[Federal Register Volume 63, Number 91 (Tuesday, May 12, 1998)]
[Proposed Rules]
[Pages 26112-26114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12510]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-123-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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[[Page 26113]]
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 visual
inspection to detect cracking in the axle adapter of the shock absorber
of the nose landing gear (NLG), and corrective actions, if necessary.
This proposal is prompted by issuance of mandatory continuing
airworthiness information by a foreign civil airworthiness authority.
The actions specified by the proposed AD are intended to correct
cracking in the axle adapter of the shock absorber of the NLG, which
could result in failure of the NLG and consequent damage to the
airplane structure.
DATES: Comments must be received by June 11, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-123-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 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.
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:
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 98-NM-123-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-114, Attention: Rules
Docket No. 98-NM-123-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, notified the FAA that an unsafe condition may exist on
certain Dornier Model 328-100 series airplanes. The LBA advises that an
operator reported finding a crack in the axle adapter of the shock
absorber in the nose landing gear (NLG) during a maintenance check.
Investigation revealed that, in certain areas of the crack, there was a
presence of dichromate, an orange-red chemical used in material
processing for the purposes of resisting corrosion. This presence of
dichromate indicates that at least part of the crack was present during
the manufacturing cycle of the component. This condition, if not
corrected, could result in cracks in the axle adapter of the shock
absorber of the NLG, which could cause failure of the NLG and
consequent damage to the airplane structure.
Explanation of Relevant Service Information
The manufacturer has issued Dornier Service Bulletin SB-328-32-213,
dated April 16, 1997, which describes procedures for a one-time visual
inspection to detect cracking in the axle adapter of the shock absorber
of the NLG, and corrective actions, if necessary. The corrective
actions involve removal and replacement of the NLG shock absorber with
a new or serviceable shock absorber if any cracking is detected in the
axle adapter. The LBA classified this service bulletin as mandatory and
issued German airworthiness directive 97-142, dated May 22, 1997, in
order to assure the continued airworthiness of these airplanes in
Germany.
The Dornier service bulletin references Messier-Dowty Service
Bulletin 800-32-027, dated May 7, 1997, as an additional source of
service information to accomplish the inspection.
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 accomplishment of
actions specified in the Dornier service bulletin described previously.
Cost Impact
The FAA estimates that 50 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 1 work
hour per airplane to accomplish the proposed inspection, at an average
labor rate of $60 per work hour. Based on these figures, the cost
impact of the inspection proposed by this AD on U.S. operators is
estimated to be $3,000, or $60 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
[[Page 26114]]
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 Luftfahrt GMBH: Docket 98-NM-123-AD.
Applicability: Model 328-100 series airplanes, equipped with
nose landing gear (NLG) having serial below IL113; 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 correct cracking in the axle adapter of the shock absorber of
the NLG, which could cause failure of the NLG and consequent damage
to the airplane structure, accomplish the following:
(a) Within 300 flight hours after the effective date of this AD,
perform a one-time visual inspection to detect cracking in the axle
adapter of the NLG shock absorber, in accordance with Dornier
Service Bulletin SB-328-32-213, dated April 16, 1997.
(1) If no cracking is detected, no further action is required by
this AD.
(2) If any cracking is detected, prior to further flight, remove
the NLG shock absorber and replace with a new or serviceable part,
in accordance with the service bulletin.
Note 2: Dornier Service Bulletin SB-328-32-213, dated April 16,
1997, references Messier-Dowty Service Bulletin 800-32-027, dated
May 7, 1997, as an additional source of service information to
accomplish the inspection, removal, and repair.
(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 request
through an appropriate FAA Principal Maintenance Inspector, who may
add comments and then send it to the Manager, International Branch,
ANM-116.
Note 3: 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.
Note 4: The subject of this AD is addressed in German
airworthiness directive 97-142, dated May 22, 1997.
Issued in Renton, Washington, on May 5, 1998.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-12510 Filed 5-11-98; 8:45 am]
BILLING CODE 4910-13-U
