[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Proposed Rules]
[Pages 10372-10374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4924]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-112-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 and Model 328-300 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Dornier Model 328-100 and 
Model 328-300 series airplanes. This proposal would require repetitive 
detailed inspections of all attach caps of the passenger seats for 
cracks or defects; and replacement of the caps with new caps, if 
necessary. This action is necessary to prevent failure due to cracking 
of the seat frame attach caps on the passenger seat assemblies, which 
could result in separation of the passenger seat from the supporting 
structure during an emergency landing, hard landing, or turbulence, and 
consequent injury to the seat occupant. This action is intended to 
address the identified unsafe condition.

DATES: Comments must be received by April 5, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-112-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2003-NM-112-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from AvCraft Aerospace 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: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1503; 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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, 
discuss a request to change the compliance time and a request to change 
the service bulletin reference as two separate issues.
     For each issue, state what specific change to 
the proposed AD is being requested.
     Include justification (e.g., reasons or data) 
for each request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2003-NM-112-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. 2003-NM-112-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, notified the FAA that an unsafe condition may exist on 
certain Dornier Model 328-100 and -300 series airplanes. The LBA 
advises that it has received reports of instances of failure of the 
seat frame attach caps on the passenger seat assemblies due to 
cracking. This condition, if not corrected, could result in separation 
of the passenger seat from the supporting structure during an emergency 
landing, hard landing, or turbulence, which

[[Page 10373]]

could result in injury to the seat occupant.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328-25-412, dated November 
21, 2002 (for Model 328-100 series airplanes); and Service Bulletin SB-
328J-25-143, dated November 21, 2002 (for Model 328-300 series 
airplanes); as applicable. The service bulletins describe procedures 
for performing repetitive detailed inspections of all attach caps of 
the passenger seats for cracks or defects; for replacing the caps with 
new caps, if necessary; and for reporting inspection findings to the 
airplane and passenger seat manufacturers. Accomplishment of the 
actions specified in the service bulletins is intended to adequately 
address the identified unsafe condition. The LBA classified these 
service bulletins as mandatory and issued German airworthiness 
directive 2003-063, dated March 6, 2003, and German airworthiness 
directive 2003-072, dated March 6, 2003, in order to assure the 
continued airworthiness of these airplanes in Germany.

Additional Sources of Service Information

    The Dornier service bulletins refer to B/E Aerospace Service 
Bulletin 2524.519/520-2532, dated November 2, 2001, and B/E Aerospace 
Service Bulletin 2524.519/520-2530, Revision C, dated November 12, 
2001, as additional sources of service information for accomplishment 
of the inspections and replacement of the passenger seat attach caps.

FAA's Conclusions

    These airplane models are manufactured in Germany and are 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 require accomplishment of 
the actions specified in the service bulletins described previously, 
except as discussed below.

Difference Between Proposed Rule and Referenced Service Bulletins

    Operators should note that, although the referenced service 
bulletins describe procedures for reporting all inspection findings to 
the airplane and passenger seat manufacturers, this proposed AD would 
not require those actions. The FAA does not need this information from 
operators.

Clarification Between Proposed Rule and German Airworthiness Directives

    Although the German airworthiness directives specify accomplishing 
the repetitive detailed inspections every 8,000 flight hours or every 
2C-Check, we have determined that compliance times should not be based 
on indefinite intervals such as ``every 2 C-Check.'' Since maintenance 
schedules vary from operator to operator, there can be no assurance 
that the action will be accomplished within the time frame for safe 
operation of the aircraft. Therefore we have added a specific calendar 
time limit of 48 months for the repetitive detailed inspections to 
align with the 2C-Check interval specified in the German airworthiness 
directives.

Cost Impact

    The FAA estimates that 101 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 3 work 
hours to accomplish the proposed inspection, and that the average labor 
rate is $65 per work hour. Based on these figures, the cost impact of 
the proposed AD on U.S. operators is estimated to be $19,695, or $195 
per airplane, per inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has accomplished any of the proposed requirements of this 
AD action, and that no operators would accomplish those actions in the 
future if this proposed AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
effect 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, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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:

Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): Docket 
2003-NM-112-AD.

    Applicability: Model 328-100 and -300 series airplanes, equipped 
with B/E Aerospace passenger seats, Model part number (P/N) 
2524.519-.() and Model P/N 2524.520-.(); certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure due to cracking of the seat frame attach caps 
on the passenger seat assemblies, which could result in separation 
of the passenger seat from the supporting structure during an 
emergency landing, hard landing, or turbulence, and consequent 
injury to the seat occupant, accomplish the following:

Service Bulletin References

    (a) The term ``service bulletin,'' as used in this proposed AD, 
means the

[[Page 10374]]

Accomplishment Instructions of Dornier Service Bulletin SB-328-25-
412, dated November 21, 2002 (for Model 328-100 series airplanes); 
and Dornier Service Bulletin SB-328J-25-143, dated November 21, 2002 
(for Model 328-300 series airplanes); as applicable.

    Note 1: The Dornier service bulletins refer to B/E Aerospace 
Service Bulletin 2524.519/520-2532, dated November 2, 2001; and B/E 
Aerospace Service Bulletin 2524.519/520-2530, Revision C, dated 
November 12, 2001; as additional sources of service information for 
accomplishment of the inspections and replacement of the passenger 
seat attach caps.

Inspection

    (b) Within 100 flight hours from the effective date of this AD, 
perform a detailed inspection of all attach caps of the passenger 
seats for cracks or defects, in accordance with the Accomplishment 
Instructions of the applicable service bulletin. Repeat the detailed 
inspection thereafter at intervals not to exceed 8,000 flight hours 
or 48 months, whichever comes first.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Replacement

    (c) If any cracked or defective seat frame attach cap is found 
during any detailed inspection required by paragraph (b) of this AD, 
prior to further flight, replace the cap with a new cap in 
accordance with the applicable service bulletin.

Reporting Requirement

    (d) Although the service bulletins referenced in this AD specify 
to submit certain information to the manufacturer, this AD does not 
include such a requirement.

Alternative Methods of Compliance

    (e) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized 
to approve alternative methods of compliance (AMOCs) for this AD.

    Note 3: The subject of this AD is addressed in German 
airworthiness directive 2003-063, dated March 6, 2003, and German 
airworthiness directive 2003-072, dated March 6, 2003.


    Issued in Renton, Washington, on February 24, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-4924 Filed 3-4-04; 8:45 am]
BILLING CODE 4910-13-P