[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Rules and Regulations]
[Pages 56056-56058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28573]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-84-AD; Amendment 39-10178; AD 97-06-07 R1]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes 
Equipped With Burns Aerospace Corporation Passenger Seats

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment revises an existing airworthiness directive 
(AD), applicable to certain Dornier Model 328-100 series airplanes, 
that currently requires modification of the restraining systems of 
certain passenger seats by replacing anchor point fasteners with 
fasteners that are able to withstand required 16g load conditions. That 
AD was prompted by a report indicating that the restraining systems on 
these seats failed to meet 16g test load requirements during dynamic 
testing. The actions specified by that AD are intended to prevent the 
fasteners from failing, which could result in release of the seat 
restraint and consequent injury to passengers. This amendment revises 
the applicability of the existing AD to specify serial numbers of the 
affected passenger seats.

DATES: Effective November 13, 1997.
    The incorporation by reference of Dornier Service Bulletin SB-328-
25-114, Revision 1, dated April 17, 1997, as listed in the regulations, 
is approved by the Director of the Federal Register as of November 13, 
1997.
    The incorporation by reference of Dornier Service Bulletin SB-328-
25-114, dated July 10, 1995, as listed in the regulations, was approved 
previously by the Director of the Federal Register as of April 18, 1997 
(62 FR 12081, March 14, 1997).
    Comments for inclusion in the Rules Docket must be received on or 
before November 28, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-84-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    The service information referenced in this AD 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; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Connie Beane, Aerospace Engineer, 
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: On March 6, 1997, the FAA issued AD 97-06-
07, amendment 39-9964 (62 FR 12081, March 14, 1997), applicable to 
certain Dornier Model 328-100 series airplanes, to require modification 
of the restraining systems on certain passenger seats by replacing the 
anchor point fasteners with new fasteners that are able to withstand 
the required 16g load conditions. That action was prompted by a report 
indicating that the restraining systems on these seats failed to meet 
16g test load requirements during dynamic testing. The requirements of 
that AD are intended to prevent the fasteners from failing, which

[[Page 56057]]

could result in release of the seat restraint and consequent injury to 
passengers.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, Dornier has issued Service Bulletin 
SB-328-25-114, Revision 1, dated April 17, 1997. The modification 
procedures described in this revision are identical to those described 
in the original version of the service bulletin (which was referenced 
in AD 97-06-07 as the appropriate source of service information for 
accomplishment of the modification). The only change made by Revision 1 
is to limit the effectivity to airplanes on which seats with specific 
serial numbers are installed. Seats with later serial numbers have been 
modified in production. The Luftfahrt-Bundesamt (LBA), which is the 
airworthiness authority for Germany, classified this service bulletin 
as mandatory in order to assure the continued airworthiness of these 
airplanes in Germany.

FAA's Findings

    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 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, this AD revises AD 97-06-07 to continue to 
require modification of the restraining systems on certain passenger 
seats installed on Dornier Model 328-100 series airplanes. This AD also 
revises the applicability of the existing AD to specify serial numbers 
of the affected passenger seats.

Determination of Rule's Effective Date

    As with all AD's, AD 97-06-07 requires accomplishment of certain 
actions ``unless accomplished previously.'' For the airplanes that are 
excluded from the applicability of this AD by this revision, the 
required actions have been ``accomplished previously'' during 
production, and this revision simply identifies explicitly those 
airplanes on which no further action is required. Consequently, this 
revision makes no substantive change to the requirements of the 
existing AD. For this reason, it is found that the notice and 
opportunity for prior public comment hereon for this action are 
unnecessary, and that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 97-NM-84-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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 removing amendment 39-9964 (62 FR 
12081, arch 14, 1997), and by adding a new airworthiness directive 
(AD), amendment 39-10178, to read as follows:

97-06-07  R1 Dornier: Amendment 39-10178. Docket 97-NM-84-AD. 
Revises AD 97-06-07, Amendment 39-9964.

    Applicability: Model 328-100 series airplanes equipped with 
Burns Aerospace Corporation commuter seat models JB6.8-1-22 and 
JB6.8-2-42 passenger seats having serial numbers up to and including 
384616; 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 owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD.

[[Page 56058]]

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 anchor point fasteners on the seat 
restraining system, which could result in release of the seat 
restraint and consequent injury to passengers, accomplish the 
following:
    (a) Within 60 days after April 18, 1997 (the effective date of 
AD 97-06-07, amendment 39-9964), replace each anchor point fastener 
on the restraining system of each seat with a fastener of improved 
design, in accordance with Dornier Service Bulletin SB-328-25-114, 
dated July 10, 1995, or Revision 1, dated April 17, 1997.

    Note 2: The referenced Dornier service bulletin refers to Burns 
Aerospace Corporation Service Bulletin 25-20-989, Revision B, dated 
June 14, 1995, or Revision D, dated August 25, 1995, as an 
additional source of service information for identifying the 
affected seats and replacing the anchor point fasteners on their 
restraining systems.

    (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 3: 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.
    (d) The replacement shall be done in accordance with Dornier 
Service Bulletin
    SB-328-25-114, dated July 10, 1995, or Dornier Service Bulletin 
SB-328-25-114, Revision 1, dated April 17, 1997.
    (1) The incorporation by reference of Dornier Service Bulletin 
SB-328-25-114, Revision 1, dated April 17, 1997, is approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51.
    (2) The incorporation by reference of Dornier Service Bulletin 
SB-328-25-114, dated July 10, 1995, was approved previously by the 
Director of the Federal Register as of April 18, 1997 (62 FR 12081, 
March 14, 1997).
    (3) Copies may be obtained from Dornier Luftfahrt GmbH, P.O. Box 
1103, D-82230 Wessling, Germany. Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

    Note 4: The subject of this AD is addressed in German 
airworthiness directive 95-240/2, dated August 10, 1995.

    (e) This amendment becomes effective on November 13, 1997.

    Issued in Renton, Washington, on October 21, 1997.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-28573 Filed 10-28-97; 8:45 am]
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