[Federal Register Volume 73, Number 138 (Thursday, July 17, 2008)]
[Rules and Regulations]
[Pages 40955-40958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15709]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0362; Directorate Identifier 2007-NM-308-AD; 
Amendment 39-15611; AD 2008-14-16]
RIN 2120-AA64


Airworthiness Directives; 328 Support Services GmbH Dornier Model 
328-100 and -300 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective August 21, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 21, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on March 27, 2008 (73 
FR 16219). That NPRM proposed 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.

    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)

[[Page 40956]]

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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. The commenter provided 
information on an incident that occurred on a Dornier Model 228 
airplane and asked for the procedure for reporting the incident to 
additional agencies so that appropriate action is taken. The 
applicability in the NPRM is for Dornier Model 328-100 and -300 
airplanes; therefore, the comment does not apply to this AD. The 
comment has been forwarded to the appropriate FAA office and will be 
addressed by that office accordingly.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 106 products of U.S. registry. 
We also estimate that it will take 38 work-hours per product to comply 
with the basic requirements of this AD. The average labor rate is $80 
per work-hour. Required parts will 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 parts. 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 this AD to the 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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 AD:
    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 AD and placed it in the AD docket.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-14-16 328 Support Services GmbH (Formerly AvCraft Aerospace 
GmbH formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt 
GmbH): Amendment 39-15611. Docket No. FAA-2008-0362; Directorate 
Identifier 2007-NM-308-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
21, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to 328 Support Services GmbH 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; 
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.

[[Page 40957]]

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 the Accomplishment Instructions of 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 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, Transport Airplane Directorate, 
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
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      Dornier Service Bulletin                      Dated
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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.
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Material Incorporated by Reference

    (i) You must use the service information specified in Table 2 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.

              Table 2.--Material Incorporated by Reference
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      Dornier Service Bulletin                      Dated
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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.
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    (Only the title page of these documents contains the revision 
level and date of the documents.)
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 328 
Support Services GmbH, P.O. Box 1252, D-82231 Wessling, Federal 
Republic of Germany.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 40958]]


    Issued in Renton, Washington, on June 26, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-15709 Filed 7-16-08; 8:45 am]
BILLING CODE 4910-13-P