[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)]
[Rules and Regulations]
[Pages 16094-16096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8351]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-119-AD; Amendment 39-10432; AD 98-07-12]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes 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 action will 
continue to require the repetitive tightening of these parts on certain 
airplanes. This amendment requires the installation of new fastener 
systems for those panels on certain airplanes and the application of 
new torque values. Accomplishment of these actions will terminate the 
requirement for repetitive tightening of the screws and fasteners of 
those airplanes. In addition, the AD will limit the applicability of 
the existing AD by removing certain airplanes. This amendment is 
prompted by the manufacturer's development of new fastener systems that 
will not vibrate and loosen. The actions specified by this 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: Effective May 7, 1998.

    The incorporation by reference of Dornier Service Bulletin SB-328-
53-144, evision 2, dated September 18, 1996, as listed in the 
regulations, is approved by the Director of the Federal Register as of 
May 7, 1998.
    The incorporation by reference of Dornier Alert Service Bulletin 
ASB-328-53-004, dated August 2, 1994, including Figures 1 and 2 of 
Annex 1, as listed in the regulations, was approved previously by the 
Director of the Federal Register as of October 26, 1994 (59 FR 51361, 
October 11, 1994).

ADDRESSES: 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 
Federal Aviation Administration (FAA), Transport Airplane Directorate, 
Rules Docket, 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 94-21-02, 
amendment 39-9043 (59 FR 51361, October 11, 1994), which is applicable 
to all Dornier Model 328-100 series airplanes, was published in the 
Federal Register on June 17, 1997 (62 FR 32699). The action proposed to 
supersede AD 94-21-02 to continue to require repetitive tightening of 
the screws and quick-release fasteners on the wing/body fairing panels. 
For certain airplanes, the proposed AD also would require the 
installation of new fastener systems for those panels, 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. One commenter, an organization 
representing regional airlines, responded to the invitation for 
comments extended in the proposal to amend part 39. Due consideration 
has been given to the comments received from that commenter.
    As noted above, the proposed AD would require, for certain 
airplanes, the installation of new fastener systems and application of 
new torque values for the affected panels. Upon completion of those 
modifications, the requirement presently contained in AD 94-21-02 for 
repetitive tightening of the screws and fasteners would be terminated. 
Instead of this required terminating action, the commenter requests 
that those modifications be approved as an optional terminating action. 
Operators could then choose to complete those modifications or continue 
performing the inspections presently required by AD 94-21-02. The 
commenter contends that the inspections currently mandated by AD 94-21-
02 have been shown to be highly effective in responding to the 
airworthiness concern addressed in this AD. The commenter adds that the 
subject fasteners are highly visible. In addition, the mandated 
inspection also is supplemented by general daily inspection of the 
panels. Although the commenter indicates that accomplishment of the 
modification is critical for continued airworthiness, the ability to 
accomplish the required inspections, as well as a lack of in-service 
findings, support the contention that inspections should be allowed to 
continue.
    The FAA does not concur with the commenter's request. The FAA has 
determined that long term continued operational safety will be better 
assured by modifications or design changes to remove the source of the 
problem rather than by repetitive inspections. Long term inspections 
may not be providing the degree of safety assurance necessary for the 
transport airplane fleet. This, coupled with a better understanding of 
the human factors associated with numerous repetitive inspections has 
led the FAA to consider placing less emphasis on special procedures and 
more emphasis on design considerations. The FAA, therefore, does not 
concur that continued reliance on the inspections presently required by 
AD 94-21-02, as suggested by the commenter, would provide an adequate 
level of safety.
    The commenter also requests that if continued reliance on the 
inspections presently required by AD 94-21-02 is not permitted, the 
compliance period for the required modifications should be extended to 
24 months after the effective date of the AD. In that regard, the 
commenter presents economic data provided by an operator of affected 
aircraft.

[[Page 16095]]

    The commenter states that the cost impact information contained in 
the proposed rule only identifies eight affected airplanes. However, 
the commenter indicates that one operator alone operates 13 affected 
airplanes, and estimates that, if a 12-month compliance time is 
adopted, the cost of retrofit for that operator will be over $200,000, 
including disruption to its airline schedule.
    The FAA concurs with the commenter's request to extend the 
compliance time for accomplishment of the modification. The cost impact 
of the proposed AD was based on the assumption that eight airplanes 
would be affected. As the commenter notes, there are now considerably 
more affected airplanes in service. In light of this, the FAA has 
revised the cost impact information, below, to specify that 29 
airplanes of U.S. registry will be affected by this AD.
    The FAA's intent was that the modification be accomplished during a 
regularly scheduled maintenance visit for the majority of the affected 
fleet, when the airplanes would be located at a base where special 
equipment and trained personnel would be readily available, if 
necessary. Based on the information supplied by the commenter, the FAA 
now recognizes that 24 months will allow the majority of affected 
operators to accomplish the modification within regularly scheduled 
maintenance visits. The FAA has revised paragraph (b) of this final 
accordingly. The FAA does not consider that this extension will 
adversely affect safety.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    There are approximately 29 Dornier Model 328-100 series airplanes 
of U.S. registry that will be affected by this AD.
    The actions that are currently required by AD 94-21-02 take 
approximately 3 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the previously required actions on U.S. operators is 
estimated to be $5,220, or $180 per airplane.
    The new actions that are required by this new AD will take 
approximately 120 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts will be provided by the 
manufacturer at no cost to the operator. Based on these figures, the 
cost impact of the new requirements of this AD on U.S. operators is 
estimated to be $208,800, or $7,200 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the 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 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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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 removing amendment 39-9043 (59 FR 
51361, ctober 11, 1994), and by adding a new airworthiness directive 
(AD), amendment 39-10432, to read as follows:

98-07-12  Dornier: Amendment 39-10432. Docket 96-NM-119-AD. 
Supersedes AD 94-21-02, Amendment 39-9043.

    Applicability: All Model 328-100 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 
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

    (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.

New Requirements of this AD

    (b) Within 24 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 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.


[[Page 16096]]


    (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, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Inspector, who may add 
comments and then send it to the Manager, International Branch, ANM-
116.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (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.
    (e) The actions shall be done in accordance with Dornier Service 
Bulletin SB-328-53-144, Revision 2, dated September 18, 1996, and 
Dornier Alert Service Bulletin ASB-328-53-004, dated August 4, 1994.
    (1) The incorporation by reference of Dornier Service Bulletin 
SB-328-53-144, Revision 2, dated September 18, 1996, is approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.
    (2) The incorporation by reference of a Dornier Alert Service 
Bulletin ASB-328-53-004, dated August 2, 1994, including Figures 1 
and 2 of Annex 1, as listed in the regulations, was approved 
previously by the Director of the Federal Register as of October 26, 
1994 (59 FR 51361, October 11, 1994).
    (3) 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 5: The subject of this AD is addressed in German 
airworthiness directive 94-009/4, dated February 1, 1996.

    (f) This amendment becomes effective on May 7, 1998.

    Issued in Renton, Washington, on March 25, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-8351 Filed 4-1-98; 8:45 am]
BILLING CODE 4910-13-U