[Federal Register Volume 61, Number 241 (Friday, December 13, 1996)]
[Proposed Rules]
[Pages 65492-65494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31607]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-116-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

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 check of the 
clearance between certain braces that connect the wings to the fuselage 
and the frame to which the top fairing is attached; and modification of 
the frame's Z-profile if the clearance is insufficient to prevent the 
braces from coming in contact with the frame. In addition, the proposed 
AD would require a one-time check of these braces to detect damage or 
wear; and repair, if necessary. This proposal is prompted by a report 
indicating that insufficient clearance between these braces and the 
frame could result in wear and consequent breaking of the braces. The 
actions specified by the proposed AD are intended to prevent failure of 
these braces, which could result in unstable movement of the wings in 
relation to the fuselage and adversely affect the aerodynamic 
characteristics of the wings.

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-116-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,

[[Page 65493]]

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-116-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-116-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 a report indicating that there may not be 
sufficient clearance between the diagonal braces that connect the left 
and right wings to the fuselage and the frame to which the top fairing 
is attached. A design analysis detected this discrepancy during 
certification of the airplane.
    Continuous contact between the diagonal brace and the frame could 
cause the brace to become worn, and ultimately break. Should the brace 
fail, it could result in unstable movement of the wing in relation to 
the fuselage and adversely affect the wing's aerodynamic 
characteristics.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328-53-051, dated August 16, 
1994, which describes procedures for checking the clearance between the 
diagonal braces on the left and right wings and the frame to which the 
top fairing is attached; and modifying the frame's Z-profile, if there 
is not a certain minimum clearance between each brace and the frame. In 
addition, this service bulletin describes procedures for checking each 
diagonal brace for damage or wear resulting from contact between the 
brace and the frame. The LBA classified this service bulletin as 
mandatory and issued German airworthiness directive 94-353, dated 
November 21, 1994, 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 a check of the 
clearance between the diagonal braces on the left and right wings and 
the frame to which the top fairing is attached; and modification of the 
frame's Z-profile if there is not a certain minimum clearance between 
each brace and the frame. In addition, the proposed AD would require a 
check of these braces to detect damage or wear resulting from contact 
between each brace and the frame. The actions would be required to be 
accomplished in accordance with the service bulletin described 
previously. Repair of damaged or worn braces would be required to be 
accomplished in accordance with a method approved by the FAA.

Cost Impact

    The FAA estimates that 5 Dornier Model 328-100 series airplanes of 
U.S. registry would be affected by this proposed AD.
    It would take approximately 4 work hours per airplane to accomplish 
the proposed actions, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the proposed AD on U.S. 
operators is estimated to be $1,200, or $240 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-116-AD.

    Applicability: Model 328-100 series airplanes having 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 owner/operator must request approval for an 
alternative method of compliance in

[[Page 65494]]

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 diagonal braces that connect the left 
and right wings to the fuselage, which could result in unstable 
movement of the wings and adversely affect the aerodynamic 
characteristics of the wings, accomplish the following:
    (a) Within 90 days after the effective date of this AD, perform 
the actions required by paragraphs (a)(1) and (a)(2) of this AD.
    (1) Check the clearance between the diagonal braces that connect 
the left and right wings to the fuselage and the Z-profile of the 
frame to which the top fairing is attached, in accordance with 
Dornier Service Bulletin SB-328-53-051, dated August 16, 1994.
    (i) If the clearance meets or exceeds the minimum limits 
specified in the service bulletin, no further action is required by 
paragraph (a)(1) of this AD.
    (ii) If the clearance is less than the minimum limits specified 
in the service bulletin, prior to further flight, modify the Z-
profile of the frame to which the top fairing is attached, in 
accordance with the service bulletin.
    (2) Check each diagonal brace for damage or wear, in accordance 
with the service bulletin.
    (i) If no damage or wear is detected, no further action is 
required by paragraph (a)(2) of this AD.
    (ii) If any damage or wear is detected, prior to further flight, 
repair the diagonal brace in accordance with a method approved by 
the Manager Standardization Branch, ANM-113, FAA, Transport Airplane 
Directorate.
    (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. 
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.

    Issued in Renton, Washington, on December 6, 1996.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-31607 Filed 12-12-96; 8:45 am]
BILLING CODE 4910-13-U