[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Rules and Regulations]
[Pages 16094-16096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8351]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-119-AD; Amendment 39-10432; AD 98-07-12]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment supersedes an existing airworthiness directive
(AD), applicable to all Dornier Model 328-100 series airplanes, that
currently requires repetitive tightening of the screws and quick-
release fasteners on the wing/body fairing panels. This action will
continue to require the repetitive tightening of these parts on certain
airplanes. This amendment requires the installation of new fastener
systems for those panels on certain airplanes and the application of
new torque values. Accomplishment of these actions will terminate the
requirement for repetitive tightening of the screws and fasteners of
those airplanes. In addition, the AD will limit the applicability of
the existing AD by removing certain airplanes. This amendment is
prompted by the manufacturer's development of new fastener systems that
will not vibrate and loosen. The actions specified by this AD are
intended to prevent separation of loosened wing/body fairing panels
from the airplane, which, if not corrected, could lead to structural
damage to the horizontal or vertical stabilizer, and potential injury
to persons on the ground.
DATES: Effective May 7, 1998.
The incorporation by reference of Dornier Service Bulletin SB-328-
53-144, evision 2, dated September 18, 1996, as listed in the
regulations, is approved by the Director of the Federal Register as of
May 7, 1998.
The incorporation by reference of Dornier Alert Service Bulletin
ASB-328-53-004, dated August 2, 1994, including Figures 1 and 2 of
Annex 1, as listed in the regulations, was approved previously by the
Director of the Federal Register as of October 26, 1994 (59 FR 51361,
October 11, 1994).
ADDRESSES: 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
Federal Aviation Administration (FAA), Transport Airplane Directorate,
Rules Docket, 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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) by superseding AD 94-21-02,
amendment 39-9043 (59 FR 51361, October 11, 1994), which is applicable
to all Dornier Model 328-100 series airplanes, was published in the
Federal Register on June 17, 1997 (62 FR 32699). The action proposed to
supersede AD 94-21-02 to continue to require repetitive tightening of
the screws and quick-release fasteners on the wing/body fairing panels.
For certain airplanes, the proposed AD also would require the
installation of new fastener systems for those panels, and the
application of new torque values. Accomplishment of these actions would
terminate the requirement for repetitive tightening of the screws and
fasteners of those airplanes. In addition, the proposed AD would limit
the applicability of the existing AD by removing certain airplanes.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. One commenter, an organization
representing regional airlines, responded to the invitation for
comments extended in the proposal to amend part 39. Due consideration
has been given to the comments received from that commenter.
As noted above, the proposed AD would require, for certain
airplanes, the installation of new fastener systems and application of
new torque values for the affected panels. Upon completion of those
modifications, the requirement presently contained in AD 94-21-02 for
repetitive tightening of the screws and fasteners would be terminated.
Instead of this required terminating action, the commenter requests
that those modifications be approved as an optional terminating action.
Operators could then choose to complete those modifications or continue
performing the inspections presently required by AD 94-21-02. The
commenter contends that the inspections currently mandated by AD 94-21-
02 have been shown to be highly effective in responding to the
airworthiness concern addressed in this AD. The commenter adds that the
subject fasteners are highly visible. In addition, the mandated
inspection also is supplemented by general daily inspection of the
panels. Although the commenter indicates that accomplishment of the
modification is critical for continued airworthiness, the ability to
accomplish the required inspections, as well as a lack of in-service
findings, support the contention that inspections should be allowed to
continue.
The FAA does not concur with the commenter's request. The FAA has
determined that long term continued operational safety will be better
assured by modifications or design changes to remove the source of the
problem rather than by repetitive inspections. Long term inspections
may not be providing the degree of safety assurance necessary for the
transport airplane fleet. This, coupled with a better understanding of
the human factors associated with numerous repetitive inspections has
led the FAA to consider placing less emphasis on special procedures and
more emphasis on design considerations. The FAA, therefore, does not
concur that continued reliance on the inspections presently required by
AD 94-21-02, as suggested by the commenter, would provide an adequate
level of safety.
The commenter also requests that if continued reliance on the
inspections presently required by AD 94-21-02 is not permitted, the
compliance period for the required modifications should be extended to
24 months after the effective date of the AD. In that regard, the
commenter presents economic data provided by an operator of affected
aircraft.
