[Federal Register Volume 64, Number 18 (Thursday, January 28, 1999)]
[Proposed Rules]
[Pages 4370-4372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1978]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-157-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking; reopening of 
comment period.

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SUMMARY: This document revises an earlier proposed airworthiness 
directive (AD), applicable to all Dornier Model 328-100 series 
airplanes, that would have required repetitive lubrication of the 
engine control push-pull cables. That proposal was prompted by issuance 
of mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. This new action revises the proposed rule by 
adding a requirement to install heating tubes on the control cables in 
the cockpit area and in the left-hand and right-hand engine balconies, 
which would terminate the repetitive lubrication requirement. The 
actions specified by this new proposed AD are intended to prevent ice 
from building up on the engine control push-pull cables, which could 
result in friction or jamming of the engine controls, and consequent 
reduced controllability of the airplane.

DATES: Comments must be received by February 22, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-157-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-156-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-156-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to add an airworthiness directive (AD), applicable to all 
Dornier Model 328-100 series airplanes, was published as a notice of 
proposed rulemaking (NPRM) in the Federal Register on July 7, 1998 (63 
FR 36621). That NPRM would have required repetitive lubrication of the 
engine control push-pull cables. That NPRM was prompted by the issuance 
of mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. Ice building up on the engine control push-
pull cables during flight prompted operators to descend to a lower 
altitude (higher temperature) to melt off any build-up. Such build-up 
of ice on the engine control push-pull cables, if not corrected, could 
result in friction or jamming of the engine controls, and consequent 
reduced controllability of the airplane.

Actions Since Issuance of Previous Proposal

    When the previous NPRM was issued, the FAA indicated that the 
actions proposed in that NPRM were considered interim action and that 
further rulemaking action was being considered. The manufacturer now 
has developed a modification, which, when accomplished, would terminate 
the requirement for repetitive lubrication of the engine control push-
pull cables. Consequently, the FAA has determined that further 
rulemaking action is indeed necessary in order to address the unsafe 
condition and ensure the continued safe operation of those airplanes; 
this

[[Page 4371]]

supplemental NPRM follows from that determination.

New Service Information

    Dornier has issued Service Bulletin SB-328-76-254, dated June 30, 
1998, and Revision 1, dated August 6, 1998, that describe procedures 
for installation of heating tubes on the control cables in the cockpit 
area. Dornier also has issued Service Bulletin SB-328-76-267, Revision 
1, dated September 25, 1998, and Revision 2, dated October 8, 1998, 
that describe procedures for installation of heating tubes on the 
control cables in the left-hand and right-hand engine balconies. 
Installation of heating tubes on the control cables in accordance with 
those service bulletins would eliminate the need for repetitive 
lubrication of the engine control push-pull cables. The Luftfahrt-
Bundesamt (LBA), which is the airworthiness authority for Germany, 
classified these service bulletins as mandatory and issued German 
airworthiness directive 1997-148/6, dated December 3, 1998, in order to 
assure the continued airworthiness of these airplanes in Germany.

Conclusion

    Since this change expands the scope of the originally proposed rule 
by proposing to add a requirement to install heating tubes on the 
control cables of the cockpit area and in the left-hand and right-hand 
engine balconies, the FAA has determined that it is necessary to reopen 
the comment period to provide additional opportunity for public 
comment.

Cost Impact

    The FAA estimates that 50 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 4 work 
hours per airplane to accomplish the proposed lubrication, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact on U.S. operators is estimated to be $12,000, or $240 per 
airplane.
    The FAA estimates that the installation of heating tubes on the 
control cables proposed in this AD action would take approximately 50 
work hours per airplane to accomplish, and that the average labor rate 
is $60 per work hour. Required parts would be supplied by the 
manufacturer at no cost to the operators. Based on these figures, the 
cost impact on U.S. operators is estimated to be $150,000, or $3,000 
per airplane.
    The cost impact figures discussed above are 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-157-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 ice from building up on the engine control push-pull 
cables, which could result in friction or jamming of the engine 
controls, and consequent reduced controllability of the airplane, 
accomplish the following:
    (a) Within 2 months after the effective date of this AD, 
lubricate the engine control push-pull cables in accordance with 
Dornier Alert Service Bulletins ASB-328-76-022, dated December 22, 
1997, and ASB-328-76-015, Revision 3, dated January 9, 1998. Repeat 
the lubrication thereafter at intervals not to exceed 300 flight 
hours until the actions required by paragraph (b) of this AD are 
accomplished.
    (b) Within 6 months after the effective date of this AD, 
accomplish the actions specified in paragraphs (b)(1) and (b)(2) of 
this AD. Accomplishment of these actions constitutes terminating 
action for the repetitive lubrication requirement of paragraph (a) 
of this AD.
    (1) Install heating tubes on the control cables in the cockpit 
area in accordance with Dornier Service Bulletin SB-328-76-254, 
dated June 30, 1998, or Revision 1, dated August 6, 1998.
    (2) Install heating tubes on the control cables in the left and 
right engine balconies in accordance with Dornier Service Bulletin 
SB-328-76-267, Revision 1, dated September 25, 1998, or Revision 2, 
dated October 8, 1998.
    (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.

    Note 3: The subject of this AD is addressed in German 
airworthiness directives 1998-105, dated January 30, 1998, and 1997-
148/6, dated December 3, 1998.


[[Page 4372]]


    Issued in Renton, Washington, on January 21, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-1978 Filed 1-27-99; 8:45 am]
BILLING CODE 4910-13-U