[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Rules and Regulations]
[Pages 6642-6643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3264]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-23-AD; Amendment 39-10319; AD 98-04-06]
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 visual inspections for signs of fuel leakage 
of the outer wing beginning with Rib 21 and continuing outward, and 
corrective action, if necessary. This amendment is prompted by issuance 
of mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified in this AD are intended 
to prevent fuel leakage on the outboard wing, which could result in a 
fuel explosion and fire.

DATES: Effective February 25, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 25, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before March 12, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-23-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    The service information referenced in this AD 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; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
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 during a routine line check, fuel 
leakage was found at Rib 21 on the left-hand outboard wing. The cause 
has been attributed to inadequate sealing of the fuel tanks located in 
each wing. Such fuel leakage, if not corrected, could result in a fuel 
explosion and fire.

Explanation of Relevant Service Information

    Dornier has issued Alert Service Bulletin ASB-328-57-020, dated 
October 28, 1997, which describes procedures for repetitive visual 
inspections of the left and right-hand outer wings, beginning with Rib 
21 and continuing outward, for signs of fuel leakage; and re-sealing of 
the respective fuel tank, if necessary. The LBA classified this alert 
service bulletin as mandatory and issued German airworthiness directive 
1998-020, dated January 15, 1998, 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 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 prevent fuel leakage 
on the outboard wing, which could result in a fuel explosion and fire. 
This AD requires accomplishment of the actions specified in the alert 
service bulletin described previously.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further 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

[[Page 6643]]

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 98-NM-23-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:

98-04-06  Dornier: Amendment 39-10319. Docket 98-NM-23-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 
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 fuel leakage on the outboard wing, which could result 
in risk of a fuel explosion and fire, accomplish the following:
    (a) Within 30 days after the effective date of this AD, perform 
a visual inspection of the left and right-hand outer wings, 
beginning with Rib 21 and continuing outward, for signs of fuel 
leakage, in accordance with Dornier Alert Service Bulletin ASB-328-
57-020, dated October 28, 1997. If any sign of fuel leakage is 
detected, prior to further flight, re-seal the respective fuel tank 
in accordance with the alert service bulletin. Repeat the inspection 
at intervals not to exceed 1,500 flight hours or 6 months, whichever 
occurs first.
    (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, 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.
    (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.
    (d) The actions shall be done in accordance with Dornier Alert 
Service Bulletin ASB-328-57-020, dated October 28, 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 FAIRCHILD DORNIER, DORNIER Luftfahrt 
GmbH, P.O. Box 1103, D-82230 Wessling, 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.

    Note 3: The subject of this AD is addressed in German 
airworthiness directive 1998-020, dated January 15, 1998.
    (e) This amendment becomes effective on February 25, 1998.

    Issued in Renton, Washington, on February 4, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-3264 Filed 2-9-98; 8:45 am]
BILLING CODE 4910-13-P