[Federal Register Volume 64, Number 136 (Friday, July 16, 1999)]
[Proposed Rules]
[Pages 38378-38379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17864]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-366-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 certain Dornier Model 328-100
series airplanes. This proposal would require a one-time inspection to
measure the offset of the de-icing tubing adjacent to the refueling
panel on the right-hand wing, and replacement with new improved tubing,
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 a blockage in the de-icing tubing which could result in a
malfunction of the de-icing boot. This malfunction would be unknown to
the flight crew, and could lead to reduced controllability of the
airplane during flight in icing conditions.
DATES: Comments must be received by August 16, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-366-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-366-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-366-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
certain Dornier Model 328-100 series airplanes. The LBA advises that a
water trap in the de-icing tubing could cause a blockage inside the
tubing if water in the trap freezes. The manufacturer has told the FAA
that water, which penetrates through small cracks and holes in the de-
icing boot, would be collected in the water trap. A blockage in the de-
icing tubing could result in a malfunction of the de-icing boot. This
malfunction would be unknown to the flight crew. This condition, if not
corrected, could result in reduced controllability of the airplane when
flying in icing conditions.
Explanation of Relevant Service Information
Dornier has issued Service Bulletin SB-328-30-265, dated July 24,
1998, which describes procedures for a one-time detailed inspection of
the de-icing tubing adjacent to the refueling panel on the right-hand
wing, and replacement with new improved tubing, if the de-icing tubing
does not conform with the dimension shown in the service bulletin.
Accomplishment of the actions specified in the service bulletin is
intended to adequately address the identified unsafe condition. The LBA
classified this service bulletin as mandatory and issued German
airworthiness directive 1998-423, dated November 5, 1998, 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
Sec. 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 service bulletin described previously.
Cost Impact
The FAA estimates that 27 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, and that the
average labor rate is $60 per work hour. Based on these figures, the
cost impact of the proposed AD on U.S. operators is estimated to be
$1,620 or $60 per airplane.
[[Page 38379]]
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 No. 98-NM-366-AD.
Applicability: Model 328-100 series airplanes, serial numbers
3042 through 3105 inclusive, 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 (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 a blockage inside the de-icing tubing, which could
result in a malfunction of the de-icing boot, and consequent reduced
controllability of the airplane during flight in icing conditions,
accomplish the following:
Inspection and Corrective Action
(a) Within two months after the effective date of this AD,
perform a one-time detailed inspection to measure the offset of the
de-icing tubing adjacent to the refueling panel on the right-hand
wing in accordance with Dornier Service Bulletin SB-328-30-265,
dated July 24, 1998.
(1) If the de-icing tubing offset measurement conforms to the
dimension shown in the service bulletin, no further action is
required by this AD.
(2) If the de-icing tubing does not conform to the dimension
shown in the service bulletin, prior to further flight, replace it
with new improved tubing in accordance with instructions provided in
the service bulletin.
Note 2: For the purposes of this AD, a detailed inspection is
defined as: ``An intensive visual examination of a specific
structural area, system, installation, or assembly to detect damage,
failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at intensity
deemed appropriate by the inspector. Inspection aids such as mirror,
magnifying lenses, etc. may be used. Surface cleaning and elaborate
access procedures may be required.''
Alternative Methods of Compliance
(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, International Branch, ANM-116, 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, International
Branch, ANM-116.
Note 3: Information concerning the existence of approved alternative
methods of compliance with this AD, if any, may be obtained from the
International Branch, ANM-116.
Special Flight Permits
(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.
Note 4: The subject of this AD is addressed in German
airworthiness directive 1998-423, dated November 5, 1998.
Issued in Renton, Washington, on July 7, 1999.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-17864 Filed 7-15-99; 8:45 am]
BILLING CODE 4912-13-P
