[Federal Register Volume 62, Number 116 (Tuesday, June 17, 1997)]
[Proposed Rules]
[Pages 32699-32701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15768]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 62, No. 116 / Tuesday, June 17, 1997 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-119-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 supersedure of an existing 
airworthiness directive (AD), applicable to all Dornier Model 328-100 
series airplanes, that currently requires repetitive tightening of the 
screws and quick-release fasteners on the wing/body fairing panels. 
This proposed action would continue to require the repetitive 
tightening of these parts on certain airplanes. The proposed AD also 
would require the installation of new fastener systems for those panels 
on certain airplanes and the application of new torque values. 
Accomplishment of these actions would terminate the requirement for 
repetitive tightening of the screws and fasteners of those airplanes. 
In addition, the proposed AD would limit the applicability of the 
existing AD by removing certain airplanes. This proposal is prompted by 
the manufacturer's development of new fastener systems that will not 
vibrate and loosen. The actions specified by the proposed AD are 
intended to prevent separation of loosened wing/body fairing panels 
from the airplane, which, if not corrected, could lead to structural 
damage to the horizontal or vertical stabilizer, and potential injury 
to persons on the ground.

DATES: Comments must be received by July 28, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-119-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 (425) 
227-2796; fax (425) 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-119-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-119-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On October 3, 1994, the FAA issued AD 94-21-02, amendment 39-9043 
(59 FR 51361, October 11, 1994), applicable to all Dornier Model 328-
100 series airplanes, to require repetitive tightening of the screws 
and quick-release (camlock) fasteners on the wing/body fairing panels. 
That action was prompted by reports of loosened wing/body fairing 
panels. The requirements of that AD are intended to prevent structural 
damage to the horizontal or vertical stabilizer and potential injury to 
persons on the ground due to loosened wing/body fairing panels that may 
separate from the airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, which the FAA considered to be 
interim action, the manufacturer has developed new fastener systems to 
keep these panels from separating from the airplane. The relative 
movement between the wing spar box and adjacent fairing parts, as well 
as settling of the panels in the area where the attachment screws are 
located, causes the old fasteners to become loose. The newly developed 
fastener systems are designed to eliminate vibration and loosening of 
the fasteners.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328-53-144, Revision 2, 
dated September 18, 1996, which describes procedures for the 
installation of new fastener systems for the wing/body fairing panels 
on certain airplanes, and application of new torque values to these 
fasteners. These new systems are composed of such parts as anchor nuts 
with longer threads, larger screws and anchor nuts for areas where 
fairing panels are connected to the flange of the wing spar, flange 
washers and rubber rings to prevent direct contact between the fairing 
panels and the flange of the wing spar, and intermediate slide strips 
between the fairing panels and the airplane structure. Installation of 
these

[[Page 32700]]

new systems, with an increase in the torque values of those fasteners, 
would eliminate the need to repetitively tighten those fasteners.
    The service bulletin also limits its effectivity to airplanes 
having serial number 3005 through 3047 inclusive. Airplanes having 
serial number 3048 and subsequent had the new fastener systems 
installed during manufacture.
    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, classified Revision 1 of this service bulletin as 
mandatory and issued German airworthiness directive 94-009/4, dated 
February 1, 1996, in order to assure the continued airworthiness of 
these airplanes in Germany. (Revision 1, dated January 18, 1996, only 
differs from Revision 2 in its notes and the dimensions of certain 
figures.)

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 supersede AD 94-21-02 to 
continue to require repetitive tightening of the screws and quick-
release fasteners on the wing/body fairing panels. The proposed action 
also would require the installation of new fastener systems for these 
panels, and the application of new torque values to these fasteners. 
Accomplishment of this installation would terminate the current 
requirement for repetitive tightening of the fasteners for these panels 
on certain airplanes. Furthermore, the proposed AD would not apply to 
airplanes on which the installation of these fastener systems had been 
accomplished during production.
    The installation of the new fastener systems would be required to 
be accomplished in accordance with the service bulletin described 
previously.

Cost Impact

    There are approximately 8 Dornier Model 328-100 series airplanes of 
U.S. registry that would be affected by this proposed AD.
    The actions that are currently required by AD 94-21-02 take 
approximately 3 work hours per airplane to accomplish, at an average 
rate of $60 per work hour. Based on these figures, the cost impact on 
U.S. operators of the actions currently required is estimated to be 
$1,440, or $180 per airplane.
    The new actions that are proposed in this AD action would take 
approximately 120 work hours per airplane to accomplish, at an average 
rate of $60 per work hour. Required parts would provided by the 
manufacturer at no cost to the operator. Based on these figures, the 
cost impact on U.S. operators of the proposed requirements of this AD 
is estimated to be $57,600, or $7,200 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 removing amendment 39-9043 (59 FR 
51361, October 11, 1994), and by adding a new airworthiness directive 
(AD), to read as follows:

Dornier: Docket 96-NM-119-AD. Supersedes AD 94-21-02, Amendment 39-
9043.

    Applicability: All Model 328-100 series airplanes having serial 
number 3005 through 3047 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 (c) 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 structural damage to the horizontal or vertical 
stabilizer, and potential injury to persons on the ground due to 
loosened wing/body fairing panels that may separate from the 
airplane, accomplish the following:

Restatement of the Requirements of AD 94-21-02, Amendment 39-9043

    (a) Within 25 hours time-in-service after October 26, 1994 (the 
effective date of AD 94-21-02, amendment 39-9043), tighten the 
screws and quick-release fasteners on the wing/body fairing panels, 
in accordance with Dornier Alert Service Bulletin ASB-328-53-004, 
dated August 2, 1994. Repeat these procedures thereafter at 
intervals not to exceed 100 hours time-in-service.

    Note 2: The proper torque values are specified in the alert 
service bulletin.

Requirements of the Proposed AD

    (b) Within 12 months after the effective date of this AD, modify 
the left and right top fairing attachments by installing new 
fastener systems and increasing the torque values applied to these 
fasteners, in accordance with

[[Page 32701]]

Dornier Service Bulletin SB-328-53-144, Revision 2, dated September 
18, 1996. Accomplishment of this modification constitutes 
terminating action for the repetitive tightening actions required by 
paragraph (a) of this AD.

    Note 3: Installation of the new fastener systems and the 
application of new torque values accomplished prior to the effective 
date of this AD in accordance with Dornier Service Bulletin SB-328-
53-144, dated December 14, 1995, or Revision 1, dated January 18, 
1996, is considered acceptable for compliance with the requirements 
of paragraph (b) of this AD.

    (c) 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 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (d) 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 June 10, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-15768 Filed 6-16-97; 8:45 am]
BILLING CODE 4910-13-U