[Federal Register Volume 61, Number 2 (Wednesday, January 3, 1996)]
[Proposed Rules]
[Pages 133-134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-43]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-136-AD]
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 installation of a
reinforcement doubler on the rudder skin. This proposal is prompted by
the results of a design review of this airplane model that revealed
inadequate structural strength of the attachment fitting of the rudder
damper and of the adjacent structure. The actions specified by the
proposed AD are intended to prevent failure of the attachment structure
of the rudder damper in the event of aerodynamic gust loads, as the
result of inadequate structural strength of the subject structure.
DATES: Comments must be received by February 13, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-136-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 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: Gary Lium, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-1112; fax (206) 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 95-NM-136-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-103, Attention: Rules
Docket No. 95-NM-136-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
[[Page 134]]
Discussion
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, recently notified the FAA that an unsafe condition may
exist on certain Dornier Model 328-100 series airplanes. The LBA
advises that the results of the manufacturer's design review of this
airplane model have revealed that the structural strength of the
attachment fitting of the rudder damper and of the adjacent structure
is inadequate to withstand the ground gust specifications required by
Federal Aviation Regulations (FAR) part 25 (14 CFR 25). This condition,
if not corrected, could result in failure of the attachment structure
of the rudder damper in the event of aerodynamic gust loads, which
could contribute to reduced controllability of the airplane.
Dornier has issued Service Bulletin SB-328-27-063, Revision 1,
dated January 26, 1995, which describes procedures for installation of
a reinforcement doubler on the rudder skin. The reinforcement doubler
will improve the structural integrity of the attachment fitting of the
rudder damper and of the adjacent structure. The LBA classified this
service bulletin as mandatory and issued German airworthiness directive
94-352 in order to assure the continued airworthiness of these
airplanes in Germany.
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.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design, the
proposed AD would require installation of a reinforcement doubler on
the rudder skin. The actions would be required to be accomplished in
accordance with the service bulletin described previously.
The FAA estimates that 12 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 actions, and that the
average labor rate is $60 per work hour. Required parts would be
supplied by the manufacturer at no cost to operators. Based on these
figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $1,440, 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.
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 USC 106(g), 40101, 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Dornier: Docket 95-NM-136-AD.
Applicability: Model 328-100 series airplanes, serial numbers
3005 through 3024 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
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 use the authority
provided in paragraph (b) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the attachment structure of the rudder
damper in the event of aerodynamic gust loads, accomplish the
following:
(a) Within 6 months after the effective date of this AD, install
a reinforcement doubler on the rudder skin in accordance with
Dornier Service Bulletin SB-328-27-063, Revision 1, dated January
26, 1995.
(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, Standardization Branch, ANM-113,
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,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(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.
Issued in Renton, Washington, on December 27, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-43 Filed 1-2-96; 8:45 am]
BILLING CODE 4910-13-U
