 1998; or Dornier 328 All 
Operators Telefax AOT-328-27-016, Revision 1, dated October 28, 
1998. The modification shall be done in accordance with Dornier 328 
Service Bulletin SB-328-27-293, dated November 10, 1999.
    (1) 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, 
is approved by the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The incorporation by reference of Dornier 328 All Operators 
Telefax AOT-328-27-016, dated July 31, 1998, was approved previously 
by the Director of the Federal Register as of November 12, 1998 (63 
FR 57244, October 27, 1998).
    (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 4: The subject of this AD is addressed in German 
airworthiness directive 1998-359/3, dated April 6, 2000.

Effective Date

    (g) This amendment becomes effective on January 8, 2001.

    Issued in Renton, Washington, on November 20, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-30120 Filed 12-1-00; 8:45 am]
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