Airworthiness directives: Dornier,

[Federal Register: October 8, 1998 (Volume 63, Number 195)]

[Proposed Rules]

[Page 54080-54082]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08oc98-21]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-198-AD]

RIN 2120-AA64

Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This document proposes the adoption of a new airworthiness directive (AD) that is applicable to all Dornier Model 328-100 series airplanes. This proposal would require one-time visual inspections of the elevator trim system for paint contamination on the actuator pistons and to determine the moisture level of the moisture indicator; verification of the installation and condition of the gasket of the flex drive; and corrective actions, if necessary. 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 elevator trim system due to paint/moisture contamination, and consequent reduced controllability of the airplane.

DATES: Comments must be received by November 9, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 98-NM-198-AD, 1601 Lind Avenue, SW, 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 filedin 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 98-NM-198-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. 98-NM-198-AD, 1601 Lind Avenue, SW, Renton, Washington 98055-4056.

[[Page 54081]]

Discussion

The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for Germany, notified the FAA that an unsafe condition may exist on all Dornier Model 328-100 series airplanes. The LBA advises that it has received several reports of the elevator trim actuator freezing up during certain phases of flight. Investigation revealed that the moisture indicators of the elevator trim actuators were pink, and in some cases white (blue is normal), which indicates the presence of moisture. Further investigation revealed that paint contamination was present on the actuator pistons of the elevator trim system, which caused wear of the piston seals. Such wear may have allowed moisture to enter the trim system and freeze, which may cause the actuators to bind and the flex drive to become loose. These conditions, if not corrected, could result in failure of the elevator trim system, and consequent reduced controllability of the airplane.

Explanation of Relevant Service Information

Dornier has issued Alert Service Bulletin ASB-328-27-017, Revision 2, dated July 28, 1998. The alert service bulletin describes procedures for one-time visual inspections of the elevator trim system for paint contamination on the actuator pistons and to determine the moisture level of the moisture indicator; and verification of the installation and condition of the gasket of the flex drive; and corrective actions, if necessary. The corrective actions include removal of any paint contamination detected on the piston surface; replacement of the moisture indicator desiccant of the trim actuator; replacement of the gasket with a new gasket; and torquing the nuts of the flex drive to the correct value.

Accomplishment of the actions specified in the Dornier alert service bulletin is intended to adequately address the identified unsafe condition. The LBA classified this alert service bulletin as mandatory and issued German airworthiness directive 97-188, dated July 3, 1997, in order to assure the continued airworthiness of these airplanes in Germany.

Aviac Technologies, the manufacturer of the desiccant, has issued Identification Procedure for Desiccant DAV/AP98-214, Revision 0, dated April 22, 1998, as an additional source of service information to determine the level of saturation of the desiccant.

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 alert service bulletin described previously.

Cost Impact

The FAA estimates that 50 airplanes of U.S. registry would be affected by this proposed AD, that it would take approximately 2 work hours per airplane to accomplish the proposed inspections, and that the average labor rate is $60 per work hour. Based on these figures, the cost impact of the proposed AD on U.S. operators is estimated to be $6,000, or $120 per airplane.

The cost impact figure discussed above is 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 98-NM-198-AD.

   Applicability: All Model 328-100 series airplanes, 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 (c) 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 elevator trim system due to paint/ moisture contamination, and consequent reduced controllability of the airplane, accomplish the following:

   (a) Within 2 months after the effective date of this AD, perform a one-time visual inspection of the elevator trim system for paint contamination on the actuator pistons and examine the trim actuator moisture indicator to determine the desiccant moisture level, in accordance with the Dornier Alert Service Bulletin ASB-328-27-017, Revision 2, dated July 28, 1998.

   (1) If no paint contamination is detected on the actuator pistons, and the moisture indicator of the trim actuator is blue or pale blue, no further action is required by paragraph (a) of this AD.

   [[Page 54082]]

   (2) If no paint contamination is detected on the actuator pistons and the moisture indicator of the trim actuator is pink or white, prior to further flight, replace the trim actuator with a new or serviceable trim actuator and either replace or regenerate the desiccant in accordance with the alert service bulletin.

   (3) If any paint contamination is detected on the actuator pistons, prior to further flight, remove the paint in accordance with the alert service bulletin.

   Note 2: Aviac Technologies, the manufacturer of the desiccant, has issued Identification Procedure for Desiccant DAV/AP98-214, Revision 0, dated April 22, 1998, as an additional source of service information to determine the level of saturation of the desiccant.

   (b) Within 2 months after the effective date of this AD, perform a one-time visual inspection to verify installation of the flat gasket in each end of the flex drive, and to determine if the flat gasket is in good condition (i.e., shows no signs of wear), in accordance with Dornier Alert Service Bulletin ASB-328-27-017, Revision 2, dated July 28, 1998.

   (1) If the gasket is installed and in good condition, no further action is required by paragraph (b) of this AD.

   (2) If the gasket is missing or is installed and not in good condition, prior to further flight, replace the gasket with a new gasket, and torque the nuts, in accordance with the alert service bulletin.

   Note 3: Accomplishment of the actions required by paragraphs (a) and (b) of this AD, prior to the effective date of this AD, in accordance with Dornier Alert Service Bulletin ASB-328-27-017, Revision 1, dated October 1, 1997, is considered acceptable for compliance with the applicable actions specified in paragraphs (a) and (b) of this AD.

   (c) 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 4: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the International Branch, ANM-116.

   (d) Special flight permits may be issued in accordance with Secs. 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 5: The subject of this AD is addressed in German airworthiness directive 97-188, dated July 3, 1997.

   Issued in Renton, Washington, on October 1, 1998. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

   [FR Doc. 98-26964Filed10-7-98; 8:45 am]

   BILLING CODE 4910-13-P