[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Proposed Rules]
[Pages 34590-34592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16327]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-102-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 a revision to the FAA-
approved Airplane Flight Manual (AFM) to prohibit in-flight operation 
of the auxiliary power unit (APU). This proposal also would require 
inspection of the APU fire extinguisher discharge cartridge for 
corrosion, and replacement of the discharge cartridge with a new 
cartridge, if necessary; and modification of the fire extinguishing 
system tube assembly. Accomplishment of these actions would terminate 
the AFM revision. This proposal is promoted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified by the proposed AD are intended to 
detect and correct contamination of the APU fire extinguisher discharge 
cartridge, which could result in operational failure of the APU fire 
extinguisher.

DATES: Comments must be received by July 28, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-102-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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) 277-1149.

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 99-NM-102-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. 99-NM-102-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified the FAA that an unsafe condition may 
exist on certain Dornier Model 328-100 series airplanes. The LBA 
advises that, during maintenance of a Dornier Model 328-100 series 
airplane, the auxiliary power unit (APU) fire extinguisher could not be 
activated due to contamination of the discharge cartridge with fluids. 
The existing design of the fire extinguishing system does not allow for 
adequate fluid drainage. This condition, if not corrected, could result 
in operational failure of the APU fire extinguisher.

Explanation of Relevant Service Information

    Dornier has issued Alert Service Bulletin (ASB-328-26-026, dated 
February 1, 1999, which describes procedures for prohibiting in-flight 
operation of the APU until accomplishment of an inspection of the APU 
fire extinguisher discharge cartridge and modification of the fire 
extinguishing system tube assembly. The service bulletin also describes 
procedures for inspection of the APU fire extinguisher discharge 
cartridge for corrosion, and replacement of the discharge cartridge 
with a new cartridge, if necessary; and modification of the fire 
extinguishing system tube assembly. The modification involves drilling 
a drain hole in the deepest point of the fire extinguishing system tube 
assembly. 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 1999-057, dated February 24, 
1999, 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 
certified for

[[Page 34591]]

operation in the United States under the provisions of Sec. 21.219 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 this 
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. The 
proposed AD also would require a revision to the Limitations Section of 
the FAA-approved Airplane Flight Manual (AFM) to prohibit in-flight 
operation of the APU.

Cost Impact

    The FAA estimates that 46 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 revision to the AFM, at an average labor rate of $60 per 
work hour. Based on these figures, the cost impact of the AFM revision 
proposed by this AD on U.S. operators is estimated to be $2,760, or $60 
per airplane.
    It would take approximately 1 work hour per airplane to accomplish 
the proposed inspection and modification, at an average labor rate is 
$60 per work hour. Based on these figures, the cost impact of the 
inspection and modification proposed by this AD on U.S. operators is 
estimated to be $2,760, or $60 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 ``significantly 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 99-NM-102-AD.

    Applicability: Model 328-100 series airplanes, as listed in 
Dornier Alert Service Bulletin ASB-328-26-026, dated February 1, 
1999, 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 detect and correct contamination of the auxiliary power unit 
(APU) fire extinguisher discharge cartridge, which could result in 
operational failure of the APU fire extinguisher, accomplish the 
following:

Airplane Flight Manual Revision

    (a) Within 10 days after the effective date of this AD, revise 
the Limitations Section of the FAA-approved Dornier 328-100 Airplane 
Flight Manual (AFM), Supplement 001, to include the following 
statement. This may be accomplished by inserting a copy of this AD 
in the AFM.
    ``In-flight operation of the APU is prohibited.''

Inspection and Modification

    (b) Within 2 months after the effective date of this AD, 
accomplish the actions specified in paragraphs (b)(1) and (b)(2) of 
this AD in accordance with Dornier Alert Service Bulletin ASB-328-
26-026, dated February 1, 1999. After accomplishment of those 
actions, the AFM revision required by paragraph (a) of this AD may 
be removed, except as provided by paragraph (b)(1)(ii) of this AD.
    (1) Inspect the APU fire extinguisher discharge cartridge for 
signs of corrosion.
    (i) If no corrosion is detected, prior to further flight, clean 
and dry the discharge cartridge for re-installation.
    (ii) If any corrosion is detected, prior to further flight, 
replace the discharge cartridge with a new part; except, if a new 
part is not available, the discharge cartridge may be re-installed 
and the AFM revision required by paragraph (a) of this AD may NOT be 
removed.
    (2) Modify the fire extinguishing system tube assembly by 
drilling a drain hole.

Alternative Methods of Compliance

    (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 inspection, replacement, and modification 
requirements of this AD are addressed in German airworthiness 
directive 1999-057, dated February 24, 1999.


[[Page 34592]]


    Issued in Renton, Washington, on June 22, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-16327 Filed 6-25-99; 8:45 am]
BILLING CODE 4910-13-U