[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29274-29276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14227]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-109-AD; Amendment 39-9655; AD 96-11-15]
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 document publishes in the Federal Register an amendment
adopting Airworthiness Directive (AD) 96-11-15 that was sent previously
to all known U.S. owners and operators of Dornier Model 328-100 series
airplanes by individual notices. This AD requires that the Limitations
Section of the FAA-approved Airplane Flight Manual (AFM) be revised to
restrict flight altitude to a maximum of 10,000 feet mean sea level
(MSL). This AD also requires replacement of ``lightweight'' windshields
(left and right-hand) with new windshields. This amendment is prompted
by reports indicating that the outer face ply of ``lightweight''
windshields (left-hand and right-hand) installed on these airplanes
have shattered or cracked while the airplane was in flight. The actions
specified by this AD are intended to prevent restriction of the
flightcrew's ability to see through the windshields due to shattering
or cracking of the windshields, and to continue to control the airplane
safely.
DATES: Effective June 17, 1996, to all persons except those persons to
whom it was made immediately effective by emergency AD 96-11-15, issued
May 24, 1996, which contained the requirements of this amendment.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 17, 1996.
Comments for inclusion in the Rules Docket must be received on or
before August 9, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-109-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The applicable service information 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; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700, Washington,
DC.
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) 227-1320.
SUPPLEMENTARY INFORMATION: On May 24, 1996, the FAA issued emergency AD
96-11-15, which is applicable to all Dornier Model 328-100 series
airplanes. That action was prompted by reports indicating that the
outer face ply of ``lightweight'' windshields (left-hand and right-
hand) installed on several of these airplanes had shattered or cracked
during flight of the airplane.
Investigation revealed that foreign object damage (FOD) from sand
or other runway debris may cause small pits in the windshield. During
flight, normal windshield flexing from cabin pressure loads, or normal
thermal stresses may result in shattering or cracking of the outer face
ply of the windshield. The observed failure rate is such that both the
pilot's and copilot's windshields may be affected during the same
flight. This condition, if not corrected, could result in a restriction
of the flightcrew's ability to see through the windshield, and to
continue to control the airplane safely.
The design of these ``lightweight'' windshields may not meet the
requirements of the Federal Aviation Regulations, and has not been
approved by the FAA for installation on U.S.-registered airplanes.
Additionally, the design of these windshields has not been approved by
the Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for
Germany, for installation on Dornier Model 328-100 series airplanes.
Explanation of Relevant Service Information
Dornier has issued Service Bulletin SB-328-56-165, dated April 19,
1996, which describes procedures for replacing ``lightweight''
windshields with new windshields that are not susceptible to the
subject cracking and shattering.
U.S. Type Certification of the Airplane
The Dornier Model 328-100 series airplane 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.
Explanation of the Requirements of the Rule
Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design registered in the United
States, the FAA issued emergency AD 95-11-15 to prevent restriction of
the flightcrew's ability to see through the windshields due to
shattering or cracking of the windshields, and to continue to control
the airplane safely. The AD requires that the Limitations Section of
the FAA- approved Airplane Flight Manual (AFM) be revised to restrict
flight altitude to a maximum of 10,000 feet mean sea level (MSL). This
restriction is intended to limit the flexing of the windshield under
cabin pressure loads and reduce the potential for cracks to develop.
The AD also requires replacement of ``lightweight'' windshields
(left- and right-hand) with new windshields. This
[[Page 29275]]
replacement is required to be accomplished in accordance with the
Dornier service bulletin described previously.
Additionally, the AD requires that operators submit a report to the
FAA within 24 hours following any incident of shattering or cracking of
either front windshield. This information will enable the FAA to
determine if additional action is warranted.
Operators affected by the AD should note that the Dornier service
bulletin recommends that the replacement be accomplished within
approximately six months. Additionally, the manufacturer also has
advised the FAA that there may be a delay in the availability of the
replacement windshields. However, the FAA finds that the urgency
associated with addressing the subject unsafe condition requires the
replacement to be accomplished within 45 days after receipt of this AD.
In developing this compliance time, the FAA considered the safety
implications, the availability of replacement parts, and the time
necessary to accomplish the replacement. The FAA has determined that
sufficient parts can be made available so that the replacement required
by this AD can be accomplished within the 45-day compliance time
specified in this AD. The FAA is closely monitoring this situation, and
may consider additional rulemaking, if warranted, based on any new data
received.
Operators affected by the AD also should note that Dornier has
advised the FAA that it is currently developing an alternative method
of compliance (AMOC) that, if approved, would allow relief from the
10,000 foot MSL altitude limitation contained in paragraph (a) of this
AD. The FAA anticipates that this proposal will be submitted in the
near future.
Publication and Effectivity of AD
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual notices
issued on May 24, 1996, to all known U.S. owners and operators of
Dornier 328-100 series airplanes. These conditions still exist, and the
AD is hereby published in the Federal Register as an amendment to
section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to
make it effective as to all persons.
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 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 96-NM-106-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:
96-11-15 Dornier: Amendment 39-9655. Docket 96-NM-109-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
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been otherwise
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 (e) 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 restriction of the flightcrew's ability to
see through the windshields due to shattering or cracking of the
windshields, and to continue to control the airplane safely;
accomplish the following:
(a) For airplanes on which a windshield having Part Number (P/N)
001A561A0000204 is installed on the left-hand side of the cockpit,
or on which a windshield having P/
[[Page 29276]]
N 001A561A0000205 is installed on the right-hand side of the cockpit:
Within 24 hours after receipt of this AD, revise the Limitations
Section of the FAA-approved Airplane Flight Manual (AFM) to include the
following statement. This may be accomplished by inserting a copy of
this AD in the AFM.
``Flight above 10,000 feet mean sea level (MSL) is prohibited.''
(b) For all airplanes: Within 45 days after receipt of this AD,
replace any windshield having P/N 001A561A0000204 (left-hand side),
or P/N 001A61A0000205 (right-hand side); with a new windshield
having P/N 001A561A0000200 (left-hand side), or P/N 001A561A0000201
(right-hand side); in accordance with Dornier Service Bulletin SB-
328-56-165, dated April 19, 1996. Following this replacement, the
AFM limitation required by paragraph (a) of this AD may be removed.
(c) For all airplanes: Within 24 hours (clock hours, not flight
hours) following any incident of shattering or cracking of either
front windshield, submit a report containing the serial number of
the airplane and the part number of the affected windshield to:
Connie Beane, Standardization Branch, ANM-113, FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington
98055-4056; fax (206) 227-1149. This reporting requirement is
applicable to findings on all windshields, including the replacement
windshields required by paragraph (b) of this AD. Information
collection requirements contained in this regulation have been
approved by the Office of Management and Budget (OMB) under the
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et
seq.) and have been assigned OMB control number 2120-0056.
(d) As of the date of receipt of this AD, no person shall
install a windshield having P/N 001A561A0000204 (left-hand side), or
P/N 001A561A0000205 (right-hand side), on any airplane.
(e) 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 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.
(f) 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.
(g) The replacement shall be done in accordance with Dornier
Service Bulletin SB-328-56-165, dated April 19, 1996. 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 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.
(h) This amendment becomes effective on June 17, 1996, to all
persons except those persons to whom it was made immediately
effective by emergency AD 96-11-15, issued May 24, 1996, which
contained the requirements of this amendment.
Issued in Renton, Washington, on May 31, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14227 Filed 6-7-96; 8:45 am]
BILLING CODE 4910-13-U
