[Federal Register Volume 63, Number 91 (Tuesday, May 12, 1998)]
[Proposed Rules]
[Pages 26112-26114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12510]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-123-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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[[Page 26113]]

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 visual 
inspection to detect cracking in the axle adapter of the shock absorber 
of the nose landing gear (NLG), and corrective actions, if necessary. 
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 correct 
cracking in the axle adapter of the shock absorber of the NLG, which 
could result in failure of the NLG and consequent damage to the 
airplane structure.

DATES: Comments must be received by June 11, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-123-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 98055-4056; 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.
    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 98-NM-123-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. 98-NM-123-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 an 
operator reported finding a crack in the axle adapter of the shock 
absorber in the nose landing gear (NLG) during a maintenance check. 
Investigation revealed that, in certain areas of the crack, there was a 
presence of dichromate, an orange-red chemical used in material 
processing for the purposes of resisting corrosion. This presence of 
dichromate indicates that at least part of the crack was present during 
the manufacturing cycle of the component. This condition, if not 
corrected, could result in cracks in the axle adapter of the shock 
absorber of the NLG, which could cause failure of the NLG and 
consequent damage to the airplane structure.

Explanation of Relevant Service Information

    The manufacturer has issued Dornier Service Bulletin SB-328-32-213, 
dated April 16, 1997, which describes procedures for a one-time visual 
inspection to detect cracking in the axle adapter of the shock absorber 
of the NLG, and corrective actions, if necessary. The corrective 
actions involve removal and replacement of the NLG shock absorber with 
a new or serviceable shock absorber if any cracking is detected in the 
axle adapter. The LBA classified this service bulletin as mandatory and 
issued German airworthiness directive 97-142, dated May 22, 1997, in 
order to assure the continued airworthiness of these airplanes in 
Germany.
    The Dornier service bulletin references Messier-Dowty Service 
Bulletin 800-32-027, dated May 7, 1997, as an additional source of 
service information to accomplish the inspection.

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 
actions specified in the Dornier service bulletin described previously.

Cost Impact

    The FAA estimates that 50 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 inspection, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the inspection proposed by this 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 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

[[Page 26114]]

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 Luftfahrt GMBH: Docket 98-NM-123-AD.

    Applicability: Model 328-100 series airplanes, equipped with 
nose landing gear (NLG) having serial below IL113; 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 (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 correct cracking in the axle adapter of the shock absorber of 
the NLG, which could cause failure of the NLG and consequent damage 
to the airplane structure, accomplish the following:
    (a) Within 300 flight hours after the effective date of this AD, 
perform a one-time visual inspection to detect cracking in the axle 
adapter of the NLG shock absorber, in accordance with Dornier 
Service Bulletin SB-328-32-213, dated April 16, 1997.
    (1) If no cracking is detected, no further action is required by 
this AD.
    (2) If any cracking is detected, prior to further flight, remove 
the NLG shock absorber and replace with a new or serviceable part, 
in accordance with the service bulletin.

    Note 2: Dornier Service Bulletin SB-328-32-213, dated April 16, 
1997, references Messier-Dowty Service Bulletin 800-32-027, dated 
May 7, 1997, as an additional source of service information to 
accomplish the inspection, removal, and repair.
    (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, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their request 
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.
    (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.

    Note 4: The subject of this AD is addressed in German 
airworthiness directive 97-142, dated May 22, 1997.

    Issued in Renton, Washington, on May 5, 1998.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-12510 Filed 5-11-98; 8:45 am]
BILLING CODE 4910-13-U