Airworthiness Directives; 328 Support Services GmbH Dornier Model 328-100 and -300 Airplanes, 40955-40958 [E8-15709]
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Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations
Applicability
(c) This AD applies to Boeing Model 747–
400 and 747–400D series airplanes,
certificated in any category; as identified in
Boeing Special Attention Service Bulletin
747–24–2257, Revision 1, dated August 2,
2007.
Unsafe Condition
(d) This AD results from a report that the
power feeder wire bundle of the auxiliary
power unit (APU) was found touching the
hydraulic system return tube during
inspection of an airplane. We are issuing this
AD to prevent insufficient clearance between
the wire bundle and hydraulic tube that
could lead to chafing of the wire bundle,
which could cause arcing and a consequent
hydraulic fluid fire in an area outside of the
smoke detection and fire extinguishing zone;
this condition could result in an
uncontrolled fire on the airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Inspection and Related Investigative and
Corrective Actions
(f) Within 24 months after the effective
date of this AD, do a general visual
inspection of the power feeder wire bundle
of the APU where it crosses the hydraulic
system 4 return tube to determine if parts are
installed to provide separation between the
wire bundle and hydraulic tube, and do all
the related investigative and corrective
actions as applicable, by accomplishing all of
the actions specified in the Accomplishment
Instructions of Boeing Special Attention
Service Bulletin 747–24–2257, Revision 1,
dated August 2, 2007. The related
investigative and corrective actions must be
accomplished before further flight after the
inspection.
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Credit for Actions Done According to
Previous Issue of Service Bulletin
(g) Actions done before the effective date
of this AD in accordance with Boeing Special
Attention Service Bulletin 747–24–2257,
dated May 18, 2006, are acceptable for
compliance with the corresponding
requirements of paragraph (f) of this AD.
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, Seattle Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(i) You must use Boeing Special Attention
Service Bulletin 747–24–2257, Revision 1,
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18:28 Jul 16, 2008
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dated August 2, 2007, to do the actions
required by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207.
(3) You may review copies of the service
information incorporated by reference at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or at
the National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on June 27,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–15710 Filed 7–16–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0362; Directorate
Identifier 2007–NM–308–AD; Amendment
39–15611; AD 2008–14–16]
RIN 2120-AA64
Airworthiness Directives; 328 Support
Services GmbH Dornier Model 328–100
and –300 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
At least one incident has occurred where,
immediately after take-off, the passenger door
of a Dornier 328 completely opened. * * *
Substantial damage to the door, handrails,
door hinge arms and fuselage skin were
found.
* * * Although final proof could not be
obtained, the most likely way in which the
door opened was that the door handle was
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40955
inadvertently operated during the take-off
run.
*
*
*
*
*
[T]his Airworthiness Directive (AD) aims
to prevent further incidents of inadvertent
opening and possible detachment of a
passenger door in-flight, likely resulting in
damage to airframe and systems and, under
less favorable circumstances, loss of control
of the aircraft.
*
*
*
*
*
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
August 21, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of August 21, 2008.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2125; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on March 27, 2008 (73 FR
16219). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
At least one incident has occurred where,
immediately after take-off, the passenger door
of a Dornier 328 completely opened. The
flight crew reportedly had no cockpit
indication or audible chime prior to this
event. The aircraft returned to the departure
airfield and made an uneventful emergency
landing. Substantial damage to the door,
handrails, door hinge arms and fuselage skin
were found.
The subsequent investigation could not
find any deficiency in the design of the main
cabin door locking mechanism. In addition,
no technical failure could be determined that
precipitated the event. The flight data
recorder showed that the door was closed
and locked before take-off and opened
shortly afterward. Although final proof could
not be obtained, the most likely way in
which the door opened was that the door
handle was inadvertently operated during the
take-off run.
In response to the incident, AvCraft (the
TC (type certificate) holder at the time)
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Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations
developed a placard set to warn the
occupants against touching the door handle,
as well as a structural modification of the
passenger door hinge supports to make
certain that the door does not separate from
the aircraft when inadvertently opened
during flight, allowing a safe descent and
landing.
