[Federal Register: March 27, 2008 (Volume 73, Number 60)]
[Proposed Rules]
[Page 16219-16221]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr08-11]
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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]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 and -300
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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.
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by April 28, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
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 this proposed AD, 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.
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0362;
Directorate Identifier 2007-NM-308-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2007-0199, dated July 25, 2007 (corrected July
26, 2007; referred to after this as ``the MCAI''), 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.
[[Page 16220]]
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. You may obtain further information by examining the
MCAI in the AD docket.
Relevant Service Information
AvCraft Aerospace GmbH has issued the service information described
in the following table.
Service Information
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AvCraft 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.
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The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 106 products of U.S. registry. We also estimate that
it would take about 38 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would 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
costs. 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 the proposed AD on 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 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. 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 proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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. The FAA amends Sec. 39.13 by adding the following new AD:
328 Support Services GmbH (Formerly AvCraft Aerospace GmbH): Docket
No. FAA-2008-0362; Directorate Identifier 2007-NM-308-AD.
Comments Due Date
(a) We must receive comments by April 28, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 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;
[[Page 16221]]
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.
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 AvCraft 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 AvCraft 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, 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
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AvCraft 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.
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Issued in Renton, Washington, on March 20, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-6296 Filed 3-26-08; 8:45 am]
BILLING CODE 4910-13-P