Airworthiness Directives; Dornier Model 328-100 Airplanes

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-171-AD; Amendment 39-9043; AD 94-21-02]

Airworthiness Directives; Dornier Model 328-100 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that

is applicable to all Dornier Model 328-100 airplanes. This action

requires repetitive tightening of the screws and quick-release

fasteners on the wing/body fairing panels. This amendment is prompted

by reports of loosened wing/body fairing panels. The actions specified

in this AD are intended to prevent structural damage to the horizontal

or vertical stabilizer and potential injury to persons on the ground

due to loosened wing/body fairing panels that may separate from the

airplane.

DATES: Effective October 26, 1994.

The incorporation by reference of certain publications listed in

the regulations is approved by the Director of the Federal Register as

of October 26, 1994.

Comments for inclusion in the Rules Docket must be received on or

before December 12, 1994.

ADDRESSES: Submit comments in triplicate to the Federal Aviation

Administration (FAA), Transport Airplane Directorate, ANM-103,

Attention: Rules Docket No. 94-NM-171-AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055-4056.

The service information referenced in this AD may be obtained from

Dornier Luftfahrt GmbH, P.O. Box 1103, D-82230 Wessling, Federal

Republic of Germany. This information may be examined 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.

FOR FURTHER INFORMATION CONTACT: Gary Lium, Aerospace Engineer,

Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)

227-1112; fax (206) 227-1320.

SUPPLEMENTARY INFORMATION: The Luftfahrt-Bundesamt (LBA), which is the

airworthiness authority for the Federal Republic of Germany, recently

notified the FAA that an unsafe condition may exist on all Dornier

Model 328-100 airplanes. The LBA advises that during flight testing,

prior to certification of Model 328-100 airplanes, the quick-release

(camlock) fasteners on the wing/body fairing panels were found to be

loose on several airplanes. In another instance, an operator of Model

328-100 airplanes reported that a loosened fairing panel separated from

an in-service airplane and struck an antenna on the empennage while the

airplane was in flight. Investigation into the cause of these loosened

panels revealed that the flex of the wing, coupled with the relative

motion between the fairing panel and its supporting structure, may have

caused the fasteners to back out. Such loosened fasteners may have

allowed air loads to pull the panel loose from its supports, which

resulted in the panel separating from the airplane. In addition, the

tightness of the fasteners may have compressed the relatively soft

material of the fairing panel, which may have contributed to the

loosening of the fasteners. This condition, if not corrected, could

result in structural damage to the horizontal or vertical stabilizer

and potential injury to persons on the ground due to loosened wing/body

fairing panels that may separate from the airplane.

Dornier has issued Alert Service Bulletin ASB-328-53-004, dated

August 2, 1994, which describes procedures for repetitive tightening of

the screws and quick-release fasteners on the wing/body fairing panels.

The LBA classified this alert service bulletin as highly recommended

and issued LBA Airworthiness Directive 94-009/3, dated September 8,

1994, in order to assure the continued airworthiness of these airplanes

in the Federal Republic of Germany.

This airplane model is manufactured in the Federal Republic of

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.

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, this AD is being issued to prevent structural

damage to the horizontal or vertical stabilizer and potential injury to

persons on the ground due to loosened wing/body fairing panels that may

separate from the airplane. This AD requires repetitive tightening of

the screws and quick-release fasteners on the wing/body fairing panels.

The actions are required to be accomplished in accordance with the

alert service bulletin described previously.

This is considered to be interim action. The manufacturer has

advised that it currently is developing a modification that will

positively address the unsafe condition addressed by this AD. Once this

modification is developed, approved, and available, the FAA may

consider additional rulemaking.

Since a situation exists that requires the immediate adoption of

this regulation, it is found that notice and opportunity for prior

public comment hereon are impracticable, and that good cause exists for

making this amendment effective in less than 30 days.

Comments Invited

Although this action is in the form of a final rule that involves

requirements affecting flight safety and, thus, was not preceded by

notice and an opportunity for public comment, comments are invited on

this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All

communications received on or before the closing date for comments will

be considered, and this rule may be amended in light of the comments

received. Factual information that supports the commenter's ideas and

suggestions is extremely helpful in evaluating the effectiveness of the

AD action and determining whether additional rulemaking action would be

needed.

Comments are specifically invited on the overall regulatory,

economic, environmental, and energy aspects of the rule that might

suggest a need to modify the 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 that

summarizes each FAA-public contact concerned with the substance of this

AD will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments

submitted in response to this rule must submit a self-addressed,

stamped postcard on which the following statement is made: ``Comments

to Docket Number 94-NM-171-AD.'' The postcard will be date stamped and

returned to the commenter.

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 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.

The FAA has determined that this regulation is an emergency

regulation that must be issued immediately to correct an unsafe

condition in aircraft, and that it is not a ``significant regulatory

action'' under Executive Order 12866. It has been determined further

that this action involves an emergency regulation under DOT Regulatory

Policies and Procedures (44 FR 11034, February 26, 1979). If it is

determined that this emergency regulation otherwise would be

significant under DOT Regulatory Policies and Procedures, a final

regulatory evaluation will be prepared and placed in the Rules Docket.

A copy of it, if filed, 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. App. 1354(a), 1421 and 1423; 49 U.S.C.

106(g); and 14 CFR 11.89.

Sec. 39.13 [Amended]

2. Section 39.13 is amended by adding the following new

airworthiness directive:

94-21-02 Dornier: Amendment 39-9043. Docket 94-NM-171-AD.

Applicability: All Model 328-100 airplanes, certificated in any

category.

Compliance: Required as indicated, unless accomplished

previously.

To prevent structural damage to the horizontal or vertical

stabilizer and potential injury to persons on the ground due to

loosened wing/body fairing panels that may separate from the

airplane, accomplish the following:

(a) Within 25 hours time-in-service after the effective date of

this AD, tighten the screws and quick-release fasteners on the wing/

body fairing panels, in accordance with Dornier Alert Service

Bulletin ASB-328-53-004, dated August 2, 1994. Repeat these

procedures thereafter at intervals not to exceed 100 hours time-in-

service.

Note 1: The proper torque values are specified in the alert

service bulletin.

(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 2: 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 tightening shall be done in accordance with Dornier

Alert Service Bulletin ASB-328-53-004, dated August 2, 1994,

including Figures 1 and 2 of Annex 1. 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, Federal Republic of 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 October 26, 1994.

Issued in Renton, Washington, on October 3, 1994.

S.R. Miller,

Acting Manager, Transport Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 94-24871 Filed 10-7-94; 8:45 am]

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