[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