[Federal Register Volume 65, Number 201 (Tuesday, October 17, 2000)]
[Proposed Rules]
[Pages 61287-61289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26594]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-201-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 all Dornier Model 328-100 series 
airplanes. This proposal would require revising the Airworthiness 
Limitations Section of the Instructions for Continued Airworthiness to 
incorporate life limits for certain items and inspections to detect 
fatigue cracking in certain structures. This proposal is prompted by 
issuance of new revisions to the Dornier 328 Airworthiness Limitations 
Document. The actions specified by the proposed AD are intended to 
ensure that fatigue cracking of certain structural elements is detected 
and corrected; such fatigue cracking could adversely affect the 
structural integrity of these airplanes.

DATES: Comments must be received by November 16, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 97-NM-201-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. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
<a href="/cdn-cgi/l/email-protection#172e3a76797a3a7967657a74787a7a7279635771767639707861"><span class="__cf_email__" data-cfemail="0e37236f606323607e7c636d6163636b607a4e686f6f20696178">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 97-NM-201-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Fairchild Dornier, 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: Norman B. Martenson, Manager, 
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:

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.
    Submit comments using the following format:
    <bullet> Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    <bullet> For each issue, state what specific change to the proposed 
AD is being requested.
    <bullet> Include justification (e.g., reasons or data) for each 
request.
    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-201-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-114, Attention: Rules 
Docket No. 97-NM-201-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, has notified the FAA that a new Revision 13 of the Dornier 
328 Airworthiness Limitations Document (ALD), and new Temporary 
Revisions (TR's) to the ALD have been issued. [The FAA refers to the 
information included in Revision 13 of the ALD and in the new TR 
documents as the Airworthiness Limitations Section (ALS).] These new 
revisions to the ALD and TR documents affect all Dornier Model 328-100 
series airplanes. These new revisions provide mandatory replacement 
times and structural inspection intervals approved under section 25.571 
of the Joint Aviation Requirements and the Federal Aviation Regulations 
(14 CFR 25.571). As airplanes gain service experience, or as results of 
post-certification testing and evaluation are obtained, it may become 
necessary to add additional life limits or structural inspections in 
order to ensure the continued structural integrity of the airplane.
    The LBA advises that compliance with the tasks, intervals, and life 
limits specified in Revision 13 of the ALD and in the TR documents is 
required to ensure continuing compliance with the airworthiness 
standards of the type

[[Page 61288]]

approval/type certification for Dornier Model 328 series airplanes. In 
addition, the LBA advises that certain life limits must be imposed for 
various components on these airplanes to preclude the onset of fatigue 
cracking in those components. Such fatigue cracking, if not corrected, 
could adversely affect the structural integrity of these airplanes.

Explanation of Relevant Service Information

    Dornier has issued Dornier 328 Airworthiness Limitations Document, 
TM-ALD-010693-ALL, Revision 13, dated July 25, 1997, and a number of TR 
documents to amend certain sections of the ALD. Paragraph (a) of this 
AD includes a table that lists the TR documents and dates of issue. 
These documents include the following:
    1. Life limit times for certain structural components, or other 
components or equipment.
    2. Structural inspection times to detect fatigue cracking of 
certain Structural Significant Items (SSI).
    Revision 13 of the ALD, and the TR documents, describe new 
inspections and compliance times for inspection and replacement 
actions. Accomplishment of the actions specified in those documents 
will preclude the onset of fatigue cracking of certain structural 
elements of the airplane.
    The LBA has approved the previously referenced ALD and TR documents 
to assure the continued airworthiness of these airplanes in Germany. 
The LBA has not issued a corresponding airworthiness directive, 
although accomplishment of the additional life limits and structural 
inspections contained in the document described previously may be 
considered mandatory for operators of these airplanes in Germany.

FAA's Conclusions

    The FAA has reviewed the previously referenced ALD and TR 
documents, and all available information, and has determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States. Pursuant to this 
bilateral airworthiness agreement, the LBA has kept the FAA informed of 
the situation described above. These airplane models are manufactured 
in Germany and are 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. The FAA has determined that the previously referenced ALD 
and corresponding TR's must be incorporated into the ALS of the 
Instructions for Continued Airworthiness.

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 revising the ALS of 
the Instructions for Continued Airworthiness to incorporate life limits 
for certain items and inspections to detect fatigue cracking in certain 
structures that are specified in the previously referenced ALD and TR 
documents.

