[Federal Register Volume 64, Number 112 (Friday, June 11, 1999)]
[Proposed Rules]
[Pages 31520-31523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14819]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-40-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 adoption of a new airworthiness 
directive (AD) that is applicable to certain Dornier Model 328-100 
series airplanes. This proposal would require repetitive tests of the 
flight idle backup system of the propeller control system; repetitive 
inspections to determine the level of wear of the pins and bushings of 
the cam followers on the power lever rods of the engine controls; and 
follow-on corrective actions, if necessary. This proposal also would 
require eventual replacement of the power lever and condition lever 
rods of the engine controls with new, improved parts, which constitutes 
terminating action for the repetitive tests and inspections. 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 failure of the 
flight idle backup system. In the event of failure of the primary 
propeller control system, such failure of the flight idle backup system 
could lead to uncommanded movement of the pitch of the propeller blade 
to below flight idle and into reverse thrust during flight, and 
consequent reduced controllability of the airplane.

DATES: Comments must be received by July 12, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-40-AD, 1601 Lind Avenue, SW.,

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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.
    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: 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:

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 notice may be changed in 
light of the comments received.
    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 notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 99-NM-40-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 No. 99-NM-40-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, notified the FAA that an unsafe condition may exist on 
certain Dornier Model 328-100 series airplanes. The LBA advises that it 
has received reports indicating that wear has been detected on the cam 
followers of the power lever rods of the engine controls. The LBA 
further advises that such wear, if not corrected, could lead to failure 
of the flight idle backup system. In the event that the pitch control 
unit of the primary propeller control system fails, such failure of the 
flight idle backup system could lead to uncommanded movement of the 
pitch of the propeller blade to below flight idle and into reverse 
thrust during flight, and consequent reduced controllability of the 
airplane.

Explanation of Relevant Service Information

    Dornier has issued Alert Service Bulletin ASB-328-76-024, Revision 
1, dated August 5, 1998, which describes procedures for repetitive 
tests of the flight idle backup system of the propeller control system; 
repetitive detailed visual inspections to determine the level of wear 
of the pins and bushings of the cam followers on the power lever rods 
of the engine controls; and follow-on corrective actions, if necessary. 
The corrective actions include replacement of the power lever rods with 
new power lever rods, replacement of the pins and bushings with new 
pins and bushings, inspections of the pins and bushings for wear or 
looseness, and tests of the flight idle backup system at changed 
intervals.
    Dornier also has issued Service Bulletin SB-328-76-268, Revision 1, 
dated December 9, 1998, which describes procedures for replacement of 
the power lever and condition lever rods of the engine controls with 
new, improved parts. This replacement eliminates the need for the 
repetitive tests of the flight idle backup system and repetitive 
inspections of the power lever rods.
    Accomplishment of the actions specified in these service bulletins 
is intended to adequately address the identified unsafe condition. The 
LBA classified these service bulletins as mandatory and issued German 
airworthiness directive 1998-344/3, dated February 11, 1999, 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 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 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 require accomplishment of 
the actions specified in the service bulletins described previously, 
except as discussed below.

Differences Between Proposed Rule and Foreign Service Information

    Operators should note that Dornier Alert Service Bulletin ASB-328-
76-024, Revision 1, does not specify corrective actions if any 
discrepancy is found while performing the flight idle backup test. This 
proposed AD would require repair of any discrepancy to be accomplished 
in accordance with a method approved by either the FAA, or the LBA (or 
its delegated agent).

Cost Impact

    The FAA estimates that 50 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed test, and that the average 
labor rate is $60 per work hour. Based on these figures, the cost 
impact of the test proposed by this AD on U.S. operators is estimated 
to be $3,000, or $60 per airplane, per test cycle.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the inspection proposed by 
this AD on U.S. operators is estimated to be $3,000, or $60 per 
airplane, per inspection cycle.
    It would take approximately 10 work hours per airplane to 
accomplish the proposed replacement, at an average labor rate of $60 
per work hour. Required parts would be provided by the manufacturer at 
no cost to the operators. Based on these figures, the cost impact of 
the replacement proposed by this AD on U.S. operators is

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estimated to be $30,000, or $600 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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 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 proposal would not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.
    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 adding the following new 
airworthiness directive:

Dornier Luftfahrt GMBH: Docket 99-NM-40-AD.

