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 suchwritten 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.
39.13 - [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: