[Federal Register Volume 64, Number 38 (Friday, February 26, 1999)]
[Proposed Rules]
[Pages 9453-9455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4794]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-NM-110-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 all Dornier Model 328-100 series
airplanes, that would have required repetitive inspections for chafing
of various control cables, and replacement of any chafed cable with a
serviceable cable. That proposal was prompted by chafing of various
control cables found during inspections conducted at the manufacturer's
facility and at overhaul facilities. This new action revises the
proposed rule by expanding the areas to be inspected to detect damage
and discrepancies, and providing for corrective action, if necessary;
by adding a requirement for repetitive inspections of certain
fairleads/swivel guides to detect damage and other discrepancies, and
corrective action, if necessary; and by extending the compliance time
for the initial inspections. The actions specified by this new proposed
AD are intended to prevent failure of the pilot's control cables for
the autopilot, elevator, rudder, aileron, and engine, which could
result in reduced controllability of the airplane.
DATES: Comments must be received by March 23, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 96-NM-110-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.
[[Page 9454]]
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-110-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-110-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 all
Dornier Model 328-100 series airplanes, was published as a notice of
proposed rulemaking (NPRM) in the Federal Register on March 26, 1997
(62 FR 14371). That NPRM would have required inspections for chafing of
various control cables, and replacement of any chafed cable with a
serviceable cable. That NPRM was prompted by chafing of various control
cables found during inspections conducted at the manufacturer's
facility and at overhaul facilities. Such chafing, if not corrected,
could cause the pilot's control cables for the autopilot, elevator,
rudder, and engine to be ineffective, and could result in reduced
controllability of the airplane.
Actions Since Issuance of Previous Proposal
Since the issuance of that NPRM, the Luftfahrt-Bundesamt (LBA),
which is the airworthiness authority for Germany, has advised the FAA
that the area of inspection identified in that NPRM for all Dornier
328-100 series airplanes should be expanded to include certain cable
locations and fairleads/swivel guides of the rudder and aileron control
systems. Those areas are similar in design to the areas proposed to be
inspected by that NPRM, and therefore are subject to the same unsafe
condition.
The LBA has further advised the FAA that an increase in the initial
inspection threshold is warranted, based on in-service experience. The
FAA finds that the inspection threshold of 3,000 flight hours
recommended by the LBA will provide an acceptable level of safety.
Explanation of New Service Information
The manufacturer has issued Dornier 328 Alert Service Bulletin ASB-
328-00-011, Revision 1, dated June 5, 1996, which includes the
following changes from the original issue of the service bulletin,
which was referenced as the appropriate source of service information
in the NPRM:
Revision 1 adds procedures for repetitive detailed visual
inspections to detect damage (excessive wear and broken wires) of the
rudder control cables in the area of frame 15 and the aileron control
cables in the area of fuselage frames 15, 24, and 26; and replacement
with new or serviceable cables if damage exceeds specified limits.
Revision 1 adds procedures for repetitive detailed visual
inspections to detect discrepancies (incorrect installation and
misalignment) of the engine control cable fairleads/swivel guides in
the areas of the fuselage conduit seal housing and the wing/nacelle
fairleads/swivel guides, and readjustment of discrepant fairleads/
swivel guides.
Revision 1 extends the compliance time for the initial
inspections from 2,000 to 3,000 flight hours.
Revision 1 provides additional maintenance manual
references for accomplishment of certain actions.
Revision 1 recommends that the inspections be repeated at
regular intervals (the original issue of the alert service bulletin
recommended that the inspections be repeated one time only).
Clarify the requirement to adjust the tension in the
autopilot cables by specifying accomplishment of the adjustment one
time only (during the initial inspection).
The LBA classified this alert service bulletin as mandatory and
issued German airworthiness directive 96-001/2, dated August 15, 1996,
in order to ensure the continued airworthiness of these airplanes in
Germany.
The FAA has revised this supplemental NPRM to require
accomplishment of the actions specified in the alert service bulletin
described previously.
Consideration of Comments Received
Since the issuance of that NPRM, the FAA has given due
consideration to the comments received in response to the NPRM.
Request To Revise Criteria for Cable Replacement Requirements
One commenter indicates that the proposed requirement to replace
any chafed cable--2 regardless of the amount of chafing detected--2
would result in automatic cable replacements for insignificant wear and
impose an unjustifiable hardship on operators. The commenter adds that
cables having wear and broken wires within the limits specified in the
Dornier 328-100 Aircraft Maintenance Manual (which is referenced in
Alert Service Bulletin ASB-328-00-011, Revision 1) would meet type
design requirements. The commenter proposes that cables be replaced
only if the chafe limit exceeds 20% on any strand, stating that this
would provide more than enough margin to make it through the next
inspection interval.
The FAA partially concurs with the request to revise the
replacement criteria. The commenter's suggested limit for chafing is
more conservative than the 50-percent limit allowed by the maintenance
manual. Based on information provided by the manufacturer and the LBA,
the FAA has determined that the limit for wear and broken wires
specified by the maintenance manual will meet the strength requirements
for the affected type design. The supplemental NPRM has been revised to
propose requiring the replacement of damaged cables with new or
serviceable cables if the detected damage exceeds the limits specified
in the maintenance manual.
[[Page 9455]]
Conclusion
Since these changes expand 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 51 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 6 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Based on these figures, the
cost impact of the proposed AD on U.S. operators is estimated to be
$18,360, or $360 per airplane, per inspection cycle.
The cost impact figure discussed above is 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 96-NM-110-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 (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 failure of the pilot's control cables for the
autopilot, elevator, rudder, aileron, and engine, which could result
in reduced controllability of the airplane, accomplish the
following:
(a) Prior to the accumulation of 3,000 total flight hours, or
within 200 flight hours after the effective date of this AD,
whichever occurs later: Perform detailed visual inspections to
detect damage (extensive wear and broken wires) and discrepancies
(incorrect installation and misalignment) of the control cables and
fairleads/swivel guides for the autopilot, elevator, rudder,
aileron, and engine; as applicable; in accordance with Dornier Alert
Service Bulletin ASB-328-00-011, Revision 1, dated June 5, 1996.
Repeat the inspections thereafter at intervals not to exceed 1,500
flight hours.
(1) If any damage is found that exceeds the limits specified in
the alert service bulletin, prior to further flight, replace the
damaged cable with a new or serviceable cable, in accordance with
the alert service bulletin.
(2) If any discrepancy is found, prior to further flight,
perform applicable corrective actions, in accordance with the alert
service bulletin.
(b) Concurrent with the initial inspection required by paragraph
(a) of this AD, perform a one-time adjustment of the tension in the
autopilot control cables, in accordance with Dornier Alert Service
Bulletin ASB-328-00-011, Revision 1, dated June 5, 1996.
(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 directive 96-001/2, dated August 15, 1996.
Issued in Renton, Washington, on February 19, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-4794 Filed 2-25-99; 8:45 am]
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