[Federal Register Volume 61, Number 241 (Friday, December 13, 1996)]
[Proposed Rules]
[Pages 65492-65494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31607]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-116-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 a one-time check of the
clearance between certain braces that connect the wings to the fuselage
and the frame to which the top fairing is attached; and modification of
the frame's Z-profile if the clearance is insufficient to prevent the
braces from coming in contact with the frame. In addition, the proposed
AD would require a one-time check of these braces to detect damage or
wear; and repair, if necessary. This proposal is prompted by a report
indicating that insufficient clearance between these braces and the
frame could result in wear and consequent breaking of the braces. The
actions specified by the proposed AD are intended to prevent failure of
these braces, which could result in unstable movement of the wings in
relation to the fuselage and adversely affect the aerodynamic
characteristics of the wings.
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-116-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,
[[Page 65493]]
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-116-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-116-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 a report indicating that there may not be
sufficient clearance between the diagonal braces that connect the left
and right wings to the fuselage and the frame to which the top fairing
is attached. A design analysis detected this discrepancy during
certification of the airplane.
Continuous contact between the diagonal brace and the frame could
cause the brace to become worn, and ultimately break. Should the brace
fail, it could result in unstable movement of the wing in relation to
the fuselage and adversely affect the wing's aerodynamic
characteristics.
Explanation of Relevant Service Information
Dornier has issued Service Bulletin SB-328-53-051, dated August 16,
1994, which describes procedures for checking the clearance between the
diagonal braces on the left and right wings and the frame to which the
top fairing is attached; and modifying the frame's Z-profile, if there
is not a certain minimum clearance between each brace and the frame. In
addition, this service bulletin describes procedures for checking each
diagonal brace for damage or wear resulting from contact between the
brace and the frame. The LBA classified this service bulletin as
mandatory and issued German airworthiness directive 94-353, dated
November 21, 1994, 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 a check of the
clearance between the diagonal braces on the left and right wings and
the frame to which the top fairing is attached; and modification of the
frame's Z-profile if there is not a certain minimum clearance between
each brace and the frame. In addition, the proposed AD would require a
check of these braces to detect damage or wear resulting from contact
between each brace and the frame. The actions would be required to be
accomplished in accordance with the service bulletin described
previously. Repair of damaged or worn braces would be required to be
accomplished in accordance with a method approved by the FAA.
Cost Impact
The FAA estimates that 5 Dornier Model 328-100 series airplanes of
U.S. registry would be affected by this proposed AD.
It would take approximately 4 work hours per airplane to accomplish
the proposed actions, at an average labor rate of $60 per work hour.
Based on these figures, the cost impact of the proposed AD on U.S.
operators is estimated to be $1,200, or $240 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-116-AD.
Applicability: Model 328-100 series airplanes having serial
numbers 3005 through 3014 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 request approval for an
alternative method of compliance in
[[Page 65494]]
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 diagonal braces that connect the left
and right wings to the fuselage, which could result in unstable
movement of the wings and adversely affect the aerodynamic
characteristics of the wings, accomplish the following:
(a) Within 90 days after the effective date of this AD, perform
the actions required by paragraphs (a)(1) and (a)(2) of this AD.
(1) Check the clearance between the diagonal braces that connect
the left and right wings to the fuselage and the Z-profile of the
frame to which the top fairing is attached, in accordance with
Dornier Service Bulletin SB-328-53-051, dated August 16, 1994.
(i) If the clearance meets or exceeds the minimum limits
specified in the service bulletin, no further action is required by
paragraph (a)(1) of this AD.
(ii) If the clearance is less than the minimum limits specified
in the service bulletin, prior to further flight, modify the Z-
profile of the frame to which the top fairing is attached, in
accordance with the service bulletin.
(2) Check each diagonal brace for damage or wear, in accordance
with the service bulletin.
(i) If no damage or wear is detected, no further action is
required by paragraph (a)(2) of this AD.
(ii) If any damage or wear is detected, prior to further flight,
repair the diagonal brace in accordance with a method approved by
the Manager Standardization Branch, ANM-113, FAA, Transport Airplane
Directorate.
(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.
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 6, 1996.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-31607 Filed 12-12-96; 8:45 am]
BILLING CODE 4910-13-U
