[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Rules and Regulations]
[Pages 15037-15040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6774]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-24-AD; Amendment 39-9179; AD 95-04-51]
Airworthiness Directives; Dornier Model 328-100 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This document publishes in the Federal Register an amendment
adopting Airworthiness Directive (AD) T95-04-51 that was sent
previously to all known U.S. owners and operators of all Dornier Model
328-100 series airplanes by individual telegrams. This AD requires
certain revisions to the Airplane Flight Manual (AFM), replacement of
certain de-icing boots in the air intake duct assemblies of the engine
with re-designed units, and inspections of the boots to detect
discrepancies. This amendment is prompted by reports of failures of the
engine air inlet de-icing system, including debonding of the boots from
the engine air intake ducts, failure of the air-tight chambers in the
boots, and malfunction and subsequent shutdown of an engine during
flight. The actions specified by this AD are intended to prevent engine
malfunction due to failure of the engine air inlet de-icing system.
DATES: Effective April 6, 1995, to all persons except those persons to
whom it was made immediately effective by telegraphic AD T95-04-51,
issued February 21, 1995, which contained the requirements of this
amendment. -
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 6, 1995.
Comments for inclusion in the Rules Docket must be received on or
before May 22, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-24-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The applicable service information may be obtained from Dornier
Deutsche Aerospace, P.O. Box 1103, D-82230 Wessling, Federal Republic
of Germany. This information may be examined 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.
FOR FURTHER INFORMATION CONTACT: Gary Lium, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-1112; fax (206) 227-1320.
SUPPLEMENTARY INFORMATION: On February 21, 1995, the FAA issued
telegraphic AD T95-04-51, which is applicable to all Model Dornier 328-
100 series airplanes. That action was prompted by reports of failure of
the engine inlet de-icing system, including debonding of the boots from
the engine air intake ducts, failure of the airtight chambers in the
boots, and malfunction and subsequent shutdown of an engine during
flight. These conditions, if not corrected, could result in significant
loss of engine power.
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 series
airplanes. The LBA advises that it has received numerous reports of
failures of the engine inlet de-icing system, including reports of
debonding of the de-icing boots from the engine air intake ducts, and
other reports of failure of the air-tight chambers in these pneumatic
de-icing boots. In one case, debonding and associated disruption of
airflow into the engine resulted in malfunction and subsequent shutdown
of the engine during flight. The causes of failure of the engine inlet
de-icing system have not yet been identified fully.
Dornier has issued Service Bulletin SB-328-30-020, dated March 17,
1994, which describes procedures for repetitive detailed visual and
tactile inspections of the de-icing boots of the air intake on the
engines to detect flat spots, softness, or other discrepancies in the
de-icing boots, and to ensure that the edges of the de-icing boots are
sealed properly.
Dornier also has issued Alert Service Bulletin ASB-328-71-006,
Revision 1, dated February 16, 1995, which describes procedures for
replacement of certain de-icing boots on the air intakes of the engines
with de-icing boots that have been re-designed.
The LBA classified these service bulletins as mandatory and issued
German airworthiness directive 95-098/2, dated February 17, 1995, in
order to assure the continued airworthiness of these airplanes in the
Federal Republic of Germany.
In light of the failure history of certain engine intake de-icing
systems on which re-designed de-icing boots are not installed, the FAA
finds that the existing de-icing boots must be replaced with re-
designed units. In the interim, daily inspections, as described in the
Dornier service bulletin, are required to determine the condition of
the de-icing system. In addition, because the causes of the failures
have not been identified fully, the FAA has determined that functional
tests also are necessary prior to each flight to ensure proper
operation of the system. Finally, for the same reason, this AD also
requires that these inspections and tests be continued at greater
intervals following installation of the re-designed boot to ensure that
installation of the re-designed unit has corrected the unsafe
condition.
[[Page 15038]]
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 the unsafe condition described is likely to exist or develop
on other airplanes of the same type design registered in the United
States, the FAA issued Telegraphic AD T95-04-51 to:
1. Require replacement of certain de-icing boots with re-designed
units;
2. Provide operating limitations and require revisions to abnormal
procedures to specify that icing conditions must be exited or the
airplane must be landed at the nearest suitable airport under certain
conditions;
3. Require certain inspections to detect discrepancies in de-icing
boots;
4. Require functional tests to ensure proper operation of the de-
icing system; and
5. Require that operators report to the FAA findings of any
discrepancy discovered on re-designed boots.