    Applicability: Model 328-100 series airplanes having serial 
numbers (S/N) 3005 through 3098 inclusive, and S/N 3100, 3103, 3104, 
3106, 3107, 3109, and 3110, on which Dornier Service Bulletin SB-
328-76-268, dated August 11, 1998, or Revision 1, dated December 9, 
1998, has not been accomplished; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (g) 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 failure of the flight idle backup system, which, in 
the event of failure of the primary propeller control system, could 
lead to uncommanded movement of the pitch of the propeller blade to 
below flight idle and into reverse thrust during flight, and 
consequent reduced controllability of the airplane, accomplish the 
following:

Flight Idle Backup Test

    (a) Prior to the accumulation of 3,000 total flight hours, or 
within 3 days after the effective date of this AD, whichever occurs 
later, perform a test of the flight idle backup system of the 
propeller control system in accordance with Dornier Alert Service 
Bulletin ASB-328-76-024, Revision 1, dated August 5, 1998. If any 
discrepancy is detected, prior to further flight, repair in 
accordance with a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Luftfahrt-Bundesamt (LBA) (or its delegated agent). Repeat 
the test thereafter at intervals not to exceed 1 day until 
accomplishment of the requirements of paragraph (c), (d), (e), or 
(f), as applicable.

Inspection of Cam Followers of Power Lever Rods

    (b) Prior to the accumulation of 3,000 total flight hours, or 
within 7 days after the effective date of this AD, whichever occurs 
later, perform a detailed visual inspection to determine the level of 
wear of the pins and bushings of the cam followers of the power lever 
rods of the engine controls, in accordance with Dornier Alert Service 
Bulletin ASB-328-76-024, Revision 1, dated August 5, 1998. Classify the 
level of wear for each power lever rod as specified in paragraphs 
(b)(1), (b)(2), and (b)(3) and accomplish the requirements of paragraph 
(c), (d), or (e) of this AD, as applicable, at the times specified in 
that paragraph.
    (1) Type A wear: The bushing is worn such that the pin is visible 
in one or more locations.
    (2) Type B wear: The bushing is worn, but the pin is not visible.
    (3) Type C wear: The bushing is not worn.

Corrective Actions

    (c) For power lever rods on which Type A wear is detected during 
the inspection required by paragraph (b) of this AD: Within 900 flight 
hours after accomplishment of that inspection, accomplish the 
requirements of paragraph (c)(1) or (c)(2) of this AD in accordance 
with Dornier Alert Service Bulletin ASB-328-76-024, Revision 1, dated 
August 5, 1998. Accomplishment of paragraph (c)(1) or (c)(2) terminates 
the tests required by paragraph (a) of this AD for that power lever rod 
only.
    (1) Replace the power lever rod with a new power lever rod.
    (2) Replace the pins and bushings with new pins and bushings, and 
accomplish paragraphs (c)(2)(i) and (c)(2)(ii) of this AD.
    (i) Thereafter, accomplish follow-on inspections and corrective 
actions (i.e. inspections for wear or looseness of the replaced pins 
and bushings), at the times and in accordance with the Accomplishment 
Instructions of the alert service bulletin; and,
    (ii) Within 900 flight hours after replacement of the pins and 
bushings, replace the power lever rod with a new power lever rod.
    (d) For power lever rods on which Type B wear is detected during 
the inspection required by paragraph (b) of this AD: Thereafter, 
accomplish follow-on inspections and corrective actions at the times 
and in accordance with the Accomplishment Instructions of Dornier Alert 
Service Bulletin ASB-328-76-024, Revision 1, dated August 5, 1998, 
until the requirements of paragraph (f) of this AD are accomplished.
    (e) For power lever rods on which Type C wear is detected during 
the inspection required by paragraph (b) of this AD: Determination of 
Type C wear terminates the tests required by paragraph (a) of this AD 
for that power lever rod only. Thereafter, accomplish follow-on 
inspections and corrective actions at the times and in accordance with 
the Accomplishment Instructions of Dornier Alert Service Bulletin ASB-
328-76-024, Revision 1, dated August 5, 1998, until the requirements of 
paragraph (f) of this AD are accomplished.

Terminating Action

    (f) Within 6 months after the effective date of this AD: Replace 
the power lever

[[Page 31523]]

and condition lever rods of the engine controls with new, improved 
parts in accordance with Dornier Service Bulletin SB-328-76-268, 
Revision 1, dated December 9, 1998. Accomplishment of the replacement 
constitutes terminating action for the requirements of this AD.

    Note 2: Replacement of the power lever and condition lever rods 
accomplished prior to the effective date of this AD in accordance 
with Dornier Service Bulletin SB-328-76-268, dated August 11, 1998, 
is considered acceptable for compliance with paragraph (f) of this 
AD.

Alternative Methods of Compliance

    (g) 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. 
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

    (h) 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 4: The subject of this AD is addressed in German 
airworthiness directive 1998-344/3, dated February 11, 1999.

    Issued in Renton, Washington, on June 4, 1999.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-14819 Filed 6-10-99; 8:45 am]
BILLING CODE 4910-13-P