[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Proposed Rules]
[Pages 31382-31384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15247]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-113-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to certain Dornier Model 328-100 series 
airplanes, that would have required repetitive inspections to detect 
cracking of the support beam of the main landing gear (MLG) fairing; 
and permanent repair of any cracking found, which would terminate the 
repetitive inspections. This new action revises the proposed rule by 
adding a requirement for installation of reinforcement parts for the 
longitudinal beam of the MLG fairing, which also would terminate the 
repetitive inspections. This new action also limits the applicability 
of the proposed rule. This proposal is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by this new proposed AD 
are intended to prevent cracking of the support beam of the MLG 
fairing, which could result in reduced structural integrity of the 
lower part of the MLG fairing, and consequent separation of part of the 
fairing from the airplane and possible damage to the airplane or injury 
to persons on the ground.

DATES: Comments must be received by July 6, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 96-NM-113-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 98055-4056; 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 96-NM-113-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. 96-NM-113-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to 
certain Dornier Model 328-100 series airplanes, was published as a 
notice of proposed rulemaking (NPRM) in the Federal Register on April 
9, 1997 (62 FR 17129). That NPRM would have required repetitive 
inspections to detect cracking of the support beam of the main landing 
gear (MLG) fairing; and permanent repair of any cracking found, which 
would terminate the repetitive inspections. That NPRM was prompted by 
reports of cracking of the support beam of the MLG fairing. That 
condition, if not corrected, could result in reduced structural 
integrity of the lower part of the MLG fairing, and consequent 
separation of part of the fairing from the airplane and possible damage 
to the airplane or injury to persons on the ground.

Disposition of Comments

    Due consideration has been given to the comments received in 
response to the NPRM.

Request To Cite Additional Service Information

    One commenter, the manufacturer, requests that the FAA revise the 
proposal to reference Dornier Service Bulletin SB-328-53-184, Revision 
1, dated July 2, 1997. That service bulletin describes procedures for 
installation of reinforcement parts for the longitudinal beam of the 
MLG fairing, which would eliminate the need for the repetitive 
inspections. The effectivity listing of the service bulletin limits 
accomplishment of the installation of reinforcement parts to those 
airplanes on which the installation was not accomplished in production. 
Accomplishment of the action specified in the service bulletin is 
intended to adequately address the identified unsafe condition. The 
Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for 
Germany, classified the original release of this service bulletin, 
dated January 10, 1997, as mandatory and issued German airworthiness 
directive 97-073, dated March 27, 1997, in order to assure the 
continued airworthiness of these airplanes in Germany.
    The FAA concurs with the commenter's request. The FAA finds that 
accomplishment of the terminating action is necessary within 3,000 
hours time-in-service, as specified in the German airworthiness 
directive. The FAA has revised this supplemental NPRM accordingly. 
Additionally, the cost impact information, below, has been revised to 
reflect any additional costs to operators.

[[Page 31383]]

Request To Revise Compliance Time

    The manufacturer requests that the FAA consider adjusting the 
compliance time specified in paragraph (a)(2) of the proposed AD to 
provide an option for temporary repair if cracks less than 50 mm are 
found, and to allow a repetitive inspection every 300 flight hours 
until the crack length exceeds 50 mm, as recommended in Dornier Alert 
Service Bulletin ASB-328-53-010, dated October 13, 1995. The commenter 
states that the request is based on the work hours required to 
accomplish the installation of reinforcement parts (as described in 
Dornier Service Bulletin SB-328-53-184) and the availability of mod 
kits. Additionally, the commenter notes that this option for temporary 
repair would provide relief for operators to continue revenue flight 
until arrival at a suitable maintenance facility.
    The FAA does not concur. As stated in the original NPRM, the FAA 
has determined that, due to the safety implications and consequences 
associated with such cracking, the permanent repair would be required 
to be accomplished prior to further flight, if evidence of cracking is 
found. This supplemental NPRM also adds a requirement for installation 
of reinforcement parts within 3,000 hours time-in-service, which would 
terminate the requirement for the repetitive inspections; this 
installation can be accomplished prior to any finding of cracks, and so 
may be more easily scheduled at the operator's convenience. 
Additionally, under the provisions of paragraph (d) of this 
supplemental NPRM, the FAA may approve requests for adjustments to the 
compliance time if data are submitted to substantiate that such an 
adjustment would provide an acceptable level of safety.

Conclusion

    Since the change described previously expands the scope of the 
originally proposed rule, the FAA has determined that it is necessary 
to reopen the comment period to provide additional opportunity for 
public comment.

Cost Impact

    The FAA estimates that 47 Dornier Model 328-100 series airplanes of 
U.S. registry would be affected by this proposed AD.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed inspection, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the inspection proposed by 
this AD on U.S. operators is estimated to be $2,820, or $60 per 
airplane, per inspection cycle.
    It would take approximately 8 work hours per airplane to accomplish 
the proposed installation of reinforcement parts, and that the average 
labor rate is $60 per work hour. Required parts would be supplied by 
the manufacturer at no cost to the operators. Based on these figures, 
the cost impact of the installation proposed by this AD on U.S. 
operators is estimated to be $22,560, or $480 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.
    Should an operator be required to accomplish the permanent repair 
of cracked structure, it would take approximately 3 work hours per 
airplane to accomplish it, at an average labor rate of $60 per work 
hour. Required parts would be supplied by the manufacturer at no cost 
to the operators. Based on these figures, the cost impact of the repair 
action, if accomplished, is estimated to be $180 per airplane.

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 Luftfahrt GmbH: Docket 96-NM-113-AD.

    Applicability: Model 328-100 series airplanes, serial numbers 
3005, 3008, 3009, and 3011 through 3079 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 reduced structural integrity of the lower part of the 
main landing gear (MLG) fairing, and consequent separation of part 
of the fairing from the airplane and possible damage to the airplane 
or injury to persons on the ground, accomplish the following:
    (a) Within 300 hours time-in-service after the effective date of 
this AD, perform a visual inspection to detect cracking of the lower 
attachment flanges in the area of the bend radii of the forward and 
aft support beams of the MLG, in accordance with Dornier Alert 
Service Bulletin ASB-328-53-010, dated October 13, 1995.
    (1) If no cracking is found, repeat the inspection thereafter at 
intervals not to exceed 300 hours time-in-service, until the actions 
required by either paragraph (a)(2) or (b) of this AD have been 
accomplished.
    (2) If any cracking is found, prior to further flight, 
accomplish the permanent repair in accordance with the alert service 
bulletin. Accomplishment of the permanent repair constitutes 
terminating action for the repetitive inspections required by this 
AD.
    (b) Within 3,000 hours time-in-service after the effective date 
of this AD, install reinforcement parts for the longitudinal beam

[[Page 31384]]

of the MLG, in accordance with Dornier Service Bulletin SB-328-53-
184, Revision 1, dated July 2, 1997. Accomplishment of this 
installation constitutes terminating action for the requirements 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, 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.

    (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.

    Note 3: The subject of this AD is addressed in German 
airworthiness directives 95-413, dated November 2, 1995, and 97-073, 
dated March 27, 1997.

    Issued in Renton, Washington, on June 3, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-15247 Filed 6-8-98; 8:45 am]
BILLING CODE 4910-13-U