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
As a result of recent communications with the Air Transport
Association (ATA) of America, the FAA has learned that, in general,
some operators may misunderstand the legal effect of AD's on airplanes
that are identified in the applicability provision of the AD, but that
have been altered or repaired in the area addressed by the AD. The FAA
points out that all airplanes identified in the applicability provision
of an AD are legally subject to the AD. If an airplane has been altered
or repaired in the affected area in such a way as to affect compliance
with the AD, the owner or operator is required to obtain FAA approval
for an alternative method of compliance with the AD, in accordance with
the paragraph of each AD that provides for such approvals. A note has
been included in this rule to clarify this long-standing requirement.
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual telegrams
issued on February 21, 1995, to all known U.S. owners and operators of
Dornier Model 328-100 series airplanes. These conditions still exist,
and the AD is hereby published in the Federal Register as an amendment
to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to
make it effective as to all persons.
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 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 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 95-NM-24-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.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
95-04-51 Dornier: Amendment 39-9179. Docket 95-NM-24-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 use the authority
provided in paragraph (f) to request approval from the FAA. This
approval may address either no action, if the current configuration
eliminates the unsafe condition; or different actions necessary to
address the unsafe condition described in this AD. Such a request
should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
[[Page 15039]] case does the presence of any modification,
alteration, or repair remove any airplane from the applicability of
this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent engine malfunction due to failure of the engine air
inlet de-icing system, accomplish the following:
(a) For all airplanes: Within 24 hours after the effective date
of this AD, accomplish paragraphs (a)(1), (a)(2), and (a)(3) of this
AD.
(1) Revise the Limitations Section of the FAA-approved Airplane
Flight Manual (AFM) by inserting the following limitation in the
AFM. This may be accomplished by inserting a copy of this AD in the
AFM.
``During flight, if the `ENG DEICE FAIL' electronic indication
and caution advisory system (EICAS) annunciation activates for
either engine, flight into known or forecast icing conditions is
prohibited.''
(2) Revise the Abnormal Procedures Section of the FAA-approved
AFM by removing page 4, dated September 1, 1994, of section 04-12-
00, and replacing it with the following. This may be accomplished by
inserting a copy of this AD in the AFM.
``1. Icing Condi- Exit immediately. If unable, land at nearest
tions. suitable airport.''
(3) Revise the Limitations Section of the FAA-approved AFM to
include the following functional test. This may be accomplished by
inserting a copy of this AD in the AFM.
``Accomplish the following test at the applicable time specified
as follows:
``For airplanes equipped with air intake duct assemblies having
de-icing boots with part numbers (P/N's) 29S-5D5240-21, -23, and -
25: As of 24 hours after the effective date of AD 95-04-51,
accomplish the functional test prior to each flight.
``For airplanes equipped with air intake duct assemblies having
de-icing boots with P/N's 29S-5D5240-211 (inlet lip), -231 (bypass
duct), and -251 (aft ramp duct): Accomplish the functional test
within 24 hours after the effective date of AD 95-04-51, and
thereafter at daily intervals.
``Perform a functional test of the de-icing system of the air
intake ducts of the left and right engines to determine the
condition of the system, in accordance with the procedures specified
below. Flight crew or maintenance personnel shall perform this test.
FUNCTIONAL TEST OF THE DE-ICING SYSTEM
``With engines running at idle power, display and monitor the
`ICE PROTECT' system page of the electronic indication and caution
advisory system (EICAS), select left and right `ENGINE INTAKE'
pushbuttons in (`ON'), for a minimum of 60 seconds. Monitor system
page for normal indications of one complete boot inflation and
deflation cycle. Monitor EICAS for normal messages, and absence of
`ENG DEICE FAIL' caution.
After 60 seconds and observation of one complete inflation/
deflation cycle, release `ENGINE INTAKE' pushbuttons to out (`OFF')
position, confirm absence of system page and EICAS cautions, and
deselect `ICE PROTECT' system page. At completion of check, `ENGINE
INTAKE' pushbuttons may be turned back on if required for departure.
``If any EICAS `ENG DEICE FAIL' annunciation is observed, or if
system normal inflate and deflate cycling is not observed: The
system shall be considered inoperative. Prior to further flight, the
detailed visual and tactile inspections required by paragraph (b) of
AD 95-04-51 must be accomplished.
``If no discrepancy with the de-icing boots is found during
these inspections, the de-icing system may be inoperative for a
period of time not to exceed that specified in the DO-328 Master
Minimum Equipment List (MMEL). Flight into known or forecast icing
conditions is prohibited.''