[[Page 16095]]
The commenter states that the cost impact information contained in
the proposed rule only identifies eight affected airplanes. However,
the commenter indicates that one operator alone operates 13 affected
airplanes, and estimates that, if a 12-month compliance time is
adopted, the cost of retrofit for that operator will be over $200,000,
including disruption to its airline schedule.
The FAA concurs with the commenter's request to extend the
compliance time for accomplishment of the modification. The cost impact
of the proposed AD was based on the assumption that eight airplanes
would be affected. As the commenter notes, there are now considerably
more affected airplanes in service. In light of this, the FAA has
revised the cost impact information, below, to specify that 29
airplanes of U.S. registry will be affected by this AD.
The FAA's intent was that the modification be accomplished during a
regularly scheduled maintenance visit for the majority of the affected
fleet, when the airplanes would be located at a base where special
equipment and trained personnel would be readily available, if
necessary. Based on the information supplied by the commenter, the FAA
now recognizes that 24 months will allow the majority of affected
operators to accomplish the modification within regularly scheduled
maintenance visits. The FAA has revised paragraph (b) of this final
accordingly. The FAA does not consider that this extension will
adversely affect safety.
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes previously
described. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
There are approximately 29 Dornier Model 328-100 series airplanes
of U.S. registry that will be affected by this AD.
The actions that are currently required by AD 94-21-02 take
approximately 3 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. Based on these figures, the cost
impact of the previously required actions on U.S. operators is
estimated to be $5,220, or $180 per airplane.
The new actions that are required by this new AD will take
approximately 120 work hours per airplane to accomplish, at an average
labor rate of $60 per work hour. Required parts will be provided by the
manufacturer at no cost to the operator. Based on these figures, the
cost impact of the new requirements of this AD on U.S. operators is
estimated to be $208,800, or $7,200 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the 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 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.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it 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 removing amendment 39-9043 (59 FR
51361, ctober 11, 1994), and by adding a new airworthiness directive
(AD), amendment 39-10432, to read as follows:
98-07-12 Dornier: Amendment 39-10432. Docket 96-NM-119-AD.
Supersedes AD 94-21-02, Amendment 39-9043.
Applicability: All Model 328-100 airplanes having serial number
3005 through 3047 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
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 (c) 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 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:
Restatement of the Requirements of AD 94-21-02
(a) Within 25 hours time-in-service after October 26, 1994 (the
effective date of AD 94-21-02, amendment 39-9043), 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 2: The proper torque values are specified in the alert
service bulletin.
New Requirements of this AD
(b) Within 24 months after the effective date of this AD, modify
the left and right top fairing attachments by installing new
fastener systems and increasing the torque values applied to these
fasteners, in accordance with Dornier Service Bulletin SB-328-53-
144, Revision 2, dated September 18, 1996. Accomplishment of this
modification constitutes terminating action for the repetitive
tightening actions required by paragraph (a) of this AD.
Note 3: Installation of the new fastener systems and the
application of new torque values accomplished prior to the effective
date of this AD in accordance with Dornier Service Bulletin SB-328-
53-144, dated December 14, 1995, or Revision 1, dated January 18,
1996, is considered acceptable for compliance with the requirements
of paragraph (b) of this AD.
[[Page 16096]]
(c) 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 Inspector, who may add
comments and then send it to the Manager, International Branch, ANM-
116.
Note 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
(d) 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.
(e) The actions shall be done in accordance with Dornier Service
Bulletin SB-328-53-144, Revision 2, dated September 18, 1996, and
Dornier Alert Service Bulletin ASB-328-53-004, dated August 4, 1994.
(1) The incorporation by reference of Dornier Service Bulletin
SB-328-53-144, Revision 2, dated September 18, 1996, is approved by
the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
(2) The incorporation by reference of a Dornier Alert Service
Bulletin ASB-328-53-004, dated August 2, 1994, including Figures 1
and 2 of Annex 1, as listed in the regulations, was approved
previously by the Director of the Federal Register as of October 26,
1994 (59 FR 51361, October 11, 1994).
(3) 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 5: The subject of this AD is addressed in German
airworthiness directive 94-009/4, dated February 1, 1996.
(f) This amendment becomes effective on May 7, 1998.
Issued in Renton, Washington, on March 25, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-8351 Filed 4-1-98; 8:45 am]
BILLING CODE 4910-13-U
