[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Proposed Rules]
[Pages 50264-50266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25417]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-110-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 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 
series airplanes. This proposal would require a one-time inspection to 
determine if the rigging bushings in the rudder control system protrude 
above the surface of the flange in which they are installed, and 
replacement of any discrepant bushing with a new bushing. This proposal 
is prompted by the issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. The actions 
specified by the proposed AD are intended to prevent jamming in the 
rudder control system, and consequent reduced controllability of the 
airplane.

DATES: Comments must be received by October 21, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-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 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: Connie Beane, Aerospace Engineer,

[[Page 50265]]

Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2796; 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 97-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-103, Attention: Rules 
Docket No. 97-NM-110-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 series airplanes. The LBA advises that it 
received a report indicating that, during routine inspection, a rigging 
bushing in the rudder control system was found to protrude above the 
surface of the flange on which it was installed. This condition, if not 
corrected, could result in jamming in the rudder control system, and 
consequent reduced controllability of the airplane.

Explanation of Relevant Service Information

    Dornier has issued Alert Service Bulletin ASB-328-27-003, dated 
July 13, 1994, which describes procedures for performing a one-time 
visual inspection to determine if the rigging bushings in the rudder 
control system protrude above the surface of the flange in which they 
are installed, and replacement of any discrepant rigging bushing with a 
new bushing. Accomplishment of the actions specified in the alert 
service bulletin is intended to adequately address the identified 
unsafe condition. The LBA classified this alert service bulletin as 
mandatory and issued German airworthiness directive 96-176, dated June 
6, 1996, 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 require accomplishment of 
the actions specified in the alert service bulletin described 
previously.

Cost Impact

    The FAA estimates that 7 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 3 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 
$1,260, or $180 per airplane.
    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 97-NM-110-AD.

    Applicability: Model 328-100 airplanes, serial numbers 3005 
through 3014 inclusive, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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

[[Page 50266]]

owner/operator must request approval for an alternative method of 
compliance in accordance with paragraph (b) 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 jamming in the rudder control system, and consequent 
reduced controllability of the airplane, accomplish the following:
    (a) Within 30 days after the effective date of this AD, perform 
a one-time visual inspection to determine if the rigging bushings of 
the rudder control system protrude above the surface of the flange 
in which they are installed, in accordance with Dornier Alert 
Service Bulletin ASB-328-27-003, dated July 13, 1994. If any bushing 
protrudes by any amount above the surface of the flange, prior to 
further flight, replace the bushing with a new bushing, in 
accordance with the alert service bulletin.
    (b) 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, Standardization Branch, ANM-113, 
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, 
Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (c) 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 96-176, dated June 6, 1996.

    Issued in Renton, Washington, on September 19, 1997.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-25417 Filed 9-24-97; 8:45 am]
BILLING CODE 4910-13-U