[Federal Register Volume 73, Number 60 (Thursday, March 27, 2008)]
[Proposed Rules]
[Pages 16219-16221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6296]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0362; Directorate Identifier 2007-NM-308-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    At least one incident has occurred where, immediately after 
take-off, the passenger door of a Dornier 328 completely opened. * * 
* Substantial damage to the door, handrails, door hinge arms and 
fuselage skin were found.
    * * * Although final proof could not be obtained, the most 
likely way in which the door opened was that the door handle was 
inadvertently operated during the take-off run.
* * * * *
    [T]his Airworthiness Directive (AD) aims to prevent further 
incidents of inadvertent opening and possible detachment of a 
passenger door in-flight, likely resulting in damage to airframe and 
systems and, under less favorable circumstances, loss of control of 
the aircraft.
* * * * *
The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 28, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0362; 
Directorate Identifier 2007-NM-308-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2007-0199, dated July 25, 2007 (corrected July 
26, 2007; referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    At least one incident has occurred where, immediately after 
take-off, the passenger door of a Dornier 328 completely opened. The 
flight crew reportedly had no cockpit indication or audible chime 
prior to this event. The aircraft returned to the departure airfield 
and made an uneventful emergency landing. Substantial damage to the 
door, handrails, door hinge arms and fuselage skin were found.

[[Page 16220]]

    The subsequent investigation could not find any deficiency in 
the design of the main cabin door locking mechanism. In addition, no 
technical failure could be determined that precipitated the event. 
The flight data recorder showed that the door was closed and locked 
before take-off and opened shortly afterward. Although final proof 
could not be obtained, the most likely way in which the door opened 
was that the door handle was inadvertently operated during the take-
off run.
    In response to the incident, AvCraft (the TC (type certificate) 
holder at the time) developed a placard set to warn the occupants 
against touching the door handle, as well as a structural 
modification of the passenger door hinge supports to make certain 
that the door does not separate from the aircraft when inadvertently 
opened during flight, allowing a safe descent and landing.
    Although the event described above did not prevent the flight 
crew from landing the aircraft safely, the condition of the aircraft 
immediately after the opening of the door has been determined to 
have been unsafe. [T]his Airworthiness Directive (AD) aims to 
prevent further incidents of inadvertent opening and possible 
detachment of a passenger door in-flight, likely resulting in damage 
to airframe and systems and, under less favorable circumstances, 
loss of control of the aircraft.
* * * * *
Corrective actions include installing warning placards on the doors, 
and doing a modification that includes replacing the hinge supports and 
support struts of the passenger doors with new, improved hinge supports 
and support struts. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    AvCraft Aerospace GmbH has issued the service information described 
in the following table.

                           Service Information
------------------------------------------------------------------------
   AvCraft Dornier  Service Bulletin                  Dated
------------------------------------------------------------------------
SB-328-11-454.........................  May 3, 2004.
SB-328-52-460.........................  February 4, 2005.
SB-328J-11-209........................  May 3, 2004.
SB-328J-52-213........................  February 4, 2005.
------------------------------------------------------------------------

The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 106 products of U.S. registry. We also estimate that 
it would take about 38 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $11,961 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
costs. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $1,590,106, or $15,001 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

328 Support Services GmbH (Formerly AvCraft Aerospace GmbH): Docket 
No. FAA-2008-0362; Directorate Identifier 2007-NM-308-AD.

Comments Due Date

    (a) We must receive comments by April 28, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dornier Model 328-100 airplanes, having 
serial numbers (S/Ns) 3005 through 3098, 3100, 3101, 3106, 3107, 
3109, 3110, 3112, 3113, 3115, 3117 and 3119;

[[Page 16221]]

and Model 328-300 airplanes, having S/Ns 3102, 3105, 3108, 3111, 
3114, 3116, 3118, and 3120 through 3224; certificated in any 
category.

Subject

    (d) Air Transport Association (ATA) of America Code 11: Placards 
and Markings; and Code 52: Doors.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    At least one incident has occurred where, immediately after 
take-off, the passenger door of a Dornier 328 completely opened. The 
flight crew reportedly had no cockpit indication or audible chime 
prior to this event. The aircraft returned to the departure airfield 
and made an uneventful emergency landing. Substantial damage to the 
door, handrails, door hinge arms and fuselage skin were found.
    The subsequent investigation could not find any deficiency in 
the design of the main cabin door locking mechanism. In addition, no 
technical failure could be determined that precipitated the event. 
The flight data recorder showed that the door was closed and locked 
before take-off and opened shortly afterward. Although final proof 
could not be obtained, the most likely way in which the door opened 
was that the door handle was inadvertently operated during the take-
off run.
    In response to the incident, AvCraft (the TC (type certificate) 
holder at the time) developed a placard set to warn the occupants 
against touching the door handle, as well as a structural 
modification of the passenger door hinge supports to make certain 
that the door does not separate from the aircraft when inadvertently 
opened during flight, allowing a safe descent and landing.
    Although the event described above did not prevent the flight 
crew from landing the aircraft safely, the condition of the aircraft 
immediately after the opening of the door has been determined to 
have been unsafe. [T]his Airworthiness Directive (AD) aims to 
prevent further incidents of inadvertent opening and possible 
detachment of a passenger door in-flight, likely resulting in damage 
to airframe and systems and, under less favorable circumstances, 
loss of control of the aircraft.
* * * * *
Corrective actions include installing warning placards on the doors, 
and doing a modification that includes replacing the hinge supports 
and support struts of the passenger doors with new, improved hinge 
supports and support struts.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 30 days after the effective date of this AD, install 
warning placards on the inside of the passenger door and service 
doors, in accordance with AvCraft Dornier Service Bulletin SB-328-
11-454 (for Model 328-100 airplanes) or SB-328J-11-209 (for Model 
328-300 airplanes), both dated May 3, 2004, as applicable.
    (2) Within 12 months after the effective date of this AD, modify 
the hinge supports and support struts of the passenger doors, in 
accordance with the Accomplishment Instructions of AvCraft Dornier 
Service Bulletin SB-328-52-460 (for Model 328-100 airplanes) or SB-
328J-52-213, (for Model 328-300 airplanes), both dated February 4, 
2005, as applicable.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-2125; fax (425) 227-1149. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2007-0199, dated July 25, 2007 (corrected 
July 26, 2007), and the service bulletins described in Table 1 of 
this AD, for related information.

                      Table 1.--Service Information
------------------------------------------------------------------------
   AvCraft Dornier  Service Bulletin                  Dated
------------------------------------------------------------------------
SB-328-11-454.........................  May 3, 2004.
SB-328-52-460.........................  February 4, 2005.
SB-328J-11-209........................  May 3, 2004.
SB-328J-52-213........................  February 4, 2005.
------------------------------------------------------------------------


    Issued in Renton, Washington, on March 20, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-6296 Filed 3-26-08; 8:45 am]
BILLING CODE 4910-13-P