(b) For airplanes equipped with air intake duct assemblies
having de-icing boots with P/N's 29S-5D5240-21, -23, and -25:
Accomplish paragraphs (b)(1) and (b)(2) of this AD at the times
specified in those paragraphs.
(1) Within 24 hours after the effective date of this AD: Perform
a detailed visual inspection and a tactile inspection of the de-
icing boots in the air intake ducts on the engines to detect flat
spots, softness, or other discrepancies, and to ensure that the
edges of the de-icing boots are sealed properly, in accordance with
Dornier Service Bulletin SB-328-30-020, dated March 17, 1994.
(i) If no discrepancies are found and the edges of the de-icing
boots are sealed properly (no debonding between the boot and the
intake duct), repeat the detailed visual and tactile inspections
required by paragraph (b)(1) of this AD thereafter at daily
intervals.
(ii) If any discrepancy is found, or if any edge of a de-icing
boot is sealed improperly (debonding between the boots and the
intake duct), prior to further flight, replace all three de-icing
boots having P/N's 29S-5D5240-21, -23, and -25, with three new units
having P/N's 29S-5D5240-211, -231, and -251, in accordance with the
procedures specified in Dornier Alert Service Bulletin ASB-328-71-
006, Revision 1, dated February 16, 1995.
(2) Within 5 days after the effective date of this AD, replace
all three de-icing boots having P/N's 29S-5D5240-21, -23, and -25,
with three new units having P/N's 29S-5D5240-211, -231, and -251, in
accordance with Dornier Alert Service Bulletin ASB-328-71-006,
Revision 1, dated February 16, 1995. Following such replacement,
perform the detailed visual and tactile inspections and the
functional tests required by paragraphs (c) and (a)(3) of this AD,
respectively, in accordance with the times and procedures specified
in those paragraphs.
(c) For airplanes equipped with air intake duct assemblies
having de-icing boots with P/N's 29S-5D5240-211,-231, and -251:
Within 7 days after the effective date of this AD, perform a
detailed visual inspection and a tactile inspection of the de-icing
boots in the air intake ducts on the engines to detect flat spots,
softness, or other discrepancies, and to ensure that the edges of
the de-icing boots are sealed properly, in accordance with the
procedures specified in Dornier Service Bulletin SB-328-30-020,
dated March 17, 1994.
(1) If no discrepancies are found and the edges of the de-icing
boots are sealed properly (no debonding between the boot and the
intake duct): Repeat the detailed visual and tactile inspections
required by paragraph (c) of this AD thereafter at intervals not to
exceed 7 days.
(2) If any discrepancy is found, or if any edge of a de-icing
boot is sealed improperly (debonding between the boots and the
intake duct): Prior to further flight, replace all three de-icing
boots with three new units having P/N's 29S-5D5240-211, -231, and -
251, in accordance with Dornier Alert Service Bulletin ASB-328-71-
006, Revision 1, dated February 16, 1995; and accomplish the
reporting requirement specified in paragraph (d) of this AD.
(d) For airplanes equipped with air intake duct assemblies
having de-icing boots with P/N's 29S-5D5240-211, -231, and -251:
Within 10 days after accomplishing any inspection or functional test
required by this AD, report findings of any discrepancy to the
Manager, Standardization Branch, ANM-113, FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, WA 98055-4056; fax (206)
227-1320. Information collection requirements contained in this
regulation have been approved by the Office of Management and Budget
(OMB) under the provisions of the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.) and have been assigned OMB Control Number
2120-0056.
(e) After the effective date of this AD, no de-icing boot having
P/N 29S-5D5240-21, -23, or -25 shall be installed on any airplane.
(f) 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.
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 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(g) 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.
(h) The inspections and replacement shall be done in accordance
with Dornier Service Bulletin SB-328-30-020, dated March 17, 1994;
and Dornier Alert Service Bulletin ASB-328-71-006, Revison 1, dated
February 16, 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
Deutsche Aerospace, P.O. Box 1103, D-82230 Wessling, Federal
Republic of 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.
(i) This amendment becomes effective on April 6, 1995, to all
persons except those persons to whom it was made immediately
[[Page 15040]] effective by telegraphic AD T95-04-51, issued on
February 21, 1995, which contained the requirements of this
amendment.
Issued in Renton, Washington, on March 14, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-6774 Filed 3-21-95; 8:45 am]
BILLING CODE 4910-13-U