Airworthiness Directives; Dornier Model 328-100 Series Airplanes

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-366-AD; Amendment 39-11323; AD 99-19-36]

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 a one-time inspection to measure the offset of the de-icing

tubing adjacent to the refueling panel on the right-hand wing, and

replacement with new improved tubing, if necessary. 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 a blockage in the de-icing tubing which

could result in a malfunction of the de-icing boot. This malfunction

would be unknown to the flight crew, and could lead to reduced

controllability of the airplane during flight in icing conditions.

DATES: Effective October 27, 1999.

The incorporation by reference of certain publications listed in

the regulations is approved by the Director of the Federal Register as

of October 27, 1999.

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.

[[Page 51197]]

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) that is applicable to certain Dornier Model 328-100

series airplanes was published in the Federal Register on July 16, 1999

(64 FR 38378). That action proposed to require a one-time inspection to

measure the offset of the de-icing tubing adjacent to the refueling

panel on the right-hand wing, and replacement with new improved tubing,

if necessary.

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 27 airplanes of U.S. registry will be

affected by this AD, that it will take approximately 1 work hour per

airplane to accomplish the required inspection, and that the average

labor rate is $60 per work hour. Based on these figures, the cost

impact of the required AD on U.S. operators is estimated to be $1,620,

or $60 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:

99-19-36 Dornier Luftfahrt GMBH: Amendment 39-11323. Docket 98-NM-

366-AD.

Applicability: Model 328-100 series airplanes, serial numbers

3042 through 3105 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 a blockage inside the de-icing tubing, which could

result in a malfunction of the de-icing boot, and consequent reduced

controllability of the airplane during flight in icing conditions,

accomplish the following:

Inspection and Corrective Action

(a) Within two months after the effective date of this AD,

perform a one-time detailed inspection to measure the offset of the

de-icing tubing adjacent to the refueling panel on the right-hand

wing in accordance with Dornier Service Bulletin SB-328-30-265,

dated July 24, 1998.

(1) If the de-icing tubing offset measurement conforms to the

dimension shown in the service bulletin, no further action is

required by this AD.

(2) If the de-icing tubing does not conform to the dimension

shown in the service bulletin, prior to further flight, replace it

with new improved tubing in accordance with instructions provided in

the service bulletin.

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.''

Alternative Methods of Compliance

(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 Maintenance Inspector,

who may add comments and then send it to the Manager, International

Branch, ANM-116.

Note 3: 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

(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.

Incorporation by Reference

(d) The actions shall be done in accordance with Dornier Service

Bulletin SB-328-30-265, dated July 24, 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 4: The subject of this AD is addressed in German

airworthiness directive 1998-423, dated November 5, 1998.

(e) This amendment becomes effective on October 27, 1999.

[[Page 51198]]

Issued in Renton, Washington, on September 10, 1999.

D.L. Riggin,

Acting Manager, Transport Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 99-24150 Filed 9-21-99; 8:45 am]

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