[Federal Register Volume 61, Number 241 (Friday, December 13, 1996)]
[Proposed Rules]
[Pages 65494-65496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31606]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-117-AD]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 Series Airplanes
Equipped With Burns Aerospace Corporation Commuter Seat Models JB6.8-1-
22 and JB6.8-2-42 Passenger Seats
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 modification of the
restraining systems of certain passenger seats by replacing anchor
point fasteners with fasteners that are able to withstand required 16g
load conditions. This proposal is prompted by a report indicating that
the restraining systems on these seats failed to meet 16g test load
requirements during dynamic testing. The actions specified by the
proposed AD are intended to prevent the fasteners from failing, which
could result in release of the seat restraint and consequent injury to
passengers.
DATES: Comments must be received by January 23, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-117-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: Connie Beane, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2796; 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 96-NM-117-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. 96-NM-117-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
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 it has received reports indicating that the restraining
system on certain passenger seats installed on these airplanes may not
meet the 16g test load requirements. The manufacturer of the
restraining system, Burns Aerospace Corporation, detected this
discrepancy in design during its dynamic testing of commuter seat
models JB6.8-1-22 and JB6.8-2-42. These tests showed that the anchor
point fasteners for the restraining system failed when subjected to
loads that the fasteners were required to carry. Should these fasteners
fail, the seat restraint could release and consequently, passengers
could be injured. No such occurrences have been reported in service,
however.
[[Page 65495]]
Explanation of Relevant Service Information
Dornier has issued Service Bulletin SB-328-25-114, dated July 10,
1995, which describes procedures for replacement of the anchor point
fasteners on Model 328-100 series airplanes equipped with Burns
Aerospace Corporation commuter seat models JB6.8-1-22 and JB6.8-2-42
passenger seats. (This service bulletin references Burns Aerospace
Corporation Service Bulletin SB-25-20-989 Revision B, dated June 14,
1995, as an additional source of procedural service information.) The
replacement fasteners have been redesigned so that the restraining
system is able to withstand the required 16g test load conditions. The
LBA classified the Dornier service bulletin as mandatory and issued
German airworthiness directive 95-240/2, dated August 10, 1995, 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 replacement of the
anchor point fasteners on Burns Aerospace Corporation commuter seat
models JB6.8-1-22 and JB6.8-2-42 passenger seats, with fasteners that
will ensure that the restraining system for these seats is able to
withstand the required 16g test load conditions. The actions would be
required to be accomplished in accordance with the Dornier service
bulletin described previously.
Cost Impact
The FAA estimates that 36 Dornier Model 328-100 series airplanes of
U.S. registry would be affected by this proposed AD.
It would take approximately 1 work hour per seat to accomplish the
proposed actions, at an average labor rate of $60 per work hour. There
are normally 30 seats per airplane. Required parts would be provided 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
$64,800, or $1,800 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: Docket 96-NM-117-AD.
Applicability: Model 328-100 series airplanes equipped with
Burns Aerospace Corporation commuter seat models JB6.8-1-22 and
JB6.8-2-42 passenger seats; 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 (b) 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 anchor point fasteners on the seat
restraining systems, which could result in release of the seat
restraint and consequent injury to passengers, accomplish the
following:
(a) Within 60 days after the effective date of this AD, replace
each anchor point fastener on the restraining system of each seat
with a fastener of improved design, in accordance with Dornier
Service Bulletin SB-328-25-114, dated July 10, 1995.
Note 2: The service bulletin references Burns Aerospace
Corporation Service Bulletin SB-25-20989, Revision B, dated June 14,
1995, as an additional source of procedural service information for
replacement of the anchor point fastener.
(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 3: 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.
[[Page 65496]]
Issued in Renton, Washington, on December 6, 1996.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-31606 Filed 12-12-96; 8:45 am]
BILLING CODE 4910-13-U
