[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Rules and Regulations]
[Pages 38463-38464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18773]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-133-AD; Amendment 39-10662; AD 98-15-11]
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 adopts a new airworthiness directive (AD),
applicable to certain Dornier Model 328-100 series airplanes, that
requires replacing the existing roll spoiler control rods with improved
parts. This amendment is prompted by issuance of mandatory continuing
airworthiness information by a foreign civil airworthiness authority.
The actions specified by this AD are intended to prevent bending stress
to the fork end of the roll spoiler, which could result in failure of
the roll spoiler and consequent reduced controllability of the
airplane.
DATES: Effective August 21, 1998. The incorporation by reference of
certain publications listed in the regulations is approved by the
Director of the Federal Register as of August 21, 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) to include an airworthiness
directive (AD)
[[Page 38464]]
that is applicable to certain Dornier Model 328-100 series airplanes
was published in the Federal Register on May 20, 1998 (63 FR 27690).
That action proposed to require replacing the existing roll spoiler
control rods with improved parts.
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
The FAA estimates that 50 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 3 work hours per
airplane to accomplish the required replacement, and that the average
labor rate is $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 replacement required by this AD on U.S. operators is
estimated to be $9,000, or $180 per airplane.
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.
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.
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:
98-15-11 Dornier Luftfahrt GMBH: Amendment 39-10662. Docket 98-NM-
133-AD.
Applicability: Model 328-100 series airplanes, serial numbers
3005 through 3047 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 (b) 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 bending stress to the fork end of the roll spoiler,
which could result in failure of the roll spoiler and consequent
reduced controllability of the airplane, accomplish the following:
(a) Within 4 months after the effective date of this AD, replace
the existing roll spoiler control rods on the right and left sides
of the airplane with improved parts, in accordance with Dornier
Service Bulletin SB-328-27-247, Revision 1, dated February 19, 1998.
(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 request
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.
(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 replacement shall be done in accordance with Dornier
Service Bulletin SB-328-27-247, Revision 1, dated February 19, 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 3: The subject of this AD is addressed in German
airworthiness directive 1998-042, dated January 29, 1998.
(e) This amendment becomes effective on August 21, 1998.
Issued in Renton, Washington, on July 8, 1998.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-18773 Filed 7-16-98; 8:45 am]
BILLING CODE 4910-13-U
