[Federal Register Volume 63, Number 14 (Thursday, January 22, 1998)]
[Proposed Rules]
[Pages 3270-3271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1426]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-NM-108-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 a one-time inspection for
discrepancies of certain engine control cables, and replacement of the
cables with new or serviceable control cables, if necessary. It also
would require modification of the cable fairleads on the nose rib
firewall. Additionally, this proposal would require modification of the
mounting brackets of the control cable pulleys in the pulley box. This
proposal is prompted by issuance of mandatory continuing airworthiness
information by a foreign civil airworthiness authority. The actions
specified by the proposed AD are intended to prevent chafing of engine
control cables, which could cause the cables to break and result in
loss of engine control and consequent reduced controllability of the
airplane.
DATES: Comments must be received by February 23, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 97-NM-108-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 Fairchild Dornier, 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: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4556, telephone (425)
227-2110; 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 97-NM-108-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-114, Attention: Rules
Docket No. 97-NM-108-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, notified the FAA that an unsafe condition may exist on
certain Dornier Model 328-100 series airplanes. The LBA advises that it
received a report indicating that, during routine inspection, engine
control cables were found to be chafed in the area of the cable
fairleads on the nose rib firewall, and in the area of the cable
fairleads in the fuselage. Such chafing, if not corrected, could cause
the cables to break and result in loss of engine control and consequent
reduced controllability of the airplane.
Explanation of Relevant Service Information
Dornier has issued Service Bulletin SB-328-76-152, dated May 6,
1996, which describes procedures for a one-time inspection for chafing
or discrepancies of the engine control cables in the area of the cable
fairleads on the nose rib firewall, and replacement of the cables with
new or serviceable cables, if necessary. Additionally, that service
bulletin describes procedures for modification of these cable
fairleads, which entails removing the fairleads, enlarging the bolt
holes, and reworking the firewall.
In addition, Dornier also has issued Service Bulletin SB-328-76-
168, dated May 6, 1996, which describes procedures for a one-time
inspection for chafing or discrepancies of the engine control cables in
the area of the cable fairleads in the fuselage, and replacement of the
cables with new or serviceable cables, if necessary. Additionally, that
service bulletin describes procedures for modification of the mounting
brackets of the control cable pulleys in the pulley box, in order to
improve alignment of the control cables in the area of the cable
fairleads in the fuselage.
Accomplishment of the actions specified in the service bulletins is
intended to adequately address the identified unsafe condition. The LBA
classified these service bulletins as mandatory and issued German
airworthiness directives 96-288 and 96-290, both dated October 10,
1996, in order to assure the continued airworthiness of these airplanes
in Germany.
[[Page 3271]]
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 accomplishment of
the actions specified in the service bulletins described previously.
Cost Impact
The FAA estimates that 59 Dornier Model 328-100 series airplanes of
U.S. registry would be affected by this proposed AD.
The actions specified in Service Bulletin SB-328-76-152 would be
required to be accomplished on 56 Dornier Model 328-100 series
airplanes of U.S. registry. It would take approximately 4 work hours
per airplane to accomplish that action, at an average labor rate of $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 this
action on the 56 affected U.S.-registered airplanes is estimated to be
$13,440, or $240 per airplane.
The actions specified in Service Bulletin SB-328-76-168 would be
required to be accomplished on 29 Dornier Model 328-100 series
airplanes of U.S. registry. It would take approximately 12 work hours
per airplane to accomplish that action, at an average labor rate of $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 this
action on the 29 affected U.S.-registered airplanes is estimated to be
$20,880, or $720 per airplane.
The cost impact figures discussed above are 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 97-NM-108-AD.
Applicability: Model 328-100 series airplanes; as listed in
Dornier Service Bulletins SB-328-76-152 and SB-328-76-168, both
dated May 6, 1996; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
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 (d) 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 chafing of engine control cables, which could cause
the control cables to break and result in loss of engine control and
consequent reduced controllability of the airplane, accomplish the
following:
(a) Within 90 days after the effective date of this AD, perform
a one-time inspection to detect chafing or discrepancies of the
engine control cables in the areas of the cable fairleads on the
nose rib firewall, and the cable fairleads in the fuselage; in
accordance with Dornier Service Bulletins SB-328-76-152 and SB-328-
76-168, both dated May 6, 1996; respectively. If any discrepancy or
chafing is found, prior to further flight, replace the damaged
cables with new or serviceable cables in accordance with the
applicable service bulletin.
(b) For airplanes listed in Dornier Service Bulletin SB-328-76-
152, dated May 6, 1996: Prior to further flight following the
inspection required in paragraph (a) of this AD, modify the cable
fairleads on the nose rib firewall in accordance with the service
bulletin.
(c) For airplanes listed in Dornier Service Bulletin SB-328-76-
168, dated May 6, 1996: Prior to further flight following the
inspection required in paragraph (a) of this AD, modify the mounting
brackets of the control cable pulleys in the pulley box in
accordance with the service bulletin.
(d) 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.
(e) 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.
Note 3: The subject of this AD is addressed in German
airworthiness directives 96-288 and 96-290, both dated October 10,
1996.
Issued in Renton, Washington, on January 14, 1998.
Gilbert L. Thompson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-1426 Filed 1-21-98; 8:45 am]
BILLING CODE 4910-13-U