[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Proposed Rules]
[Pages 50264-50266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25417]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-110-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 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 inspection to
determine if the rigging bushings in the rudder control system protrude
above the surface of the flange in which they are installed, and
replacement of any discrepant bushing with a new bushing. This proposal
is prompted by the issuance of mandatory continuing airworthiness
information by a foreign civil airworthiness authority. The actions
specified by the proposed AD are intended to prevent jamming in the
rudder control system, and consequent reduced controllability of the
airplane.
DATES: Comments must be received by October 21, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 97-NM-110-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,
[[Page 50265]]
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 97-NM-110-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. 97-NM-110-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 it
received a report indicating that, during routine inspection, a rigging
bushing in the rudder control system was found to protrude above the
surface of the flange on which it was installed. This condition, if not
corrected, could result in jamming in the rudder control system, and
consequent reduced controllability of the airplane.
Explanation of Relevant Service Information
Dornier has issued Alert Service Bulletin ASB-328-27-003, dated
July 13, 1994, which describes procedures for performing a one-time
visual inspection to determine if the rigging bushings in the rudder
control system protrude above the surface of the flange in which they
are installed, and replacement of any discrepant rigging bushing with a
new bushing. Accomplishment of the actions specified in the alert
service bulletin is intended to adequately address the identified
unsafe condition. The LBA classified this alert service bulletin as
mandatory and issued German airworthiness directive 96-176, dated June
6, 1996, in order to assure the continued airworthiness of these
airplanes in Germany.
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
the actions specified in the alert service bulletin described
previously.
Cost Impact
The FAA estimates that 7 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 3 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Based on these figures, the
cost impact of the proposed AD on U.S. operators is estimated to be
$1,260, or $180 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 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: Docket 97-NM-110-AD.
Applicability: Model 328-100 airplanes, serial numbers 3005
through 3014 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
[[Page 50266]]
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 prevent jamming in the rudder control system, and consequent
reduced controllability of the airplane, accomplish the following:
(a) Within 30 days after the effective date of this AD, perform
a one-time visual inspection to determine if the rigging bushings of
the rudder control system protrude above the surface of the flange
in which they are installed, in accordance with Dornier Alert
Service Bulletin ASB-328-27-003, dated July 13, 1994. If any bushing
protrudes by any amount above the surface of the flange, prior to
further flight, replace the bushing with a new bushing, in
accordance with the alert service bulletin.
(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, 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 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.
(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 3: The subject of this AD is addressed in German
airworthiness directive 96-176, dated June 6, 1996.
Issued in Renton, Washington, on September 19, 1997.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-25417 Filed 9-24-97; 8:45 am]
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