[Federal Register Volume 62, Number 222 (Tuesday, November 18, 1997)]
[Rules and Regulations]
[Pages 61434-61436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30103]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-284-AD; Amendment 39-10208; AD 97-24-01]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to all Dornier Model 328-100 series airplanes. This
action requires repetitive inspections to detect migration or damage of
the bushings of the main landing gear (MLG) trailing arm, and
replacement of any damaged or displaced bushing. This amendment is
prompted by reports indicating that damagedor displaced bushings have
been found on several MLG trailing arms of Dornier Model 328-100 series
airplanes. The actions specified in this AD are intended to prevent
failure of the bushings of the MLG trailing arm, which could result in
collapse of the MLG during landing.
DATES: Effective December 3, 1997.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 3, 1997.
Comments for inclusion in the Rules Docket must be received on or
before December 18, 1997.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 97-NM-284-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The service information referenced in this AD may be obtained from
Dornier Deutsche Aerospace, P.O. Box 1103, D-82230 Wessling, Federal
Republic of Germany. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: International Branch, ANM-116, FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056; telephone (425) 227-2110; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: The Luftfahrt-Bundesamt (LBA), which is the
airworthiness authority for Germany, recently notified the FAA that an
unsafe condition may exist on all Dornier Model 328-100 series
airplanes. The LBA advises that fatigue damaged or displaced bushings
have been found on several main landing gear (MLG) trailing arms. This
condition, if not corrected, could result in collapse of the MLG during
landing.
Explanation of Relevant Service Information
Dornier has issued Alert Service Bulletin ASB-328-32-019, dated
September 17, 1997, which describes procedures for repetitive visual
inspections to detect damage or migration of the bushings of the MLG
trailing arm, and replacement of any damaged or displaced bushing. The
LBA advises that it considers this alert service bulletin to be
mandatory, and that it is in the process of issuing a German
airworthiness directive 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 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, this AD is being issued to require accomplishment
of the actions specified in the alert service bulletin described
previously, except as discussed below.
[[Page 61435]]
Differences Between This AD and the Related Service Bulletin
Operators should note that, unlike the procedures described in
Dornier Alert Service Bulletin ASB-328-32-019, dated September 17,
1997, this AD does not permit further flight if damage or migration of
the bushings is found. The FAA has determined that, because of the
safety implications and consequences associated with such damage, any
bushing that is found to be damaged or displaced must be replaced prior
to further flight.
Interim Action
This AD is considered to be interim action until final action is
identified, at which time the FAA may consider additional rulemaking.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 97-NM-284-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will 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 final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends 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:
97-24-01 DORNIER: Amendment 39-10208. Docket 97-NM-284-AD.
Applicability: All Model 328-100 series airplanes, 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 (f) 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 bushings of the main landing gear
(MLG) trailing arm, which could result in collapse of the MLG during
landing, accomplish the following:
(a) For airplanes that have accumulated 3,000 total flight hours
or more as of the effective date of this AD: Within 7 days after the
effective date of this AD, conduct an external visual inspection to
detect damage or migration of the bushings of each MLG trailing arm,
in accordance with Section 2.B(1) of Dornier Alert Service Bulletin
ASB-328-32-019, dated September 17, 1997.
(b) For airplanes that have accumulated less than 3,000 total
flight hours as of the effective date of this AD: Prior to
accumulation of 3,000 total flight hours, or within 300 flight hours
after the effective date of this AD, whichever occurs later, conduct
a detailed visual inspection to detect damage of the bushings of
each MLG trailing arm, in accordance with Section 2.B(2) of Dornier
Alert Service Bulletin ASB-328-32-019, dated September 17, 1997.
(c) If no damage or migration is detected during the inspection
required by paragraph (a) or (b) of this AD within 300 flight hours
after the inspection, and thereafter at intervals not to exceed 300
flight hours, conduct a detailed visual inspection to detect damage
of the bushings of each MLG trailing arm, in accordance with Section
2.B(2) of Dornier Alert Service Bulletin ASB-328-32-019, dated
September 17, 1997.
(d) If any damage or migration is detected during any inspection
required by paragraph (a), (b), or (c) of this AD, prior to further
flight, replace any affected bushing in accordance with Section
2.B(2) of Dornier Alert Service Bulletin ASB-328-32-019, dated
September 17, 1997. Thereafter, except as provided by paragraph (e)
of this AD, continue to inspect the bushings in accordance with
paragraph (c) of this AD.
(e) For airplanes on which all bushings of both MLG trailing
arms have been replaced in accordance with Dornier Alert Service
Bulletin ASB-328-32-019, dated September
[[Page 61436]]
17, 1997: Within 3,000 flight hours after replacement of the
bushings, and thereafter at intervals not to exceed 300 flight
hours, inspect the new bushings in accordance with paragraph (c) of
this AD.
(f) 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, International Branch, ANM-116, 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, International
Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
(g) 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.
(h) The inspection and replacement shall be done in accordance
with Dornier Alert Service Bulletin ASB-328-32-019, dated September
17, 1997. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained from Dornier Deutsche
Aerospace, P.O. Box 1103, D-82230 Wessling, Federal Republic of
Germany. Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
(i) This amendment becomes effective on December 3, 1997.
Issued in Renton, Washington, on November 10, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 97-30103 Filed 11-17-97; 8:45 am]
BILLING CODE 4910-13-U