[Federal Register Volume 62, Number 222 (Tuesday, November 18, 1997)]
[Rules and Regulations]
[Pages 61434-61436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30103]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-284-AD; Amendment 39-10208; AD 97-24-01]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all Dornier Model 328-100 series airplanes. This 
action requires repetitive inspections to detect migration or damage of 
the bushings of the main landing gear (MLG) trailing arm, and 
replacement of any damaged or displaced bushing. This amendment is 
prompted by reports indicating that damagedor displaced bushings have 
been found on several MLG trailing arms of Dornier Model 328-100 series 
airplanes. The actions specified in this AD are intended to prevent 
failure of the bushings of the MLG trailing arm, which could result in 
collapse of the MLG during landing.

DATES: Effective December 3, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 3, 1997.
    Comments for inclusion in the Rules Docket must be received on or 
before December 18, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-284-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
Dornier Deutsche Aerospace, P.O. Box 1103, D-82230 Wessling, Federal 
Republic of 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: International Branch, ANM-116, FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056; telephone (425) 227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Luftfahrt-Bundesamt (LBA), which is the 
airworthiness authority for Germany, recently notified the FAA that an 
unsafe condition may exist on all Dornier Model 328-100 series 
airplanes. The LBA advises that fatigue damaged or displaced bushings 
have been found on several main landing gear (MLG) trailing arms. This 
condition, if not corrected, could result in collapse of the MLG during 
landing.

Explanation of Relevant Service Information

    Dornier has issued Alert Service Bulletin ASB-328-32-019, dated 
September 17, 1997, which describes procedures for repetitive visual 
inspections to detect damage or migration of the bushings of the MLG 
trailing arm, and replacement of any damaged or displaced bushing. The 
LBA advises that it considers this alert service bulletin to be 
mandatory, and that it is in the process of issuing a German 
airworthiness directive 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 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 is being issued to require accomplishment 
of the actions specified in the alert service bulletin described 
previously, except as discussed below.

[[Page 61435]]

Differences Between This AD and the Related Service Bulletin

    Operators should note that, unlike the procedures described in 
Dornier Alert Service Bulletin ASB-328-32-019, dated September 17, 
1997, this AD does not permit further flight if damage or migration of 
the bushings is found. The FAA has determined that, because of the 
safety implications and consequences associated with such damage, any 
bushing that is found to be damaged or displaced must be replaced prior 
to further flight.

Interim Action

    This AD is considered to be interim action until final action is 
identified, at which time the FAA may consider additional rulemaking.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, 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-284-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 adding the following new 
airworthiness directive:

97-24-01  DORNIER: Amendment 39-10208. Docket 97-NM-284-AD.

    Applicability: All Model 328-100 series airplanes, 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 (f) 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 failure of the bushings of the main landing gear 
(MLG) trailing arm, which could result in collapse of the MLG during 
landing, accomplish the following:
    (a) For airplanes that have accumulated 3,000 total flight hours 
or more as of the effective date of this AD: Within 7 days after the 
effective date of this AD, conduct an external visual inspection to 
detect damage or migration of the bushings of each MLG trailing arm, 
in accordance with Section 2.B(1) of Dornier Alert Service Bulletin 
ASB-328-32-019, dated September 17, 1997.
    (b) For airplanes that have accumulated less than 3,000 total 
flight hours as of the effective date of this AD: Prior to 
accumulation of 3,000 total flight hours, or within 300 flight hours 
after the effective date of this AD, whichever occurs later, conduct 
a detailed visual inspection to detect damage of the bushings of 
each MLG trailing arm, in accordance with Section 2.B(2) of Dornier 
Alert Service Bulletin ASB-328-32-019, dated September 17, 1997.
    (c) If no damage or migration is detected during the inspection 
required by paragraph (a) or (b) of this AD within 300 flight hours 
after the inspection, and thereafter at intervals not to exceed 300 
flight hours, conduct a detailed visual inspection to detect damage 
of the bushings of each MLG trailing arm, in accordance with Section 
2.B(2) of Dornier Alert Service Bulletin ASB-328-32-019, dated 
September 17, 1997.
    (d) If any damage or migration is detected during any inspection 
required by paragraph (a), (b), or (c) of this AD, prior to further 
flight, replace any affected bushing in accordance with Section 
2.B(2) of Dornier Alert Service Bulletin ASB-328-32-019, dated 
September 17, 1997. Thereafter, except as provided by paragraph (e) 
of this AD, continue to inspect the bushings in accordance with 
paragraph (c) of this AD.
    (e) For airplanes on which all bushings of both MLG trailing 
arms have been replaced in accordance with Dornier Alert Service 
Bulletin ASB-328-32-019, dated September

[[Page 61436]]

17, 1997: Within 3,000 flight hours after replacement of the 
bushings, and thereafter at intervals not to exceed 300 flight 
hours, inspect the new bushings in accordance with paragraph (c) of 
this AD.
    (f) 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, International Branch, ANM-116, 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, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (g) 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.
    (h) The inspection and replacement shall be done in accordance 
with Dornier Alert Service Bulletin ASB-328-32-019, dated September 
17, 1997. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from Dornier Deutsche 
Aerospace, P.O. Box 1103, D-82230 Wessling, Federal Republic of 
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.
    (i) This amendment becomes effective on December 3, 1997.

    Issued in Renton, Washington, on November 10, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-30103 Filed 11-17-97; 8:45 am]
BILLING CODE 4910-13-U