[Federal Register Volume 66, Number 87 (Friday, May 4, 2001)]
[Proposed Rules]
[Pages 22486-22488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11224]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-366-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of 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 action 
would require replacement of the double shuttle valves in the roll 
spoiler actuators with new improved valves. Accomplishment of the 
proposed replacement would constitute terminating action for the 
requirements of this AD. This proposal is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by the proposed 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: Comments must be received by June 4, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket Number 2000-NM-366-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: 
<a href="/cdn-cgi/l/email-protection#a1988cc0cfcc8ccfd1d3ccc2ceccccc4cfd5e1c7c0c08fc6ced7"><span class="__cf_email__" data-cfemail="536a7e323d3e7e3d23213e303c3e3e363d27133532327d343c25">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-366-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.

[[Page 22487]]


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:
    <bullet> 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.
    <bullet> For each issue, state what specific change to the proposed 
AD is being requested.
    <bullet> 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 2000-NM-366-AD.'' The postcard will be date stamped 
and returned to the commenter.

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 Number 2000-NM-366-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On October 22, 1999, the FAA issued AD 99-22-15, amendment 39-11393 
(64 FR 59117, November 2, 1999), applicable to all Dornier Model 328-
100 series airplanes, 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. That action was 
prompted by issuance of mandatory continuing airworthiness information 
by a foreign civil airworthiness authority. The requirements of that 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.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the manufacturer has developed an 
improved double shuttle valve to replace the existing valves in the 
roll spoiler actuator, which have been subject to leakage. Replacement 
of the valves would terminate the need for repetitive inspections of 
the roll spoiler actuators for leaks.

Explanation of Relevant Service Information

    The manufacturer has issued Dornier Service Bulletin SB-328-27-310, 
dated June 10, 2000, which describes procedures for replacement of the 
double shuttle valves with the new improved valves. Accomplishment of 
the actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition. The Luftfahrt-Bundesamt (LBA), 
which is the airworthiness authority for Germany, classified this 
service bulletin as mandatory and issued German airworthiness directive 
1998-479/3, dated October 5, 2000, in order to assure the continued 
airworthiness of these airplanes in Germany.

FAA's Conclusions

    This airplane model is manufactured in Germany and is 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 aviation safety agreement. Pursuant to the 
implementation procedures for airworthiness of this bilateral aviation 
safety 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 supersede AD 99-22-15 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 proposed AD would add 
the requirement to replace the double shuttle valves in the roll 
spoiler actuators, which would terminate the repetitive inspections and 
checks. The actions would be required to be accomplished in accordance 
with the service bulletin described previously.

Cost Impact

    There are approximately 50 airplanes of U.S. registry that would be 
affected by this proposed 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, per 
inspection cycle.
    The replacement that is proposed in this AD action would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would be provided at no 
charge to operators. Based on these figures, the cost impact of the 
proposed requirements of 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 current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.

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

[[Page 22488]]

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 removing amendment 39-11393 (64 FR 
59117, November 2, 1999), and by adding a new airworthiness directive 
(AD), to read as follows:

Dornier Luftfahrt GMBH:  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 193-1 MOD
ZCV 193-2 MOD
ZCV 193-3
ZCV 193-4
ZCV 193-5

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 
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 5: The subject of this AD is addressed in German 
airworthiness directive 1998-479/3, of which the effective date is 
October 5, 2000.


    Issued in Renton, Washington, on April 30, 2001.
John W. McGraw,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-11224 Filed 5-3-01; 8:45 am]
BILLING CODE 4910-13-P


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