Although the event described above did
not prevent the flight crew from landing the
aircraft safely, the condition of the aircraft
immediately after the opening of the door has
been determined to have been unsafe. [T]his
Airworthiness Directive (AD) aims to prevent
further incidents of inadvertent opening and
possible detachment of a passenger door inflight, likely resulting in damage to airframe
and systems and, under less favorable
circumstances, loss of control of the aircraft.
*
*
*
*
*
Corrective actions include installing
warning placards on the doors, and
doing a modification that includes
replacing the hinge supports and
support struts of the passenger doors
with new, improved hinge supports and
support struts. You may obtain further
information by examining the MCAI in
the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comment received. The
commenter provided information on an
incident that occurred on a Dornier
Model 228 airplane and asked for the
procedure for reporting the incident to
additional agencies so that appropriate
action is taken. The applicability in the
NPRM is for Dornier Model 328–100
and –300 airplanes; therefore, the
comment does not apply to this AD. The
comment has been forwarded to the
appropriate FAA office and will be
addressed by that office accordingly.
Conclusion
We reviewed the available data,
including the comment received, and
determined that air safety and the
public interest require adopting the AD
as proposed.
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Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow our FAA
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18:28 Jul 16, 2008
Jkt 214001
policies. Any such differences are
highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect
106 products of U.S. registry. We also
estimate that it will take 38 work-hours
per product to comply with the basic
requirements of this AD. The average
labor rate is $80 per work-hour.
Required parts will cost about $11,961
per product. Where the service
information lists required parts costs
that are covered under warranty, we
have assumed that there will be no
charge for these parts. As we do not
control warranty coverage for affected
parties, some parties may incur costs
higher than estimated here. Based on
these figures, we estimate the cost of
this AD to the U.S. operators to be
$1,590,106, or $15,001 per product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect 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.
For the reasons discussed above, I
certify this AD:
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. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
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under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains the NPRM, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office (telephone
(800) 647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2008–14–16 328 Support Services GmbH
(Formerly AvCraft Aerospace GmbH
formerly Fairchild Dornier GmbH,
formerly Dornier Luftfahrt GmbH):
Amendment 39–15611. Docket No.
FAA–2008–0362; Directorate Identifier
2007–NM–308–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective August 21, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 328 Support
Services GmbH Dornier Model 328–100
airplanes, having serial numbers (S/Ns) 3005
through 3098, 3100, 3101, 3106, 3107, 3109,
3110, 3112, 3113, 3115, 3117 and 3119; and
Model 328–300 airplanes, having S/Ns 3102,
3105, 3108, 3111, 3114, 3116, 3118, and 3120
through 3224; certificated in any category.
Subject
(d) Air Transport Association (ATA) of
America Code 11: Placards and Markings;
and Code 52: Doors.
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Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
At least one incident has occurred where,
immediately after take-off, the passenger door
of a Dornier 328 completely opened. The
flight crew reportedly had no cockpit
indication or audible chime prior to this
event. The aircraft returned to the departure
airfield and made an uneventful emergency
landing. Substantial damage to the door,
handrails, door hinge arms and fuselage skin
were found.
The subsequent investigation could not
find any deficiency in the design of the main
cabin door locking mechanism. In addition,
no technical failure could be determined that
precipitated the event. The flight data
recorder showed that the door was closed
and locked before take-off and opened
shortly afterward. Although final proof could
not be obtained, the most likely way in
which the door opened was that the door
handle was inadvertently operated during the
take-off run.
In response to the incident, AvCraft (the
TC (type certificate) holder at the time)
developed a placard set to warn the
occupants against touching the door handle,
as well as a structural modification of the
passenger door hinge supports to make
certain that the door does not separate from
the aircraft when inadvertently opened
during flight, allowing a safe descent and
landing.
