[Federal Register Volume 60, Number 66 (Thursday, April 6, 1995)]
[Rules and Regulations]
[Pages 17440-17442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8447]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-33-AD; Amendment 39-9189; AD 95-06-52]


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) T95-06-52 that was sent 
previously to all known U.S. owners and operators of certain Dornier 
Model 328-100 series airplanes by individual telegrams. This AD 
requires removal of the bypass outlet plates from the lower cowlings of 
both engines. This amendment is prompted by reports of engine power 
rollback/flameout due to ingestion of ice into an engine. The actions 
specified by this AD are intended to prevent ingestion of ice into an 
engine, which could result in engine power rollback/flameout.

DATES: Effective April 21, 1995, to all persons except those persons to 
whom it was made immediately effective by telegraphic AD T95-06-52, 
issued on March 10, 1995, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director [[Page 17441]] of the 
Federal Register as of April 21, 1995.
    Comments for inclusion in the Rules Docket must be received on or 
before June 6, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-33-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    The applicable service information may be obtained from Daimler-
Benz Aerospace, Dornier, 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 March 10, 1994, the FAA issued 
telegraphic AD T95-06-52, which is applicable to certain Dornier Model 
328-100 series airplanes.
    That AD was prompted by a report from the Luftfahrt-Bundesamt 
(LBA), which is the airworthiness authority for the Federal Republic of 
Germany, which advised the FAA of four incidents of engine power 
rollback/flameout. The cause of these incidents is still under 
investigation; however, the ingestion of ice into the engine has been 
identified as a contributing factor.
    Certain Dornier Model 328-100 series airplanes are equipped with a 
plate that partially covers the bypass duct outlet port on the lower 
cowling of the air intake for both engines. This plate reduces air flow 
into the bypass duct, thereby reducing the effectiveness of the 
inertial separator. (The inertial separator consists of a sharp bend in 
the inlet duct that leads to the engine, and a bypass duct positioned 
in a straight line with the air intake ducting. Ice and other foreign 
matter is unable to travel around the bend in the ducting and thereby 
reach the engine due to the inertia of the foreign matter; such matter 
is swept overboard through the bypass duct.) Reduced effectiveness of 
the inertial separator would permit ice ingestion into the engine. The 
FAA has determined that removal of the bypass outlet plate on the lower 
cowlings of the engines reduces the possibility of ice ingestion into 
the engine.
    Ingestion of ice into an engine, if not reduced to an acceptable 
level, could result in engine power rollback/flameout.
    Dornier has issued Service Bulletin SB-328-71-086, dated March 6, 
1995, which describes procedures for removal of the bypass outlet 
plates from the lower cowlings of both engines. Accomplishment of this 
modification will increase the bypass ratio of the engine inlet duct to 
prevent ingestion of ice into an engine and possible engine flameout. 
The LBA classified this service bulletin as mandatory and issued German 
airworthiness directive 95-156, dated March 8, 1995, 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 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 T95-06-52, to require removal of 
the bypass outlet plates from the lower cowlings of both engines. The 
actions are required to be accomplished in accordance with the service 
bulletin previously described.
    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 March 10, 1995, to all known U.S. owners and operators of 
certain 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.
    This AD 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.

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-33-AD.'' The postcard will be date stamped and 
returned to the commenter. [[Page 17442]] 
    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:

95-06-52 Dornier: Amendment 39-9189. Docket 95-NM-33-AD.

    Applicability: Model 328-100 series airplanes, serial numbers 
3005 through 3033 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 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 
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 ingestion of ice into an engine, which could result 
in engine power rollback/flameout, accomplish the following:
    (a) Prior to further flight into known or forecast icing 
conditions, remove the bypass outlet plate having part number (P/N) 
001A716A2002000 or P/N 001A716E2012000 from the lower cowlings of 
the engines, in accordance with Dornier Service Bulletin SB-328-71-
086, dated March 6, 1995.
    (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 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.

    (c) Special flight permits may be issued in accordance with 
Secs. 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) The removal shall be done in accordance with Dornier Service 
Bulletin SB-328-71-086, dated March 6, 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 Daimler-Benz Aerospace, Dornier, 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.
    (e) This amendment becomes effective on April 21, 1995, to all 
persons except those persons to whom it was made immediately 
effective by telegraphic AD T95-06-52, issued on March 10, 1995, 
which contained the requirements of this amendment.

    Issued in Renton, Washington, on March 31, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-8447 Filed 4-5-95; 8:45 am]
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