[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Proposed Rules]
[Pages 11390-11392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6084]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-219-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 modifying the main
landing gear (MLG) bay areas by installing additional slush protection
covers in those areas. This proposal is prompted by the identification
of a problem during flight test analysis, which indicated that slush
can accumulate in the MLG bay areas. The actions specified by the
proposed AD are intended to prevent the accumulation of slush in the
MLG bay areas, which could freeze and interfere with the landing gear
or render it inoperative.
DATES: Comments must be received by April 21, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-219-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,
[[Page 11391]]
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-219-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-219-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 flight test analysis has revealed that slush can
accumulate in the main landing gear (MLG) bay areas when the airplane
operates on taxiways and runways with more than 5 mm (0.2 inches) of
slush. If this occurs, the slush could freeze and interfere with the
extension or retraction of the landing gear and cause it to become
inoperative.
Explanation of Relevant Service Information
Dornier has issued Service Bulletin SB-328-30-132, dated October
11, 1995, which describes procedures for modifying the left and right
MLG bay areas by installing additional slush protection covers in the
MLG bay areas. This modification to the MLG bay areas will preclude the
accumulation of slush in those areas, and will allow the airplane to
operate in slush conditions up to 15 mm (0.6 inch).
The LBA classified this service bulletin as mandatory and issued
German airworthiness directive 95-412, dated November 2, 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 modifying the left
and right MLG bay areas by installing additional slush protection
covers in those areas. The actions would be required to be accomplished
in accordance with the service bulletin described previously.
Cost Impact
The FAA estimates that 40 Dornier Model 328-100 series airplanes of
U.S. registry would be affected by this proposed AD, that it would take
approximately 8 work hours per airplane to accomplish the proposed
actions, and that the average labor rate is $60 per work hour. The cost
of required parts would be negligible. Based on these figures, the cost
impact of the proposed AD on U.S. operators is estimated to be $19,200,
or $480 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 96-NM-219-AD.
Applicability: Dornier Model 328-100 series airplanes, serial
numbers 3005 through 3063 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
[[Page 11392]]
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 the accumulation of slush in the main landing gear
(MLG) bay areas that could freeze and interfere with the landing
gear and result in it becoming inoperative, accomplish the
following:
(a) Within 90 days after the effective date of this AD, modify
the MLG bay areas by installing additional slush protection covers
in those areas in accordance with Dornier
Service Bulletin SB-328-30-132, dated October 11, 1995.
(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.
Issued in Renton, Washington, on March 5, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-6084 Filed 3-11-97; 8:45 am]
BILLING CODE 4910-13-U