Although the event described above did
not prevent the flight crew from landing the
aircraft safely, the condition of the aircraft
immediately after the opening of the door has
been determined to have been unsafe. [T]his
Airworthiness Directive (AD) aims to prevent
further incidents of inadvertent opening and
possible detachment of a passenger door inflight, likely resulting in damage to airframe
and systems and, under less favorable
circumstances, loss of control of the aircraft.
*
*
*
*
*
Corrective actions include installing warning
placards on the doors, and doing a
modification that includes replacing the
hinge supports and support struts of the
passenger doors with new, improved hinge
supports and support struts.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 30 days after the effective date
of this AD, install warning placards on the
inside of the passenger door and service
doors, in accordance with the
Accomplishment Instructions of Dornier
Service Bulletin SB–328–11–454 (for Model
328–100 airplanes) or SB–328J–11–209 (for
Model 328–300 airplanes), both dated May 3,
2004, as applicable.
(2) Within 12 months after the effective
date of this AD, modify the hinge supports
and support struts of the passenger doors, in
accordance with the Accomplishment
Instructions of Dornier Service Bulletin SB–
328–52–460 (for Model 328–100 airplanes) or
SB–328J–52–213, (for Model 328–300
airplanes), both dated February 4, 2005, as
applicable.
FAA AD Differences
Note: This AD differs from the MCAI and/
or service information as follows:
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, FAA, Transport Airplane
Directorate, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send
information to ATTN: Dan Rodina,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–2125; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to MCAI European Aviation
Safety Agency (EASA) Airworthiness
Directive 2007–0199, dated July 25, 2007
(corrected July 26, 2007), and the service
bulletins described in Table 1 of this AD, for
related information.
TABLE 1.—SERVICE INFORMATION
Dornier Service Bulletin
Dated
SB–328–11–454 ....................................................................................................................................................................
SB–328–52–460 ....................................................................................................................................................................
SB–328J–11–209 ...................................................................................................................................................................
SB–328J–52–213 ...................................................................................................................................................................
Material Incorporated by Reference
(i) You must use the service information
specified in Table 2 of this AD to do the
May 3, 2004.
February 4, 2005.
May 3, 2004.
February 4, 2005.
actions required by this AD, unless the AD
specifies otherwise.
TABLE 2.—MATERIAL INCORPORATED BY REFERENCE
Dornier Service Bulletin
Dated
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SB–328–11–454 ....................................................................................................................................................................
SB–328–52–460 ....................................................................................................................................................................
SB–328J–11–209 ...................................................................................................................................................................
SB–328J–52–213 ...................................................................................................................................................................
(Only the title page of these documents
contains the revision level and date of the
documents.)
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
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18:28 Jul 16, 2008
Jkt 214001
(2) For service information identified in
this AD, contact 328 Support Services GmbH,
P.O. Box 1252, D–82231 Wessling, Federal
Republic of Germany.
(3) You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the
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May 3, 2004.
February 4, 2005.
May 3, 2004.
February 4, 2005.
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations
Issued in Renton, Washington, on June 26,
2008.
Dionne Palermo,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–15709 Filed 7–16–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0232; Directorate
Identifier 2007–NM–309–AD; Amendment
39–15612; AD 2008–14–17]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A330–200 and A340–300 Series
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
rwilkins on PROD1PC63 with RULES
During fatigue tests (EF3) on the A340–600,
multiple damage were found in the upper
side shell structure at skin and frame (FR) 84
& 85 interface, from stringer 6 to 15 LH/RH.
This damage occurred between 58,341 and
72,891 simulated Flight Cycles (FC).
Due to the higher Design Service Goal and
different design (e.g. skin thickness) for
A330–200 and A340–300 aircraft series, the
damage assessment concluded on [a]
potential impact on these aircraft series.
*
*
*
*
*
The unsafe condition is loss of integrity
of the upper shell structure of the
fuselage. We are issuing this AD to
require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective
August 21, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of August 21, 2008.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue, SE.,
Washington, DC.
