[Federal Register Volume 62, Number 116 (Tuesday, June 17, 1997)]
[Proposed Rules]
[Pages 32699-32701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15768]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 62, No. 116 / Tuesday, June 17, 1997 /
Proposed Rules
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-119-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 supersedure of 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 proposed action would continue to require the repetitive
tightening of these parts on certain airplanes. The proposed AD also
would require the installation of new fastener systems for those panels
on certain airplanes 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. This proposal is prompted by
the manufacturer's development of new fastener systems that will not
vibrate and loosen. The actions specified by the proposed 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: Comments must be received by July 28, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-119-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 (425)
227-2796; 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 96-NM-119-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-119-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On October 3, 1994, the FAA issued AD 94-21-02, amendment 39-9043
(59 FR 51361, October 11, 1994), applicable to all Dornier Model 328-
100 series airplanes, to require repetitive tightening of the screws
and quick-release (camlock) fasteners on the wing/body fairing panels.
That action was prompted by reports of loosened wing/body fairing
panels. The requirements of that AD are intended 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.
Actions Since Issuance of Previous Rule
Since the issuance of that AD, which the FAA considered to be
interim action, the manufacturer has developed new fastener systems to
keep these panels from separating from the airplane. The relative
movement between the wing spar box and adjacent fairing parts, as well
as settling of the panels in the area where the attachment screws are
located, causes the old fasteners to become loose. The newly developed
fastener systems are designed to eliminate vibration and loosening of
the fasteners.
Explanation of Relevant Service Information
Dornier has issued Service Bulletin SB-328-53-144, Revision 2,
dated September 18, 1996, which describes procedures for the
installation of new fastener systems for the wing/body fairing panels
on certain airplanes, and application of new torque values to these
fasteners. These new systems are composed of such parts as anchor nuts
with longer threads, larger screws and anchor nuts for areas where
fairing panels are connected to the flange of the wing spar, flange
washers and rubber rings to prevent direct contact between the fairing
panels and the flange of the wing spar, and intermediate slide strips
between the fairing panels and the airplane structure. Installation of
these
[[Page 32700]]
new systems, with an increase in the torque values of those fasteners,
would eliminate the need to repetitively tighten those fasteners.
The service bulletin also limits its effectivity to airplanes
having serial number 3005 through 3047 inclusive. Airplanes having
serial number 3048 and subsequent had the new fastener systems
installed during manufacture.
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, classified Revision 1 of this service bulletin as
mandatory and issued German airworthiness directive 94-009/4, dated
February 1, 1996, in order to assure the continued airworthiness of
these airplanes in Germany. (Revision 1, dated January 18, 1996, only
differs from Revision 2 in its notes and the dimensions of certain
figures.)
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 supersede AD 94-21-02 to
continue to require repetitive tightening of the screws and quick-
release fasteners on the wing/body fairing panels. The proposed action
also would require the installation of new fastener systems for these
panels, and the application of new torque values to these fasteners.
Accomplishment of this installation would terminate the current
requirement for repetitive tightening of the fasteners for these panels
on certain airplanes. Furthermore, the proposed AD would not apply to
airplanes on which the installation of these fastener systems had been
accomplished during production.
The installation of the new fastener systems would be required to
be accomplished in accordance with the service bulletin described
previously.
Cost Impact
There are approximately 8 Dornier Model 328-100 series airplanes of
U.S. registry that would be affected by this proposed AD.
The actions that are currently required by AD 94-21-02 take
approximately 3 work hours per airplane to accomplish, at an average
rate of $60 per work hour. Based on these figures, the cost impact on
U.S. operators of the actions currently required is estimated to be
$1,440, or $180 per airplane.
The new actions that are proposed in this AD action would take
approximately 120 work hours per airplane to accomplish, at an average
rate of $60 per work hour. Required parts would provided by the
manufacturer at no cost to the operator. Based on these figures, the
cost impact on U.S. operators of the proposed requirements of this AD
is estimated to be $57,600, or $7,200 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the current or 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 removing amendment 39-9043 (59 FR
51361, October 11, 1994), and by adding a new airworthiness directive
(AD), to read as follows:
Dornier: Docket 96-NM-119-AD. Supersedes AD 94-21-02, Amendment 39-
9043.
Applicability: All Model 328-100 series 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
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 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, Amendment 39-9043
(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.
Requirements of the Proposed AD
(b) Within 12 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
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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.
(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, Standardization Branch, ANM-113,
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,
Standardization Branch, ANM-113.
Note 4: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(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.
Issued in Renton, Washington, on June 10, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-15768 Filed 6-16-97; 8:45 am]
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