[Federal Register Volume 63, Number 102 (Thursday, May 28, 1998)]
[Proposed Rules]
[Pages 29150-29151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14027]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-112-AD]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to all Dornier Model 328-100 series
airplanes. This proposal would require a one-time inspection of the
propeller de-ice system to verify the proper functioning of the engine
indication and crew alert system (EICAS) for the de-ice system; and
corrective action, if necessary. This proposal is prompted by issuance
of mandatory continuing airworthiness information by a foreign civil
airworthiness authority. The actions specified by the proposed AD are
intended to prevent failure of the EICAS to provide a warning to the
flightcrew in the event of failure of the propeller de-ice system,
which could result in damage to the airplane and consequent loss of
controllability of the airplane.
DATES: Comments must be received by June 29, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-112-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule may be
obtained from FAIRCHILD DORNIER, DORNIER Luftfahrt GmbH, P.O. Box 1103,
D-82230 Wessling, Germany. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2110; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 98-NM-112-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 98-NM-112-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, notified the FAA that an unsafe condition may exist on all
Dornier Model 328-100 series airplanes. The LBA advises that it has
received a report indicating that the propeller de-ice system on the
airplane failed without appropriate indication of the failure to the
flightcrew via the engine indication and crew alert system (EICAS). The
failure of this system resulted in the accumulation of ice on both
airplane propellers; the ice subsequently shed, which damaged the
fuselage and other parts of the exterior of the airplane. Further
investigation of the incident did not reveal an exact cause; although
the LBA advises that this is considered to be an isolated incident,
they consider a one-time fleet-wide inspection to be warranted. Such
failure of the EICAS to provide a warning to the flightcrew in the
event of failure of the propeller de-ice system, if not corrected,
could result in damage to the airplane and consequent loss of
controllability of the airplane.
Explanation of Relevant Service Information
The manufacturer has issued Dornier Alert Service Bulletin ASB-328-
30-013, Revision 1, dated February 21, 1997, which describes procedures
for a one-time inspection of the propeller de-ice system, to verify
that the EICAS provides appropriate warning to the flightcrew during
operation of the propeller de-ice system in the event of failure. The
LBA classified this alert service bulletin as mandatory and issued
German airworthiness directive 97-066, dated March 13, 1997, in order
to assure the continued airworthiness of these airplanes in Germany.
FAA's Conclusions
This airplane model is manufactured in Germany and is type
certificated for operation in the United States under the provisions of
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.
Explanation of Requirements of Proposed Rule
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, the proposed AD would require accomplishment of
the actions specified in the alert service bulletin described
previously, except as discussed below.
Differences Between Proposed Rule and Alert Service Bulletin
Operators should note that, although the alert service bulletin
does not specify corrective action if the inspection results do not
verify proper functioning of the EICAS for the
[[Page 29151]]
propeller de-ice system, this proposal would require the repair of the
EICAS to be accomplished in accordance with a method approved by the
FAA.
Cost Impact
The FAA estimates that 50 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 1 work
hour per airplane to accomplish the proposed inspection, at an average
labor rate of $60 per work hour. Based on these figures, the cost
impact of the inspection proposed by this AD on U.S. operators is
estimated to be $3,000, or $60 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed 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 proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that 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) if promulgated, 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 copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Dornier Luftfahrt GmbH: Docket 98-NM-112-AD.
Applicability: All Model 328-100 series airplanes, certificated
in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
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 (c) 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 engine indication and crew alert
system (EICAS) to provide a warning to the flightcrew in the event
of failure of the propeller de-ice system, which could result in
damage to the airplane and consequent loss of controllability of the
airplane, accomplish the following:
(a) Within 30 days after the effective date of this AD, perform
a one-time inspection of the propeller de-ice system to verify the
proper functioning of the EICAS for the de-ice system, in accordance
with Dornier Alert Service Bulletin ASB-328-30-013, Revision 1,
dated February 21, 1997.
(b) If the inspection required by paragraph (a) of this AD
indicates that the EICAS is malfunctioning, prior to further flight,
repair the EICAS in accordance with a method approved by the
Manager, International Branch, ANM-116, FAA, Transport Airplane
Directorate.
(c) 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, International Branch, ANM-116.
Operators shall submit their requests through an appropriate FAA
Principal Maintenance Inspector, who may add comments and then send
it to the Manager, International Branch, ANM-116.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the International Branch, ANM-116.
(d) 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.
Note 3: The subject of this AD is addressed in German
airworthiness directive 97-066, dated March 13, 1997.
Issued in Renton, Washington, on May 20, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-14027 Filed 5-27-98; 8:45 am]
BILLING CODE 4910-13-P