VerDate Aug<31>2005
18:28 Jul 16, 2008
Jkt 214001
FOR FURTHER INFORMATION CONTACT:
Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1138; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on March 3, 2008 (73 FR
11364). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
During fatigue tests (EF3) on the A340–600,
multiple damage were found in the upper
side shell structure at skin and frame (FR) 84
& 85 interface, from stringer 6 to 15 LH/RH.
This damage occurred between 58,341 and
72,891 simulated Flight Cycles (FC).
Due to the higher Design Service Goal and
different design (e.g. skin thickness) for
A330–200 and A340–300 aircraft series, the
damage assessment concluded on [a]
potential impact on these aircraft series.
In order to allow early detection of cracks
which could avoid possible crack
propagation and consequently to maintain
the structural integrity of the upper side shell
structure between FR84 and FR87, this
Airworthiness Directive (AD) mandates an
inspection program of this area [for cracking]
using a high frequency eddy current (HFEC)
method and a modification to improve the
upper shell structure.
This Revision 1 is issued to clarify that this
AD is not applicable to aircraft A340–300
series on which both AIRBUS modifications
44205 and 45012 have been embodied in
production.
The unsafe condition is loss of integrity
of the upper shell structure of the
fuselage between FR84 and FR87.
Corrective actions include contacting
Airbus and repairing any crack. You
may obtain further information by
examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request To Remove Reference to
Modification
Air Transport Association (ATA) on
behalf of its member Northwest Airlines
(NWA), requests that we remove the
reference to Airbus Modification (Mod.)
44205 from paragraph (c),
‘‘Applicability,’’ of the NPRM. The
commenters explain that Mod. 44205
defines common structure for Section
19. Mod. 45012, which is in paragraph
(f)(1) of the NPRM, modifies the Section
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Sfmt 4700
19 upper side shell on A330–200 series
airplanes.
We disagree. Cracks can develop on
this area of Section 19 that affect basic
airplanes fitted with the same features
(i.e., post-Mod. 44205). For Model
A340–300 series airplanes, Mod. 45012
addresses the unsafe condition.
Therefore, only Model A340–300 series
airplanes on which both Mod. 44205
and 45012 have been done in
production are exempt. Analysis further
to these findings established that
cracking would also affect airplanes
post-Mod. 45012 on Model A330–200
series airplanes. The mandated action
separates pre- or post-Mod. 45012, as
specified in paragraphs (f)(1) and (f)(2)
of this AD. We have made no change to
the AD in this regard.
Request To Exclude Certain Airplanes
The same commenters request that we
exclude from paragraph (f)(1) and Table
1 of the NPRM airplanes that have Mod.
52974 or 53223 embodied. The
commenters explain that paragraph (c)
excludes these airplanes, but paragraph
(f)(1) and Table 1 do not exclude them.
Without the exclusion, four more NWA
airplanes are affected by the AD.
We disagree. Paragraph (f)(1), which
includes Table 1, refers to paragraph (c)
where the two modifications are listed
as exclusions. There is no need to
exclude the airplanes again in paragraph
(f)(1) or Table 1 of the AD. We have
made no change to the AD in this
regard.
Request To Move ‘‘Before Further
Flight’’ Requirement
The same commenters request that we
move the requirement to ‘‘Do all
applicable corrective actions before
further flight’’ from paragraph (f)(1) of
the NPRM to the ‘‘Threshold’’ column of
Table 1 of the NPRM. The commenters
explain that moving this statement
would make it clear that corrective
action is required at the time of the
mandated inspection thresholds and not
before.
We disagree. Paragraph (f)(1)(i) of this
AD, which includes Table 1, gives
thresholds for doing the HFEC
inspection. Paragraph (f)(1)(ii) of this
AD also gives a possible threshold for
the HFEC inspection. The requirement
is to do the applicable corrective actions
before further flight. We have made no
change to the AD in this regard.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting the AD
as proposed.
