[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Proposed Rules]
[Pages 43347-43349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21716]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-173-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all Dornier Model 328-100 
series airplanes, that currently requires repetitive visual inspections 
for signs of fuel leakage on the outer wing beginning with Rib 21 and 
continuing outward; and corrective action, if necessary. This action 
would add a requirement for modification of the lower panels of the 
outer wing area, which would terminate the repetitive inspection 
requirements. This action also would limit the applicability of the 
existing AD. 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 fuel leakage on the outboard wing, which could result in a fuel 
explosion and fire.

DATES: Comments must be received by September 14, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-173-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 98-NM-173-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.

[[Page 43348]]

98-NM-173-AD, 1601 Lind Avenue SW., Renton, Washington 98055-4056.

Discussion

    On February 4, 1998, the FAA issued AD 98-04-06, amendment 39-10319 
(63 FR 6642, February 10, 1998), applicable to all Dornier Model 328-
100 series airplanes, to require repetitive visual inspections for 
signs of fuel leakage of the outer wing beginning with Rib 21 and 
continuing outward; and corrective action, if necessary. That action 
was prompted by issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. The 
requirements of that AD are intended to prevent fuel leakage on the 
outboard wing, which could result in a fuel explosion and fire.

Actions Since Issuance of Previous Rule

    In the preamble to AD 98-04-06, the FAA indicated that the actions 
required by that AD were considered ``interim action'' and that further 
rulemaking action was being considered. The FAA now has determined that 
further rulemaking action is indeed necessary; this AD follows from 
that determination.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328-57-255, dated January 
21, 1998, which describes procedures for modification of the lower 
panels of the outer wing area by adding a drainhole. In case of fuel 
tank leakage, the drainhole is intended to indicate a fuel leak and 
prevent fuel accumulation. Accomplishment of the modification would 
eliminate the need for the repetitive inspections described in Dornier 
Alert Service Bulletin ASB-328-57-020, dated October 28, 1997 (referred 
to in the existing AD as the appropriate source of service information 
for accomplishment of the inspection). In addition, the effectivity of 
Dornier Service Bulletin SB-328-57-255 is limited to those airplanes on 
which the modification was not accomplished during production. 
Accomplishment of the actions 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 this service bulletin as mandatory and issued 
German airworthiness directive 1998-218, dated May 7, 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 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 supersede AD 98-04-06 to 
continue to require a visual inspection for signs of fuel leakage of 
the outer wings beginning with Rib 21 and continuing outward. The 
proposed AD also would require accomplishment of the action specified 
in Dornier Service Bulletin SB-328-57-255, as described previously. 
Accomplishment of that action would terminate the currently required 
repetitive inspections. The proposed AD would limit the applicability 
to those airplanes on which the modification described previously was 
not accomplished during production.

Cost Impact

    There are approximately 50 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The repetitive inspection that is currently required by AD 98-04-
06, and retained in this AD, takes approximately 2 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 currently required 
inspection on U.S. operators is estimated to be $6,000, or $120 per 
airplane, per inspection cycle.
    The new modification that is proposed in this AD action would take 
approximately 7 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 modification proposed by this AD on U.S. operators is 
estimated to be $21,000, or $420 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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 removing amendment 39-10319 (63 FR 
6642, February 10, 1998), and by adding a new airworthiness directive 
(AD), to read as follows:

    Dornier Luftfahrt GMBH: Docket 98-NM-173-AD. Supersedes AD 98-
04-06, amendment 39-10319.

    Applicability: Model 328-100 series airplanes, serial numbers 
3005 through 3098 inclusive, excluding serial number 3089; 
certificated in any category.


[[Page 43349]]


    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)(1) 
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 a fuel explosion and fire, accomplish the following:

Restatement of Requirements of AD 98-04-06

    (a) Within 30 days after February 25, 1998 (the effective date 
of AD 98-04-06, amendment 39-10319), 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, until 
the actions required by paragraph (b) of this AD are accomplished.

New Requirements of this AD

    (b) Within 6 months after the effective date of this AD, drill a 
drainhole in the lower panels of the left- and right-hand outer 
wings, in accordance with Dornier Service Bulletin SB-328-57-255, 
dated January 21, 1998. Accomplishment of the requirements of this 
paragraph constitutes terminating action for the repetitive 
inspections required by paragraph (a) of this AD.
    (c)(1) 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.
    (c)(2) Alternative methods of compliance, approved previously in 
accordance with AD 98-04-06, amendment 39-10319, are approved as 
alternative methods of compliance with this AD.

    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 directive 1998-218, dated May 7, 1998.

    Issued in Renton, Washington, on August 7, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-21716 Filed 8-12-98; 8:45 am]
BILLING CODE 4910-13-P