[Federal Register Volume 61, Number 166 (Monday, August 26, 1996)]
[Proposed Rules]
[Pages 43689-43690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21596]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-232-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 replacement of certain
hydraulic fuses of the landing gear with improved fuses. This proposal
is prompted by results of extended testing, which revealed that the
hydraulic fuses of the landing gear failed to operate due to movement
of the end of the spring within the fuses over the end of the flange of
the spool. The actions specified by the proposed AD are intended to
prevent such failure, which could result in external leakage in the
brake lines downstream of the respective fuse and consequent loss of
hydraulic fluid; this condition, if not corrected, could result in
partial loss of the main hydraulic power supply.
DATES: Comments must be received by October 4, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-232-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 (206)
227-2796; fax (206) 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 95-NM-232-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. 95-NM-232-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, recently notified the FAA that an unsafe condition may
exist on certain Dornier 328-100 series airplanes. The LBA advises
that, during extended testing of this airplane model, the hydraulic
fuses of the landing gear failed to operate due to movement of the end
of the spring within the fuses over the end of the flange of the spool.
If a hydraulic fuse fails to operate, external leakage could occur in
the brake lines downstream of the respective fuse and loss of hydraulic
fluid could occur. This condition, if not corrected, could result in
partial loss of the main hydraulic power supply.
Explanation of Relevant Service Information
Dornier has issued Service Bulletin SB-328-32-048, dated August 11,
1994, which describes procedures for replacement of certain hydraulic
fuses of the landing gear with fuses having an improved design. The LBA
classified
[[Page 43690]]
this service bulletin as mandatory and issued German airworthiness
directive 95-051, dated February 3, 1995, 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, the
proposed AD would require replacement of certain hydraulic fuses of the
landing gear with fuses having an improved design. The actions would be
required to be accomplished in accordance with the service bulletin
described previously.
Explanation of Proposed Compliance Time
Operators should note that, although the Dornier Service Bulletin
SB-328-25-072 recommends accomplishment of the described procedures
within 45 days, this AD would require accomplishment of the actions
within 90 days. Based upon an analysis of the unsafe condition, the FAA
finds that a compliance time of 90 days will address the unsafe
condition in a timely manner. In developing an appropriate compliance
time for this AD, the FAA considered not only the safety implications
and the degree of urgency associated with addressing the subject unsafe
condition, but the maximum interval of time allowable for all affected
airplanes to continue to operate without compromising safety. The FAA
finds 90 days to be an appropriate compliance time for accomplishing
these actions.
Cost Impact
The FAA estimates that 5 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 2 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Required parts would be
provided by the manufacturer at no cost to operators. Based on these
figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $600, or $120 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.
39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Dornier: Docket 95-NM-232-AD
Applicability: Model 328-100 series airplanes; serial numbers
3005 through 3008 inclusive, 3010, 3011, and 3012; 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 partial loss of the main hydraulic power supply due
to loss of hydraulic fluid, accomplish the following:
(a) Within 90 days after the effective date of this AD, replace
landing gear hydraulic fuses having part number ACM30488, MOD states
2 through 6, with MOD 7 fuses in accordance with Dornier Service
Bulletin SB-328-32-048, dated August 11, 1994.
(b) As of the effective date of this AD, no person shall install
a landing gear hydraulic fuse having part number ACM30488, MOD
states 2 through 6, on any airplane.
(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 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.
(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 August 19, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-21596 Filed 8-23-96; 8:45 am]
BILLING CODE 4910-13-U