[Federal Register Volume 59, Number 195 (Tuesday, October 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24871]
[[Page Unknown]]
[Federal Register: October 11, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-NM-171-AD; Amendment 39-9043; AD 94-21-02]
Airworthiness Directives; Dornier Model 328-100 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 airplanes. This action
requires repetitive tightening of the screws and quick-release
fasteners on the wing/body fairing panels. This amendment is prompted
by reports of loosened wing/body fairing panels. The actions specified
in this AD are intended to prevent structural damage to the horizontal
or vertical stabilizer and potential injury to persons on the ground
due to loosened wing/body fairing panels that may separate from the
airplane.
DATES: Effective October 26, 1994.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 26, 1994.
Comments for inclusion in the Rules Docket must be received on or
before December 12, 1994.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 94-NM-171-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The service information referenced in this AD may be obtained from
Dornier Luftfahrt GmbH, P.O. Box 1103, D-82230 Wessling, Federal
Republic of 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: 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) 227-1320.
SUPPLEMENTARY INFORMATION: The Luftfahrt-Bundesamt (LBA), which is the
airworthiness authority for the Federal Republic of Germany, recently
notified the FAA that an unsafe condition may exist on all Dornier
Model 328-100 airplanes. The LBA advises that during flight testing,
prior to certification of Model 328-100 airplanes, the quick-release
(camlock) fasteners on the wing/body fairing panels were found to be
loose on several airplanes. In another instance, an operator of Model
328-100 airplanes reported that a loosened fairing panel separated from
an in-service airplane and struck an antenna on the empennage while the
airplane was in flight. Investigation into the cause of these loosened
panels revealed that the flex of the wing, coupled with the relative
motion between the fairing panel and its supporting structure, may have
caused the fasteners to back out. Such loosened fasteners may have
allowed air loads to pull the panel loose from its supports, which
resulted in the panel separating from the airplane. In addition, the
tightness of the fasteners may have compressed the relatively soft
material of the fairing panel, which may have contributed to the
loosening of the fasteners. This condition, if not corrected, could
result in structural damage to the horizontal or vertical stabilizer
and potential injury to persons on the ground due to loosened wing/body
fairing panels that may separate from the airplane.
Dornier has issued Alert Service Bulletin ASB-328-53-004, dated
August 2, 1994, which describes procedures for repetitive tightening of
the screws and quick-release fasteners on the wing/body fairing panels.
The LBA classified this alert service bulletin as highly recommended
and issued LBA Airworthiness Directive 94-009/3, dated September 8,
1994, in order to assure the continued airworthiness of these airplanes
in the Federal Republic of Germany.
This airplane model is manufactured in the Federal Republic of
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 registered
in the United States, this AD is being issued to prevent structural
damage to the horizontal or vertical stabilizer and potential injury to
persons on the ground due to loosened wing/body fairing panels that may
separate from the airplane. This AD requires repetitive tightening of
the screws and quick-release fasteners on the wing/body fairing panels.
The actions are required to be accomplished in accordance with the
alert service bulletin described previously.
This is considered to be interim action. The manufacturer has
advised that it currently is developing a 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.
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.
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 94-NM-171-AD.'' The postcard will be date stamped and
returned to the commenter.
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. App. 1354(a), 1421 and 1423; 49 U.S.C.
106(g); and 14 CFR 11.89.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
94-21-02 Dornier: Amendment 39-9043. Docket 94-NM-171-AD.
Applicability: All Model 328-100 airplanes, certificated in any
category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent structural damage to the horizontal or vertical
stabilizer and potential injury to persons on the ground due to
loosened wing/body fairing panels that may separate from the
airplane, accomplish the following:
(a) Within 25 hours time-in-service after the effective date of
this AD, tighten the screws and quick-release fasteners on the wing/
body fairing panels, in accordance with Dornier Alert Service
Bulletin ASB-328-53-004, dated August 2, 1994. Repeat these
procedures thereafter at intervals not to exceed 100 hours time-in-
service.
Note 1: The proper torque values are specified in the alert
service bulletin.
(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.
(d) The tightening shall be done in accordance with Dornier
Alert Service Bulletin ASB-328-53-004, dated August 2, 1994,
including Figures 1 and 2 of Annex 1. 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 Dornier Luftfahrt GmbH, P.O. Box 1103, D-82230
Wessling, Federal Republic of 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.
(e) This amendment becomes effective on October 26, 1994.
Issued in Renton, Washington, on October 3, 1994.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 94-24871 Filed 10-7-94; 8:45 am]
BILLING CODE 4910-13-P
