[Federal Register Volume 61, Number 227 (Friday, November 22, 1996)]
[Rules and Regulations]
[Pages 59321-59322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29725]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-230-AD; Amendment 39-9828; AD 96-24-02]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Dornier Model 328-100 series airplanes, that 
requires removal of the acoustic damping foils at the skin behind the 
overhead switch panel. This amendment is prompted by a report of 
debonding of the edges of the acoustic damping foils. The actions 
specified by this AD are intended to prevent such debonding, which 
could result in short circuiting of parts of the overhead switch panel 
due to contact with loose edges of the foils, and consequent smoke and/
or fire in the cockpit.

DATES: Effective December 27, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 27, 1996.

ADDRESSES: The service information referenced in this AD may be 
obtained from Dornier Luftfahrt GmbH, P.O. Box 1103, D-82230 Wessling, 
Germany. This information may be examined at the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
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: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Dornier Model 328-100 
series airplanes was published in the Federal Register on August 26, 
1996 (61 FR 43691). That action proposed to require removal of the 
acoustic damping foils at the skin behind the overhead switch panel.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 12 Dornier Model 328-100 series airplanes of 
U.S. registry will be affected by this AD, that it will take 
approximately 1 work hour per airplane to accomplish the required 
actions, and that the average labor rate is $60 per work hour. Based on 
these figures, the cost impact of the AD on U.S. operators is estimated 
to be $720, or $60 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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 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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

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

96-24-02 Dornier: Amendment 39-9828. Docket 95-NM-230-AD.

    Applicability: Model 328-100 series airplanes, serial numbers 
3005 through 3024 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

[[Page 59322]]

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 (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 debonding of the edges of the acoustic damping foils, 
which could result in short circuiting of parts of the overhead 
switch panel due to contact with loose edges of the foils, and 
consequent smoke and/or fire in the cockpit; accomplish the 
following:
    (a) Within 90 days after the effective date of this AD, remove 
the acoustic damping foils having part number 001A258A1101204 at the 
skin behind the overhead switch panel in accordance with Dornier 
Service Bulletin SB-328-25-072, dated December 16, 1994.
    (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, 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 removal shall be done in accordance with Dornier Service 
Bulletin SB-328-25-072, dated December 16, 1994. 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, 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 December 27, 1996.

    Issued in Renton, Washington, on November 14, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-29725 Filed 11-21-96; 8:45 am]
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