[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