[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Proposed Rules]
[Pages 11386-11388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6087]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-115-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 modification of the cable
tension regulator on both the left and right elevators by installing
certain parts on the lever arm of the regulator. This proposal is
prompted by a report indicating that design testing and analysis have
shown applied loads could cause the regulator's lever arm to break. The
actions specified by the proposed AD are intended to prevent failure of
the regulator, and consequent reduced controllability of the airplane.
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-115-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
[[Page 11387]]
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-115-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-115-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 from the manufacturer indicating
that the cable tension regulators on both the left and right elevators
are susceptible to failure. Design testing and analysis have shown
that, due to the presence of lightening holes in the tension regulator,
the lever arm of the tension regulator can break when design loads are
applied to it. Failure of the cable tension regulator, if not
corrected, could lead to reduced controllability of the airplane.
Explanation of Relevant Service Information
Dornier has issued Service Bulletin SB-328-27-116, dated September
26, 1995, which describes procedures for modification of the cable
tension regulator on both the left and right elevators. This
modification entails the installation of two lateral plates on the
lever arm to improve its load-carrying capability. The LBA classified
this service bulletin as mandatory and issued German airworthiness
directive 95-434, dated November 14, 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 modification of the
cable tension regulator on both the left and right elevators. This
modification would entail the installation of two lateral plates on the
lever arm of the regulator, and is intended to improve the load-
carrying capability of the arm. The action would be required to be
accomplished in accordance with the service bulletin described
previously.
Cost Impact
The FAA estimates that 27 Dornier Model 328-100 series airplanes of
U.S. registry would be affected by this proposed AD.
It would take approximately 2 work hours per airplane to accomplish
the proposed actions, and 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 $3,240, 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 96-NM-115-AD.
Applicability: Model 328-100 series airplanes having serial
number 3005 to 3045 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 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 cable tension regulator on both the
left and right elevators, and consequent reduced controllability of
the airplane, accomplish the following:
(a) Within 6 months after the effective date of this AD, modify
the cable tension regulator on both the left and right elevators by
installing two lateral plates on the lever arm, in accordance with
Dornier Service Bulletin SB-328-27-116, dated September 26, 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,
[[Page 11388]]
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. 97-6087 Filed 3-11-97; 8:45 am]
BILLING CODE 4910-13-U