Explanation of Action Taken by the FAA

    In accordance with airworthiness standards requiring ``damage 
tolerance assessments'' for transport category airplanes [section 
25.1529 of the Federal Aviation Regulations (14 CFR 25.1529), and the 
Appendices referenced in that section], all products certificated to 
comply with that section must have Instructions for Continued 
Airworthiness (or, for some products, maintenance manuals) that include 
an ALS. That section must set forth:
    <bullet> Mandatory replacement times for structural components,
    <bullet> Structural inspection intervals, and
    <bullet> Related approved structural inspection procedures 
necessary to show compliance with the damage-tolerance requirements.
    Compliance with the terms specified in the ALS is required by 
sections 43.16 (for persons maintaining products) and 91.403 (for 
operators) of the Federal Aviation Regulations (14 CFR 43.16 and 
91.403).
    In order to require compliance with these inspection intervals and 
life limits, the FAA must engage in rulemaking, namely the issuance of 
an AD. For products certificated to comply with the referenced part 25 
requirements, it is within the authority of the FAA to issue an AD 
requiring a revision to the ALS that includes reduced life limits, or 
new or different structural inspection requirements. These revisions 
then are mandatory for operators under section 91.403(c) of the Federal 
Aviation Regulations (14 CFR 91.403), which prohibits operation of an 
airplane for which airworthiness limitations have been issued unless 
the inspection intervals specified in those limitations have been 
complied with.
    After that document is revised, as required, and the AD has been 
fully complied with, the life limit or structural inspection change 
remains enforceable as a part of the airworthiness limitations. (This 
is analogous to AD's that require changes to the Limitations Section of 
the Airplane Flight Manual.)
    Requiring a revision of the airworthiness limitations, rather than 
requiring individual inspections, is advantageous for operators because 
it allows them to record AD compliance status only once--at the time 
they make the revision--rather than after every inspection. It also has 
the advantage of keeping all airworthiness limitations, whether imposed 
by original certification or by AD, in one place within the operator's 
maintenance program, thereby reducing the risk of non-compliance 
because of oversight or confusion.

Cost Impact

    The FAA estimates that 50 Dornier Model 328-100 series airplanes of 
U.S. registry would be affected by this proposed AD, that it would take 
approximately 1 work hour 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 $3,000, or $60 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 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    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

[[Page 61289]]

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 Luftfahrt GMBH: Docket 97-NM-201-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 
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 (c) 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 ensure continued structural integrity of these airplanes, 
accomplish the following:

Airworthiness Limitations Revision

    (a) Within 30 days after the effective date of this AD, revise 
the Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness by incorporating Revision 13 of the Dornier 
328 Airworthiness Limitations Document (ALD), TM-ALD-010693-ALL, 
dated July 25, 1997, and the Temporary Revision (TR) documents 
listed in the following table into the Airworthiness Limitations 
Section (ALS):

------------------------------------------------------------------------
                 TR Number                          Date of issue
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TR ALD-042................................  January 31, 1997.
TR ALD-048................................  May 12, 1998.
TR ALD-050................................  October 2, 1997.
TR ALD-052................................  December 11, 1997.
TR ALD-053................................  April 29, 1998.
TR ALD-054................................  May 12, 1998.
TR ALD-055................................  May 26, 1998.
TR ALD-056................................  July 22, 1998.
TR ALD-057................................  October 23, 1998.
TR ALD-059................................  December 11, 1998.
TR ALD-062................................  May 18, 1999.
TR ALD-063................................  August 10, 1999.
TR ALD-064................................  October 10, 1999.
TR ALD-065................................  November 26, 1999.
TR ALD-067................................  February 7, 2000.
TR ALD-068................................  February 4, 2000.
TR ALD-070................................  May 25, 2000.
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    Note 2: When the TR documents have been incorporated into the 
latest issue of the general revisions of the ALD, the general 
revisions may be incorporated into the ALS, provided that the 
information contained in the general revisions is identical to that 
specified in the TR documents.

    (b) Except as provided in paragraph (c) of this AD: After the 
actions specified in paragraph (a) of this AD have been 
accomplished, no alternative inspections or inspection intervals may 
be approved for the structural elements specified in the documents 
listed in paragraph (a) of this AD.

Alternative Methods of Compliance

    (c) 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (d) 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.

    Issued in Renton, Washington, on October 11, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-26594 Filed 10-16-00; 8:45 am]
BILLING CODE 4910-13-P


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