3270 Federal Register / Vol. 63, No. 14 /Thursday, January 22, 1998 / Proposed Rules

(e) 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, Los

Angeles Aircraft Certification Office (ACO),

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, Los Angeles ACO.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(f) 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 January

14, 1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–1427 Filed 1–21–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–108–AD]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Dornier Model 328–100 series

airplanes. This proposal would require

a one-time inspection for discrepancies

of certain engine control cables, and

replacement of the cables with new or

serviceable control cables, if necessary.

It also would require modification of the

cable fairleads on the nose rib firewall.

Additionally, this proposal would

require modification of the mounting

brackets of the control cable pulleys in

the pulley box. This proposal is

prompted by issuance of mandatory

continuing airworthiness information by

a foreign civil airworthiness authority.

The actions specified by the proposed

AD are intended to prevent chafing of

engine control cables, which could

cause the cables to break and result in

loss of engine control and consequent

reduced controllability of the airplane.

DATES: Comments must be received by

February 23, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 97–NM–

108–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.

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

98055–4556, 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.

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–108–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–108–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Luftfahrt-Bundesamt (LBA),

which is the airworthiness authority for

Germany, notified the FAA that an

unsafe condition may exist on certain

Dornier Model 328–100 series airplanes.

The LBA advises that it received a

report indicating that, during routine

inspection, engine control cables were

found to be chafed in the area of the

cable fairleads on the nose rib firewall,

and in the area of the cable fairleads in

the fuselage. Such chafing, if not

corrected, could cause the cables to

break and result in loss of engine

control and consequent reduced

controllability of the airplane.

Explanation of Relevant Service

Information

Dornier has issued Service Bulletin

SB–328–76–152, dated May 6, 1996,

which describes procedures for a onetime inspection for chafing or

discrepancies of the engine control

cables in the area of the cable fairleads

on the nose rib firewall, and

replacement of the cables with new or

serviceable cables, if necessary.

Additionally, that service bulletin

describes procedures for modification of

these cable fairleads, which entails

removing the fairleads, enlarging the

bolt holes, and reworking the firewall.

In addition, Dornier also has issued

Service Bulletin SB–328–76–168, dated

May 6, 1996, which describes

procedures for a one-time inspection for

chafing or discrepancies of the engine

control cables in the area of the cable

fairleads in the fuselage, and

replacement of the cables with new or

serviceable cables, if necessary.

Additionally, that service bulletin

describes procedures for modification of

the mounting brackets of the control

cable pulleys in the pulley box, in order

to improve alignment of the control

cables in the area of the cable fairleads

in the fuselage.

Accomplishment of the actions

specified in the service bulletins is

intended to adequately address the

identified unsafe condition. The LBA

classified these service bulletins as

mandatory and issued German

airworthiness directives 96–288 and 96–

290, both dated October 10, 1996, in

order to assure the continued

airworthiness of these airplanes in

Germany.
Federal Register / Vol. 63, No. 14 /Thursday, January 22, 1998 / Proposed Rules 3271

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

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

accomplishment of the actions specified

in the service bulletins described

previously.

Cost Impact

The FAA estimates that 59 Dornier

Model 328–100 series airplanes of U.S.

registry would be affected by this

proposed AD.

The actions specified in Service

Bulletin SB–328–76–152 would be

required to be accomplished on 56

Dornier Model 328–100 series airplanes

of U.S. registry. It would take

approximately 4 work hours per

airplane to accomplish that action, at an

average labor rate of $60 per work hour.

Required parts would be provided by

the manufacturer at no cost to operators.

Based on these figures, the cost impact

of this action on the 56 affected U.S.-

registered airplanes is estimated to be

$13,440, or $240 per airplane.

The actions specified in Service

Bulletin SB–328–76–168 would be

required to be accomplished on 29

Dornier Model 328–100 series airplanes

of U.S. registry. It would take

approximately 12 work hours per

airplane to accomplish that action, at an

average labor rate of $60 per work hour.

Required parts would be provided by

the manufacturer at no cost to operators.

Based on these figures, the cost impact

of this action on the 29 affected U.S.-

registered airplanes is estimated to be

$20,880, or $720 per airplane.

The cost impact figures discussed

above are 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 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

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

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

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Dornier: Docket 97–NM–108–AD.

Applicability: Model 328–100 series

airplanes; as listed in Dornier Service

Bulletins SB–328–76–152 and SB–328–76–

168, both dated May 6, 1996; 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 (d) 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 chafing of engine control

cables, which could cause the control cables

to break and result in loss of engine control

and consequent reduced controllability of the

airplane, accomplish the following:

(a) Within 90 days after the effective date

of this AD, perform a one-time inspection to

detect chafing or discrepancies of the engine

control cables in the areas of the cable

fairleads on the nose rib firewall, and the

cable fairleads in the fuselage; in accordance

with Dornier Service Bulletins SB–328–76–

152 and SB–328–76–168, both dated May 6,

1996; respectively. If any discrepancy or

chafing is found, prior to further flight,

replace the damaged cables with new or

serviceable cables in accordance with the

applicable service bulletin.

(b) For airplanes listed in Dornier Service

Bulletin SB–328–76–152, dated May 6, 1996:

Prior to further flight following the

inspection required in paragraph (a) of this

AD, modify the cable fairleads on the nose

rib firewall in accordance with the service

bulletin.

(c) For airplanes listed in Dornier Service

Bulletin SB–328–76–168, dated May 6, 1996:

Prior to further flight following the

inspection required in paragraph (a) of this

AD, modify the mounting brackets of the

control cable pulleys in the pulley box in

accordance with the service bulletin.

(d) 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.

(e) 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.

Note 3: The subject of this AD is addressed

in German airworthiness directives 96–288

and 96–290, both dated October 10, 1996.

Issued in Renton, Washington, on January

14, 1998.

Gilbert L. Thompson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–1426 Filed 1–21–98; 8:45 am]

BILLING CODE 4910–13–U