[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Rules and Regulations]
[Pages 6642-6643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3264]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-23-AD; Amendment 39-10319; AD 98-04-06]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 Series 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 series airplanes. This
action requires repetitive visual inspections for signs of fuel leakage
of the outer wing beginning with Rib 21 and continuing outward, and
corrective action, if necessary. This amendment is prompted by issuance
of mandatory continuing airworthiness information by a foreign civil
airworthiness authority. The actions specified in this AD are intended
to prevent fuel leakage on the outboard wing, which could result in a
fuel explosion and fire.
DATES: Effective February 25, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 25, 1998.
Comments for inclusion in the Rules Docket must be received on or
before March 12, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-23-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The service information referenced in this AD 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; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
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: The Luftfahrt-Bundesamt (LBA), which is the
airworthiness authority for Germany, recently notified the FAA that an
unsafe condition may exist on all Dornier Model 328-100 series
airplanes. The LBA advises that during a routine line check, fuel
leakage was found at Rib 21 on the left-hand outboard wing. The cause
has been attributed to inadequate sealing of the fuel tanks located in
each wing. Such fuel leakage, if not corrected, could result in a fuel
explosion and fire.
Explanation of Relevant Service Information
Dornier has issued Alert Service Bulletin ASB-328-57-020, dated
October 28, 1997, which describes procedures for repetitive visual
inspections of the left and right-hand outer wings, beginning with Rib
21 and continuing outward, for signs of fuel leakage; and re-sealing of
the respective fuel tank, if necessary. The LBA classified this alert
service bulletin as mandatory and issued German airworthiness directive
1998-020, dated January 15, 1998, 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 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, this AD is being issued to prevent fuel leakage
on the outboard wing, which could result in a fuel explosion and fire.
This AD requires accomplishment of the actions specified in the alert
service bulletin described previously.
Interim Action
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
Determination of Rule's Effective Date
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
[[Page 6643]]
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 98-NM-23-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
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. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
98-04-06 Dornier: Amendment 39-10319. Docket 98-NM-23-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 (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 fuel leakage on the outboard wing, which could result
in risk of a fuel explosion and fire, accomplish the following:
(a) Within 30 days after the effective date of this AD, perform
a visual inspection of the left and right-hand outer wings,
beginning with Rib 21 and continuing outward, for signs of fuel
leakage, in accordance with Dornier Alert Service Bulletin ASB-328-
57-020, dated October 28, 1997. If any sign of fuel leakage is
detected, prior to further flight, re-seal the respective fuel tank
in accordance with the alert service bulletin. Repeat the inspection
at intervals not to exceed 1,500 flight hours or 6 months, whichever
occurs first.
(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, 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 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
(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 actions shall be done in accordance with Dornier Alert
Service Bulletin ASB-328-57-020, dated October 28, 1997. 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 FAIRCHILD DORNIER, DORNIER Luftfahrt
GmbH, P.O. Box 1103, D-82230 Wessling, 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.
Note 3: The subject of this AD is addressed in German
airworthiness directive 1998-020, dated January 15, 1998.
(e) This amendment becomes effective on February 25, 1998.
Issued in Renton, Washington, on February 4, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-3264 Filed 2-9-98; 8:45 am]
BILLING CODE 4910-13-P
