# AD 97-06-07: Airworthiness Directives; Dornier Model 328-100 Series Airplanes Equipped With Burns Aerospace Corporation Passenger Seats - Type: Airworthiness directive - Effective: April 18, 1997 - Published: March 14, 1997, 62 FR 12081–12082 - Issued as: Final rule - Superseded by: Nothing supersedes this AD - Amendment: 39-9964 - Docket: 96-NM-117-AD - Official PDF: https://openairdocs.org/files/sha256/50/83/50831c17cbee0d7d5b3bacb0aae38aeb62dbc9c557d7d270a45a1f8cd11f4abf (from https://www.govinfo.gov/content/pkg/FR-1997-03-14/pdf/97-6262.pdf) - Federal Register: https://www.federalregister.gov/documents/1997/03/14/97-6262/airworthiness-directives-dornier-model-328-100-series-airplanes-equipped-with-burns-aerospace - Page: https://openairdocs.org/ad/97-06-07 ## Summary This amendment adopts a new airworthiness directive (AD), applicable to certain Dornier Model 328-100 series airplanes, that requires modification of the restraining systems of certain passenger seats by replacing anchor point fasteners with fasteners that are able to withstand required 16g load conditions. This amendment is prompted by a report indicating that the restraining systems on these seats failed to meet 16g test load requirements during dynamic testing. The actions specified by this AD are intended to prevent the fasteners from failing, which could result in release of the seat restraint and consequent injury to passengers. ## The airworthiness directive ### 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: 97-06-07 Dornier: Amendment 39-9964. Docket 96-NM-117-AD. Applicability: Model 328-100 series airplanes equipped with Burns Aerospace Corporation commuter seat models JB6.8-1-22 and JB6.8-2-42 passenger seats; certificated in any category. Note 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been otherwise 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 prevent failure of the anchor point fasteners on the seat restraining systems, which could result in release of the seat restraint and consequent injury to passengers, accomplish the following: ### (a) (a) Within 60 days after the effective date of this AD, replace each anchor point fastener on the restraining system of each seat with a fastener of improved design, in accordance with Dornier Service Bulletin SB-328-25-114, dated July 10, 1995. Note 2: The Dornier service bulletin references Burns Aerospace Corporation Service Bulletin SB-25-20-989, Revision B, dated June 14, 1995, as an additional source of procedural service information for replacement of the anchor point fasteners. ### (b) (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 3: 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) (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) (d) The replacement shall be done in accordance with Dornier Service Bulletin SB-328-25-114, dated July 10, 1995. 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, 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) (e) This amendment becomes effective on April 18, 1997. Issued in Renton, Washington, on March 6, 1997. Neil D. Schalekamp, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. ## Rule preamble ### Dates Effective April 18, 1997. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 18, 1997. ### Addresses The service information referenced in this AD may be obtained from Dornier Luftfahrt GmbH, P.O. Box 1103, D-82230 Wessling, Germany. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 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 Connie Beane, Aerospace Engineer, Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 227-2796; fax (206) 227-1149. ### Supplementary information A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain Dornier Model 328-100 series airplanes was published in the Federal Register on December 13, 1996 (61 FR 65494). That action proposed to require removal of the anchor point fasteners on Burns Aerospace Corporation commuter seat models JB6.8-1-22 and JB6.8-2-42 passenger seats. It proposed replacing the fasteners with new ones which will ensure that the restraining system for these seats is able to withstand the required 16g test load conditions. Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were submitted in response to the proposal or the FAA's determination of the cost to the public. ### Conclusion The FAA has determined that air safety and the public interest require the adoption of the rule as proposed. ### Cost Impact The FAA estimates that 36 Dornier Model 328-100 airplanes of U.S. registry will be affected by this AD, that it will take approximately 1 work hour per seat to accomplish the required actions, and that the average labor rate is $60 per work hour. There are normally 30 seats per airplane. Required parts will be provided by the manufacturer at no cost to operators. Based on these figures, the cost impact of the AD on U.S. operators is estimated to be $64,800, or $1,800 per airplane. The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the 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 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. For the reasons discussed above, I certify that this action (1) is not a ``significant regulatory action'' under Executive Order 12866; (2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it 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: ## Related documents - [Proposed rule 96-NM-117-AD](https://openairdocs.org/proposed/96-NM-117-AD): Notice of proposed rulemaking (NPRM), published Dec 13, 1996 Its text cites no advisory circulars or STCs. --- OpenAirDocs.org is an independent research project of [Contrail Labs](https://contraillabs.com/). It is not affiliated with the FAA or the NTSB. Source documents are U.S. government works in the public domain.