[Federal Register Volume 62, Number 39 (Thursday, February 27, 1997)]
[Rules and Regulations]
[Pages 8873-8875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4717]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-NM-116-AD; Amendment 39-9949; AD 97-05-05]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Dornier Model 328-100 series airplanes, that 
requires a

[[Page 8874]]

one-time check of the clearance between certain braces that connect the 
wings to the fuselage and the frame to which the top fairing is 
attached; and modification of the frame's Z-profile if the clearance is 
insufficient to prevent the braces from coming in contact with the 
frame. In addition, this amendment requires a one-time check of these 
braces to detect damage or wear; and repair, if necessary. This 
amendment is prompted by a report indicating that insufficient 
clearance between these braces and the frame could result in wear and 
consequent breaking of the braces. The actions specified by this AD are 
intended to prevent failure of these braces, which could result in 
unstable movement of the wings in relation to the fuselage and 
adversely affect the aerodynamic characteristics of the wings.

DATES: Effective April 3, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 3, 1997.

ADDRESSES: 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 Federal Aviation 
Administration (FAA), Transport Airplane Directorate, Rules Docket, 
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 (206) 
227-2796; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Dornier Model 328-100 
series airplanes was published in the Federal Register on December 13, 
1996 (61 FR 65492). That action proposed to require a check of the 
clearance between the diagonal braces on the left and right wings and 
the frame to which the top fairing is attached; and modification of the 
frame's Z-profile if there is not a certain minimum clearance between 
each brace and the frame. In addition, that action also proposed to 
require a check of these braces to detect damage or wear resulting from 
contact between each brace and the frame.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 5 Dornier Model 328-100 series airplanes of 
U.S. registry will be affected by this AD, that it will take 
approximately 4 work hours per airplane to accomplish the required 
actions, and that the average labor rate is $60 per work hour. Based on 
these figures, the cost impact of the AD on U.S. operators is estimated 
to be $1,200, or $240 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the 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 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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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:

97-05-05--Dornier: Amendment 39-9949. Docket 96-NM-116-AD.

    Applicability: Model 328-100 series airplanes having 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 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 failure of the diagonal braces that connect the left 
and right wings to the fuselage, which could result in unstable 
movement of the wings and adversely affect the aerodynamic 
characteristics of the wings, accomplish the following:
    (a) Within 90 days after the effective date of this AD, perform 
the actions required by paragraphs (a)(1) and (a)(2) of this AD.
    (1) Check the clearance between the diagonal braces that connect 
the left and right wings to the fuselage and the Z-profile of the 
frame to which the top fairing is attached, in accordance with 
Dornier Service Bulletin SB-328-53-051, dated August 16, 1994.
    (i) If the clearance meets or exceeds the minimum limits 
specified in the service bulletin, no further action is required by 
paragraph (a)(1) of this AD.
    (ii) If the clearance is less than the minimum limits specified 
in the service bulletin, prior to further flight, modify the Z-
profile of the frame to which the top fairing is attached, in 
accordance with the service bulletin.
    (2) Check each diagonal brace for damage or wear, in accordance 
with the service bulletin.
    (i) If no damage or wear is detected, no further action is 
required by paragraph
    (a)(2) of this AD.
    (ii) If any damage or wear is detected, prior to further flight, 
repair the diagonal brace in

[[Page 8875]]

accordance with a method approved by the Manager Standardization 
Branch, ANM-113, FAA, Transport Airplane Directorate.
    (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, 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.
    (d) The actions shall be done in accordance with Dornier Service 
Bulletin SB-328-53-051, dated August 16, 1994. 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 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.
    (e) This amendment becomes effective on April 3, 1997.

    Issued in Renton, Washington, on February 20, 1997.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-4717 Filed 2-26-97; 8:45 am]
BILLING CODE 4910-13-U