[Federal Register Volume 63, Number 14 (Thursday, January 22, 1998)]
[Proposed Rules]
[Pages 3270-3271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1426]


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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).

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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 one-time 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.

[[Page 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.


Sec. 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