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]]>Agencies
[Federal Register Volume 73, Number 138 (Thursday, July 17, 2008)]
[Rules and Regulations]
[Pages 40955-40958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15709]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0362; Directorate Identifier 2007-NM-308-AD;
Amendment 39-15611; AD 2008-14-16]
RIN 2120-AA64
Airworthiness Directives; 328 Support Services GmbH Dornier Model
328-100 and -300 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
At least one incident has occurred where, immediately after
take-off, the passenger door of a Dornier 328 completely opened. * *
* Substantial damage to the door, handrails, door hinge arms and
fuselage skin were found.
* * * Although final proof could not be obtained, the most
likely way in which the door opened was that the door handle was
inadvertently operated during the take-off run.
* * * * *
[T]his Airworthiness Directive (AD) aims to prevent further
incidents of inadvertent opening and possible detachment of a
passenger door in-flight, likely resulting in damage to airframe and
systems and, under less favorable circumstances, loss of control of
the aircraft.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective August 21, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 21,
2008.
ADDRESSES: You may examine the AD docket on the Internet at https://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 27, 2008 (73
FR 16219). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
At least one incident has occurred where, immediately after
take-off, the passenger door of a Dornier 328 completely opened. The
flight crew reportedly had no cockpit indication or audible chime
prior to this event. The aircraft returned to the departure airfield
and made an uneventful emergency landing. Substantial damage to the
door, handrails, door hinge arms and fuselage skin were found.
The subsequent investigation could not find any deficiency in
the design of the main cabin door locking mechanism. In addition, no
technical failure could be determined that precipitated the event.
The flight data recorder showed that the door was closed and locked
before take-off and opened shortly afterward. Although final proof
could not be obtained, the most likely way in which the door opened
was that the door handle was inadvertently operated during the take-
off run.
In response to the incident, AvCraft (the TC (type certificate)
holder at the time)
[[Page 40956]]
developed a placard set to warn the occupants against touching the
door handle, as well as a structural modification of the passenger
door hinge supports to make certain that the door does not separate
from the aircraft when inadvertently opened during flight, allowing
a safe descent and landing.
Although the event described above did not prevent the flight
crew from landing the aircraft safely, the condition of the aircraft
immediately after the opening of the door has been determined to
have been unsafe. [T]his Airworthiness Directive (AD) aims to
prevent further incidents of inadvertent opening and possible
detachment of a passenger door in-flight, likely resulting in damage
to airframe and systems and, under less favorable circumstances,
loss of control of the aircraft.
* * * * *
Corrective actions include installing warning placards on the doors,
and doing a modification that includes replacing the hinge supports and
support struts of the passenger doors with new, improved hinge supports
and support struts. You may obtain further information by examining the
MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received. The commenter provided
information on an incident that occurred on a Dornier Model 228
airplane and asked for the procedure for reporting the incident to
additional agencies so that appropriate action is taken. The
applicability in the NPRM is for Dornier Model 328-100 and -300
airplanes; therefore, the comment does not apply to this AD. The
comment has been forwarded to the appropriate FAA office and will be
addressed by that office accordingly.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 106 products of U.S. registry.
We also estimate that it will take 38 work-hours per product to comply
with the basic requirements of this AD. The average labor rate is $80
per work-hour. Required parts will cost about $11,961 per product.
Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these parts. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here. Based
on these figures, we estimate the cost of this AD to the U.S. operators
to be $1,590,106, or $15,001 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect 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.
For the reasons discussed above, I certify this AD:
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. 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2008-14-16 328 Support Services GmbH (Formerly AvCraft Aerospace
GmbH formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt
GmbH): Amendment 39-15611. Docket No. FAA-2008-0362; Directorate
Identifier 2007-NM-308-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective August
21, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 328 Support Services GmbH Dornier Model
328-100 airplanes, having serial numbers (S/Ns) 3005 through 3098,
3100, 3101, 3106, 3107, 3109, 3110, 3112, 3113, 3115, 3117 and 3119;
and Model 328-300 airplanes, having S/Ns 3102, 3105, 3108, 3111,
3114, 3116, 3118, and 3120 through 3224; certificated in any
category.
