[Federal Register Volume 59, Number 195 (Tuesday, October 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24871]


[[Page Unknown]]

[Federal Register: October 11, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-171-AD; Amendment 39-9043; AD 94-21-02]

 

Airworthiness Directives; Dornier Model 328-100 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all Dornier Model 328-100 airplanes. This action 
requires repetitive tightening of the screws and quick-release 
fasteners on the wing/body fairing panels. This amendment is prompted 
by reports of loosened wing/body fairing panels. The actions specified 
in this 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.

DATES: Effective October 26, 1994.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 26, 1994.
    Comments for inclusion in the Rules Docket must be received on or 
before December 12, 1994.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 94-NM-171-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
Dornier Luftfahrt GmbH, P.O. Box 1103, D-82230 Wessling, Federal 
Republic of 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: Gary Lium, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-1112; fax (206) 227-1320.

SUPPLEMENTARY INFORMATION: The Luftfahrt-Bundesamt (LBA), which is the 
airworthiness authority for the Federal Republic of Germany, recently 
notified the FAA that an unsafe condition may exist on all Dornier 
Model 328-100 airplanes. The LBA advises that during flight testing, 
prior to certification of Model 328-100 airplanes, the quick-release 
(camlock) fasteners on the wing/body fairing panels were found to be 
loose on several airplanes. In another instance, an operator of Model 
328-100 airplanes reported that a loosened fairing panel separated from 
an in-service airplane and struck an antenna on the empennage while the 
airplane was in flight. Investigation into the cause of these loosened 
panels revealed that the flex of the wing, coupled with the relative 
motion between the fairing panel and its supporting structure, may have 
caused the fasteners to back out. Such loosened fasteners may have 
allowed air loads to pull the panel loose from its supports, which 
resulted in the panel separating from the airplane. In addition, the 
tightness of the fasteners may have compressed the relatively soft 
material of the fairing panel, which may have contributed to the 
loosening of the fasteners. This condition, if not corrected, could 
result in 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.
    Dornier has issued Alert Service Bulletin ASB-328-53-004, dated 
August 2, 1994, which describes procedures for repetitive tightening of 
the screws and quick-release fasteners on the wing/body fairing panels. 
The LBA classified this alert service bulletin as highly recommended 
and issued LBA Airworthiness Directive 94-009/3, dated September 8, 
1994, in order to assure the continued airworthiness of these airplanes 
in the Federal Republic of Germany.
    This airplane model is manufactured in the Federal Republic of 
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.
    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, this AD is being issued 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. This AD requires repetitive tightening of 
the screws and quick-release fasteners on the wing/body fairing panels. 
The actions are required to be accomplished in accordance with the 
alert service bulletin described previously.
    This is considered to be interim action. The manufacturer has 
advised that it currently is developing a modification that will 
positively address the unsafe condition addressed by this AD. Once this 
modification is developed, approved, and available, the FAA may 
consider additional rulemaking.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

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 94-NM-171-AD.'' The postcard will be date stamped and 
returned to the commenter.
    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. App. 1354(a), 1421 and 1423; 49 U.S.C. 
106(g); and 14 CFR 11.89.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

94-21-02 Dornier: Amendment 39-9043. Docket 94-NM-171-AD.

    Applicability: All Model 328-100 airplanes, certificated in any 
category.
    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:
    (a) Within 25 hours time-in-service after the effective date of 
this AD, 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 1: The proper torque values are specified in 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.
    (d) The tightening shall be done in accordance with Dornier 
Alert Service Bulletin ASB-328-53-004, dated August 2, 1994, 
including Figures 1 and 2 of Annex 1. 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, Federal Republic of 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.
    (e) This amendment becomes effective on October 26, 1994.

    Issued in Renton, Washington, on October 3, 1994.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 94-24871 Filed 10-7-94; 8:45 am]
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