[Federal Register Volume 63, Number 207 (Tuesday, October 27, 1998)]
[Rules and Regulations]
[Pages 57244-57245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28539]
[[Page 57244]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-305-AD; Amendment 39-10854; AD 98-22-07]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to all Dornier Model 328-100 series airplanes. This
action requires revising the Airplane Flight Manual to provide the
flightcrew with additional information regarding procedures to ensure
complete pressurization of the hydraulic lines for the flaps. This
amendment is prompted by issuance of mandatory continuing airworthiness
information by a foreign civil airworthiness authority. The actions
specified in 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 November 12, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 12, 1998.
Comments for inclusion in the Rules Docket must be received on or
before November 27, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-305-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
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: 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: The Luftfahrt-Bundesamt (LBA), which is the
airworthiness authority for Germany, recently notified the FAA that an
unsafe condition may exist on all Dornier Model 328-100 series
airplanes. The LBA advises that, during takeoff of a flight test
airplane, an uncommanded retraction of the flaps occurred, which
resulted in an aborted takeoff. Investigation revealed that the flaps
can inadvertently move downward due to gravity while the airplane is on
the ground. This movement creates a vacuum in the flap actuator
expansion chamber. The existence of such a vacuum can cause an
uncommanded retraction of the flaps during takeoff with a corresponding
``takeoff config'' warning to the flightcrew. This condition, if not
corrected, could result in an aborted takeoff and consequent potential
for runway overrun.
Explanation of Relevant Service Information
The manufacturer has issued Dornier 328 All Operators Telefax (AOT)
AOT-328-27-016, dated July 31, 1998. The AOT describes procedures for
revising the Normal and Abnormal Procedures Sections of the Airplane
Flight Manual (AFM) to provide the flightcrew with additional
information for resetting the flap system to ensure complete
pressurization of the hydraulic lines for the flaps. The LBA classified
this AOT as mandatory and issued German airworthiness directive 1998-
359, dated September 10, 1998, 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
Sec. 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 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, this AD is being issued to prevent an uncommanded
retraction of the flaps during takeoff, which could result in an
aborted takeoff and consequent potential for runway overrun. This AD
requires revising the Normal Procedures and Abnormal Procedures
Sections of the FAA-approved Dornier 328 AFM to provide the flightcrew
with additional information regarding procedures to ensure complete
pressurization of the hydraulic lines for the flaps.
Interim Action
This is considered to be interim action. The manufacturer has
advised that it currently is developing a hardware modification that
will positively address the unsafe condition addressed by this AD. Once
this modification is developed, approved, and available, the FAA may
consider additional rulemaking.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
[[Page 57245]]
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 98-NM-305-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, 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:
98-22-07 Dornier Luftfahrt GMBH: Amendment 39-10854. Docket 98-NM-
305-AD.
Applicability: All Model 328-100 series airplanes, certificated
in any category.
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:
(a) Within 14 days after the effective date of this AD,
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 Airplane Flight Manual (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.
(b) 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, FAA,
Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Operations Inspector,
who may add comments and then send it to the Manager, International
Branch, ANM-116.
Note 1: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
(c) 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.
(d) The actions shall be done in accordance with Dornier 328 All
Operators Telefax (AOT) AOT-328-27-016, dated July 31, 1998. 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 2: The subject of this AD is addressed in German
airworthiness directive 1998-359, dated September 10, 1998.
(e) This amendment becomes effective on November 12, 1998.
Issued in Renton, Washington, on October 19, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-28539 Filed 10-26-98; 8:45 am]
BILLING CODE 4910-13-P
