[Federal Register Volume 62, Number 50 (Friday, March 14, 1997)]
[Rules and Regulations]
[Pages 12081-12082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6262]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-117-AD; Amendment 39-9964; AD 97-06-07]
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.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Dornier Model 328-100 series airplanes, that 
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. This amendment is 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 this AD are intended to prevent the fasteners from 
failing, which could result in release of the seat restraint and 
consequent injury to passengers.

DATES: Effective April 18, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 18, 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 65494). That action proposed to require removal of the 
anchor point fasteners on Burns Aerospace Corporation commuter seat 
models JB6.8-1-22 and JB6.8-2-42 passenger seats. It proposed replacing 
the fasteners with new ones which will ensure that the restraining 
system for these seats is able to withstand the required 16g test load 
conditions.
    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 36 Dornier Model 328-100 airplanes of U.S. 
registry will be affected by this AD, that it will take approximately 1 
work hour per seat to accomplish the required actions, and that the 
average labor rate is $60 per work hour. There are normally 30 seats 
per airplane. Required parts will be provided by the manufacturer at no 
cost to operators. Based on these figures, the cost impact of the AD on 
U.S. operators is estimated to be $64,800, or $1,800 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

[[Page 12082]]

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:

97-06-07 Dornier: Amendment 39-9964. Docket 96-NM-117-AD.

    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; 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 anchor point fasteners on the seat 
restraining systems, which could result in release of the seat 
restraint and consequent injury to passengers, accomplish the 
following:
    (a) Within 60 days after the effective date of this AD, 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.

    Note 2: The Dornier service bulletin references Burns Aerospace 
Corporation Service Bulletin SB-25-20-989, Revision B, dated June 
14, 1995, as an additional source of procedural service information 
for replacement of the anchor point fasteners.

    (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. 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 18, 1997.

    Issued in Renton, Washington, on March 6, 1997.
Neil D. Schalekamp,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-6262 Filed 3-13-97; 8:45 am]
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