[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Proposed Rules]
[Pages 31382-31384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15247]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-113-AD]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Supplemental notice of proposed rulemaking; reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: This document revises an earlier proposed airworthiness
directive (AD), applicable to certain Dornier Model 328-100 series
airplanes, that would have required repetitive inspections to detect
cracking of the support beam of the main landing gear (MLG) fairing;
and permanent repair of any cracking found, which would terminate the
repetitive inspections. This new action revises the proposed rule by
adding a requirement for installation of reinforcement parts for the
longitudinal beam of the MLG fairing, which also would terminate the
repetitive inspections. This new action also limits the applicability
of the proposed rule. This proposal is prompted by issuance of
mandatory continuing airworthiness information by a foreign civil
airworthiness authority. The actions specified by this new proposed AD
are intended to prevent cracking of the support beam of the MLG
fairing, which could result in reduced structural integrity of the
lower part of the MLG fairing, and consequent separation of part of the
fairing from the airplane and possible damage to the airplane or injury
to persons on the ground.
DATES: Comments must be received by July 6, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 96-NM-113-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 96-NM-113-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. 96-NM-113-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to add an airworthiness directive (AD), applicable to
certain Dornier Model 328-100 series airplanes, was published as a
notice of proposed rulemaking (NPRM) in the Federal Register on April
9, 1997 (62 FR 17129). That NPRM would have required repetitive
inspections to detect cracking of the support beam of the main landing
gear (MLG) fairing; and permanent repair of any cracking found, which
would terminate the repetitive inspections. That NPRM was prompted by
reports of cracking of the support beam of the MLG fairing. That
condition, if not corrected, could result in reduced structural
integrity of the lower part of the MLG fairing, and consequent
separation of part of the fairing from the airplane and possible damage
to the airplane or injury to persons on the ground.
Disposition of Comments
Due consideration has been given to the comments received in
response to the NPRM.
Request To Cite Additional Service Information
One commenter, the manufacturer, requests that the FAA revise the
proposal to reference Dornier Service Bulletin SB-328-53-184, Revision
1, dated July 2, 1997. That service bulletin describes procedures for
installation of reinforcement parts for the longitudinal beam of the
MLG fairing, which would eliminate the need for the repetitive
inspections. The effectivity listing of the service bulletin limits
accomplishment of the installation of reinforcement parts to those
airplanes on which the installation was not accomplished in production.
Accomplishment of the action specified in the service bulletin is
intended to adequately address the identified unsafe condition. The
Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for
Germany, classified the original release of this service bulletin,
dated January 10, 1997, as mandatory and issued German airworthiness
directive 97-073, dated March 27, 1997, in order to assure the
continued airworthiness of these airplanes in Germany.
The FAA concurs with the commenter's request. The FAA finds that
accomplishment of the terminating action is necessary within 3,000
hours time-in-service, as specified in the German airworthiness
directive. The FAA has revised this supplemental NPRM accordingly.
Additionally, the cost impact information, below, has been revised to
reflect any additional costs to operators.
[[Page 31383]]
Request To Revise Compliance Time
The manufacturer requests that the FAA consider adjusting the
compliance time specified in paragraph (a)(2) of the proposed AD to
provide an option for temporary repair if cracks less than 50 mm are
found, and to allow a repetitive inspection every 300 flight hours
until the crack length exceeds 50 mm, as recommended in Dornier Alert
Service Bulletin ASB-328-53-010, dated October 13, 1995. The commenter
states that the request is based on the work hours required to
accomplish the installation of reinforcement parts (as described in
Dornier Service Bulletin SB-328-53-184) and the availability of mod
kits. Additionally, the commenter notes that this option for temporary
repair would provide relief for operators to continue revenue flight
until arrival at a suitable maintenance facility.
The FAA does not concur. As stated in the original NPRM, the FAA
has determined that, due to the safety implications and consequences
associated with such cracking, the permanent repair would be required
to be accomplished prior to further flight, if evidence of cracking is
found. This supplemental NPRM also adds a requirement for installation
of reinforcement parts within 3,000 hours time-in-service, which would
terminate the requirement for the repetitive inspections; this
installation can be accomplished prior to any finding of cracks, and so
may be more easily scheduled at the operator's convenience.
Additionally, under the provisions of paragraph (d) of this
supplemental NPRM, the FAA may approve requests for adjustments to the
compliance time if data are submitted to substantiate that such an
adjustment would provide an acceptable level of safety.
Conclusion
Since the change described previously expands the scope of the
originally proposed rule, the FAA has determined that it is necessary
to reopen the comment period to provide additional opportunity for
public comment.
Cost Impact
The FAA estimates that 47 Dornier Model 328-100 series airplanes of
U.S. registry would be affected by this proposed AD.
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 $2,820, or $60 per
airplane, per inspection cycle.
It would take approximately 8 work hours per airplane to accomplish
the proposed installation of reinforcement parts, and that the average
labor rate is $60 per work hour. Required parts would be supplied by
the manufacturer at no cost to the operators. Based on these figures,
the cost impact of the installation proposed by this AD on U.S.
operators is estimated to be $22,560, or $480 per airplane.
The cost impact figures discussed above are 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.
Should an operator be required to accomplish the permanent repair
of cracked structure, it would take approximately 3 work hours per
airplane to accomplish it, at an average labor rate of $60 per work
hour. Required parts would be supplied by the manufacturer at no cost
to the operators. Based on these figures, the cost impact of the repair
action, if accomplished, is estimated to be $180 per airplane.
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 adding the following new
airworthiness directive:
Dornier Luftfahrt GmbH: Docket 96-NM-113-AD.
Applicability: Model 328-100 series airplanes, serial numbers
3005, 3008, 3009, and 3011 through 3079 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 reduced structural integrity of the lower part of the
main landing gear (MLG) fairing, and consequent separation of part
of the fairing from the airplane and possible damage to the airplane
or injury to persons on the ground, accomplish the following:
(a) Within 300 hours time-in-service after the effective date of
this AD, perform a visual inspection to detect cracking of the lower
attachment flanges in the area of the bend radii of the forward and
aft support beams of the MLG, in accordance with Dornier Alert
Service Bulletin ASB-328-53-010, dated October 13, 1995.
(1) If no cracking is found, repeat the inspection thereafter at
intervals not to exceed 300 hours time-in-service, until the actions
required by either paragraph (a)(2) or (b) of this AD have been
accomplished.
(2) If any cracking is found, prior to further flight,
accomplish the permanent repair in accordance with the alert service
bulletin. Accomplishment of the permanent repair constitutes
terminating action for the repetitive inspections required by this
AD.
(b) Within 3,000 hours time-in-service after the effective date
of this AD, install reinforcement parts for the longitudinal beam
[[Page 31384]]
of the MLG, in accordance with Dornier Service Bulletin SB-328-53-
184, Revision 1, dated July 2, 1997. Accomplishment of this
installation constitutes terminating action for the requirements 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, 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.
(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.
Note 3: The subject of this AD is addressed in German
airworthiness directives 95-413, dated November 2, 1995, and 97-073,
dated March 27, 1997.
Issued in Renton, Washington, on June 3, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-15247 Filed 6-8-98; 8:45 am]
BILLING CODE 4910-13-U