Subject
(d) Air Transport Association (ATA) of America Code 11: Placards
and Markings; and Code 52: Doors.
[[Page 40957]]
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
At least one incident has occurred where, immediately after
take-off, the passenger door of a Dornier 328 completely opened. The
flight crew reportedly had no cockpit indication or audible chime
prior to this event. The aircraft returned to the departure airfield
and made an uneventful emergency landing. Substantial damage to the
door, handrails, door hinge arms and fuselage skin were found.
The subsequent investigation could not find any deficiency in
the design of the main cabin door locking mechanism. In addition, no
technical failure could be determined that precipitated the event.
The flight data recorder showed that the door was closed and locked
before take-off and opened shortly afterward. Although final proof
could not be obtained, the most likely way in which the door opened
was that the door handle was inadvertently operated during the take-
off run.
In response to the incident, AvCraft (the TC (type certificate)
holder at the time) developed a placard set to warn the occupants
against touching the door handle, as well as a structural
modification of the passenger door hinge supports to make certain
that the door does not separate from the aircraft when inadvertently
opened during flight, allowing a safe descent and landing.
Although the event described above did not prevent the flight
crew from landing the aircraft safely, the condition of the aircraft
immediately after the opening of the door has been determined to
have been unsafe. [T]his Airworthiness Directive (AD) aims to
prevent further incidents of inadvertent opening and possible
detachment of a passenger door in-flight, likely resulting in damage
to airframe and systems and, under less favorable circumstances,
loss of control of the aircraft.
* * * * *
Corrective actions include installing warning placards on the doors,
and doing a modification that includes replacing the hinge supports
and support struts of the passenger doors with new, improved hinge
supports and support struts.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 30 days after the effective date of this AD, install
warning placards on the inside of the passenger door and service
doors, in accordance with the Accomplishment Instructions of Dornier
Service Bulletin SB-328-11-454 (for Model 328-100 airplanes) or SB-
328J-11-209 (for Model 328-300 airplanes), both dated May 3, 2004,
as applicable.
(2) Within 12 months after the effective date of this AD, modify
the hinge supports and support struts of the passenger doors, in
accordance with the Accomplishment Instructions of Dornier Service
Bulletin SB-328-52-460 (for Model 328-100 airplanes) or SB-328J-52-
213, (for Model 328-300 airplanes), both dated February 4, 2005, as
applicable.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows:
No differences.Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Dan
Rodina, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 227-2125; fax (425) 227-1149. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2007-0199, dated July 25, 2007 (corrected
July 26, 2007), and the service bulletins described in Table 1 of
this AD, for related information.
Table 1.--Service Information
------------------------------------------------------------------------
Dornier Service Bulletin Dated
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SB-328-11-454...................... May 3, 2004.
SB-328-52-460...................... February 4, 2005.
SB-328J-11-209..................... May 3, 2004.
SB-328J-52-213..................... February 4, 2005.
------------------------------------------------------------------------
Material Incorporated by Reference
(i) You must use the service information specified in Table 2 of
this AD to do the actions required by this AD, unless the AD
specifies otherwise.
Table 2.--Material Incorporated by Reference
------------------------------------------------------------------------
Dornier Service Bulletin Dated
------------------------------------------------------------------------
SB-328-11-454...................... May 3, 2004.
SB-328-52-460...................... February 4, 2005.
SB-328J-11-209..................... May 3, 2004.
SB-328J-52-213..................... February 4, 2005.
------------------------------------------------------------------------
(Only the title page of these documents contains the revision
level and date of the documents.)
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact 328
Support Services GmbH, P.O. Box 1252, D-82231 Wessling, Federal
Republic of Germany.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: https://www.archives.gov/federal-register/cfr/ibr-
locations.html.
[[Page 40958]]
Issued in Renton, Washington, on June 26, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-15709 Filed 7-16-08; 8:45 am]
BILLING CODE 4910-13-P
