[Federal Register Volume 61, Number 241 (Friday, December 13, 1996)]
[Proposed Rules]
[Pages 65494-65496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31606]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-NM-117-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes 
Equipped With Burns Aerospace Corporation Commuter Seat Models JB6.8-1-
22 and JB6.8-2-42 Passenger Seats

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 modification of the 
restraining systems of certain passenger seats by replacing anchor 
point fasteners with fasteners that are able to withstand required 16g 
load conditions. This proposal is prompted by a report indicating that 
the restraining systems on these seats failed to meet 16g test load 
requirements during dynamic testing. The actions specified by the 
proposed AD are intended to prevent the fasteners from failing, which 
could result in release of the seat restraint and consequent injury to 
passengers.

DATES: Comments must be received by January 23, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-117-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 96-NM-117-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. 96-NM-117-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 Model 328-100 series airplanes. The LBA 
advises that it has received reports indicating that the restraining 
system on certain passenger seats installed on these airplanes may not 
meet the 16g test load requirements. The manufacturer of the 
restraining system, Burns Aerospace Corporation, detected this 
discrepancy in design during its dynamic testing of commuter seat 
models JB6.8-1-22 and JB6.8-2-42. These tests showed that the anchor 
point fasteners for the restraining system failed when subjected to 
loads that the fasteners were required to carry. Should these fasteners 
fail, the seat restraint could release and consequently, passengers 
could be injured. No such occurrences have been reported in service, 
however.

[[Page 65495]]

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328-25-114, dated July 10, 
1995, which describes procedures for replacement of the anchor point 
fasteners on Model 328-100 series airplanes equipped with Burns 
Aerospace Corporation commuter seat models JB6.8-1-22 and JB6.8-2-42 
passenger seats. (This service bulletin references Burns Aerospace 
Corporation Service Bulletin SB-25-20-989 Revision B, dated June 14, 
1995, as an additional source of procedural service information.) The 
replacement fasteners have been redesigned so that the restraining 
system is able to withstand the required 16g test load conditions. The 
LBA classified the Dornier service bulletin as mandatory and issued 
German airworthiness directive 95-240/2, dated August 10, 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 registered 
in the United States, the proposed AD would require replacement of the 
anchor point fasteners on Burns Aerospace Corporation commuter seat 
models JB6.8-1-22 and JB6.8-2-42 passenger seats, with fasteners that 
will ensure that the restraining system for these seats is able to 
withstand the required 16g test load conditions. The actions would be 
required to be accomplished in accordance with the Dornier service 
bulletin described previously.

Cost Impact

    The FAA estimates that 36 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 seat to accomplish the 
proposed actions, at an average labor rate of $60 per work hour. There 
are normally 30 seats per airplane. 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 
$64,800, or $1,800 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 96-NM-117-AD.

    Applicability: Model 328-100 series airplanes equipped with 
Burns Aerospace Corporation commuter seat models JB6.8-1-22 and 
JB6.8-2-42 passenger seats; 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 (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 failure of the anchor point fasteners on the seat 
restraining systems, which could result in release of the seat 
restraint and consequent injury to passengers, accomplish the 
following:
    (a) Within 60 days after the effective date of this AD, replace 
each anchor point fastener on the restraining system of each seat 
with a fastener of improved design, in accordance with Dornier 
Service Bulletin SB-328-25-114, dated July 10, 1995.

    Note 2: The service bulletin references Burns Aerospace 
Corporation Service Bulletin SB-25-20989, Revision B, dated June 14, 
1995, as an additional source of procedural service information for 
replacement of the anchor point fastener.

    (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 3: 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.


[[Page 65496]]


    Issued in Renton, Washington, on December 6, 1996.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-31606 Filed 12-12-96; 8:45 am]
BILLING CODE 4910-13-U