[Federal Register Volume 63, Number 86 (Tuesday, May 5, 1998)]
[Proposed Rules]
[Pages 24758-24760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11888]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-103-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 modification of the 
ground cooling fan. 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 ground cooling fan, which could result in smoke 
in the flight deck and cabin and consequent inability of the flight 
crew to perform duties or possible passenger injury due to smoke 
inhalation.

DATES: Comments must be received by June 4, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-103-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

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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-103-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-103-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 it 
has received reports of smoke in the flight deck and cabin. The cause 
of the smoke has been attributed to an overheating condition caused by 
oil contamination of the heat exchangers and the failure of the ground 
cooling fans to dispel the smoke from the flight deck and cabin. This 
condition, if not corrected, could result in inability of the flight 
crew to perform duties or possible passenger injury due to smoke 
inhalation.

Explanation of Relevant Service Information

    Dornier has issued Service Bulletin SB-328-21-227, dated July 16, 
1997, which describes procedures for modification of the ground cooling 
fan. The modification involves incorporation of a modified check valve 
and rotation of the valve 90 degrees from its present position. (The 
service bulletin references EG&G Rotron Service Bulletin 011389500-21-
1, dated April 30, 1997, as an additional source of service information 
to accomplish the modification.) Accomplishment of the actions 
specified in the Dornier service bulletin is intended to adequately 
address the identified unsafe condition. The LBA classified this 
service bulletin as mandatory and issued German airworthiness directive 
97-243, dated August 28, 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 
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.

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 50 airplanes of U.S. registry would be 
affected by this proposed AD. It would take approximately 1 work hour 
per airplane to accomplish the proposed modification, at an average 
labor rate of $60 per work hour. Required parts would be supplied by 
the manufacturer at no cost to operators. Based on these figures, the 
cost impact of the proposed 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-103-AD.

    Applicability: Model 328-100 series airplanes, serial numbers 
3005 through 3095 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 (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or

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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 ground cooling fan, which could result 
in smoke in the flight deck and cabin and consequent inability of 
the flight crew to perform duties or possible passenger injury due 
to smoke inhalation, accomplish the following:
    (a) Within 3 months after the effective date of this AD, modify 
the ground cooling fan and rotate the modified check valve, in 
accordance with Dornier Service Bulletin SB-328-21-227, dated July 
16, 1997.

    Note 2: The service bulletin references EG&G Rotron Service 
Bulletin 011389500-21-1, dated April 30, 1997, as an additional 
source of service information to accomplish the actions required by 
this AD.

    (b) As of the effective date of this AD, no person shall install 
on any airplane a ground cooling fan, part number 011389500, unless 
it has been modified in accordance with Dornier Service Bulletin SB-
328-21-227, dated July 16, 1997.
    (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, 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.

    (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 4: The subject of this AD is addressed in German 
airworthiness directive 97-243, dated August 28, 1997.

    Issued in Renton, Washington, on April 29, 1998.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-11888 Filed 5-4-98; 8:45 am]
BILLING CODE 4910-13-U