[Federal Register Volume 63, Number 197 (Tuesday, October 13, 1998)]
[Rules and Regulations]
[Pages 54570-54572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26967]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-59-AD; Amendment 39-10827; AD 98-21-18]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Dornier Model 328-100 series airplanes that 
requires replacement of the de-icing system timer with a new, improved 
timer. This amendment is prompted by reports of possible overheating 
and debonding of the propeller blade due to a failure of the de-icing 
system timer and a dormant short circuit in the propeller de-icer 
system. The actions specified by this AD are intended to prevent such 
overheating and debonding of the propeller blade, which could result in 
reduced controllability of the airplane.

DATES: Effective November 17, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 17, 1998.

ADDRESSES: The service information referenced in this AD may be 
obtained from Fairchild Dornier, Dornier Luftfahrt GmbH, P.O. Box 1103, 
D-82230 Wessling, Germany. This information may be examined at the 
Federal Aviation Administration (FAA),

[[Page 54571]]

Transport Airplane Directorate, Rules Docket, 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: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Dornier Model 328-100 
series airplanes was published in the Federal Register on March 30, 
1998 (63 FR 15105). That action proposed to require replacement of the 
de-icing system timer with a new, improved timer.

Explanation of Changes Made to This Final Rule

    Since the issuance of that Notice of Proposed Rulemaking (NPRM), 
the FAA has determined that the descriptions of what prompted the AD, 
and of the unsafe condition, in the proposed rule require 
clarification. Those descriptions are revised to read ``possible 
overheating and debonding of the propeller blade due to a failure of 
the de-icing system timer and a dormant short circuit in the propeller 
de-icer system. Such overheating and debonding of the propeller blade 
could result in reduced controllability of the airplane.''
    The FAA also has determined that a more accurate description of the 
unsafe condition of the propeller blade addressed by this AD is to use 
the descriptor ``debonding,'' rather than ``disbonding'' (as used in 
the proposed rule) and has revised the final rule accordingly.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the single comment received.
    One commenter, the airframe manufacturer, states that all airplanes 
in the fleet have incorporated the A-5639-3 propeller timer/monitor, 
and includes copies of records to verify the installations. Therefore, 
the manufacturer considers that there is no necessity for the issuance 
of an AD.
    The FAA does not concur with the manufacturer's position that there 
is no necessity to issue an AD to address the identified unsafe 
condition. The FAA does acknowledge that the fleet may currently be in 
compliance with the requirements of this AD (installation of the A-
5639-3 propeller timer). However, the propeller vendor, Hartzell, has 
advised the FAA that the locations of approximately 40 of the A-5639-2 
timers cannot be accounted for. Therefore, this AD must be issued to 
ensure that the addressed unsafe condition addressed by this final rule 
is not reintroduced by an inadvertent reinstallation of an A-5639-2 
timer/monitor.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 25 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required replacement, and that the average 
labor rate is $60 per work hour. Required parts will be furnished by 
the manufacturer at no cost to the operators. Based on these figures, 
the cost impact of this AD on U.S. operators is estimated to be $1,500, 
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 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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

98-21-18  Dornier Luftfahrt GMBH: Amendment 39-10827. Docket 98-NM-
59-AD.

    Applicability: Model 328-100 airplanes, serial numbers 3005 
through 3039 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 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 possible overheating and debonding of the propeller 
blade due to a failure of the de-icing system timer and a dormant 
short circuit in the propeller de-icer system, which could result in 
reduced controllability of the airplane, accomplish the following:
    (a) Within 8 months after the effective date of this AD, replace 
the de-icing system timer with a new improved timer in accordance 
with Dornier Service Bulletin SB-328-30-164, dated April 30, 1996.
    (b) As of the effective date of this AD, no person shall install 
a de-icing system timer having part number A-5639-2 or 4E2947-2, on 
any airplane.

[[Page 54572]]

    (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 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.
    (e) The replacement shall be done in accordance with Dornier 
Service Bulletin SB-328-30-164, dated April 30, 1996. 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 FAIRCHILD DORNIER, DORNIER Luftfahrt 
GmbH, P.O. Box 1103, D-82230 Wessling, 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.
    (f) This amendment becomes effective on November 17, 1998.

    Issued in Renton, Washington, on October 1, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-26967 Filed 10-9-98; 8:45 am]
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