[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Rules and Regulations]
[Pages 48282-48284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22923]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-112-AD; Amendment 39-11287; AD 99-18-21]
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 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 amendment is prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The actions specified by this 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: Effective October 8, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 8, 1999.

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), 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 all Dornier Model 328-100 series 
airplanes was published in the Federal Register on May 28, 1998 (63 FR 
29150). That action proposed to 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.

Comments Received

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Revise Applicability of Proposed AD

    The manufacturer requests that the applicability statement of the 
proposed AD be limited only to airplanes on which Dornier Alert Service 
Bulletin ASB-328-30-013, Revision 1, dated February 21, 1997 has not 
been accomplished. This service bulletin was referenced in the proposed 
AD as the appropriate source of service information for accomplishment 
of the inspection. The manufacturer provides a compliance record of 
those airplanes on which the alert service bulletin has been 
accomplished, stating that 46 of 50 affected U.S.-registered airplanes 
are in full compliance with the referenced alert service bulletin, and 
that the remaining airplanes are scheduled to comply soon. The 
manufacturer notes that it continually strives to encourage compliance 
of manufacturer-recommended service bulletins. However, limiting the 
applicability as stated would encourage operators to follow its 
recommendations in the future.
    The FAA concurs with the commenter's request. The FAA notes that 
such a change to the applicability is not strictly necessary, since the 
Compliance portion of the AD states ``Required as indicated, unless 
accomplished previously''. However, if the actions required by this AD 
have been accomplished on an airplane, that airplane is no longer 
subject to the unsafe condition that these requirements are intended to 
prevent, and does not need to be included in the applicability of this 
AD. The FAA has limited the applicability of the final rule to exclude 
airplanes on which Dornier Alert Service Bulletin ASB-328-30-013, 
Revision 1, dated February 21, 1997, has been accomplished.

Request To Include Manufacturer's Approved Repairs

    One commenter states that the wording in paragraph (b) of the 
proposed AD places the FAA into an active role of participating in the

[[Page 48283]]

inspection task, and requests that the FAA revise the paragraph to 
specifically reference or incorporate troubleshooting instructions that 
respond to a finding of a ``typical malfunction.'' Paragraph (b) of the 
proposed AD requires, ``prior to further flight, repair of the EICAS in 
accordance with a method approved by the FAA''. Since operators 
routinely schedule AD-related tasks on weekends or overnights, it is 
most likely that an operator who finds a discrepancy or has an 
unconfirmed discrepancy will incur a sizable delay or cancellation, 
because the responsible FAA staff cannot be contacted in time. The 
commenter suggests that the FAA obtain the additional repair 
instructions by coordinating this request with the airplane 
manufacturer prior to issuance of the final rule.
    The FAA does not concur with the commenter's request. Specific 
repair instructions were not included in the referenced service 
bulletin, and were not made available by the manufacturer following 
issuance of the NPRM, so cannot be included in this AD. However, in 
light of the type of repair that would be required to address the 
identified unsafe condition, and in consonance with existing bilateral 
airworthiness agreements with Germany, the FAA has determined that, for 
this AD, repairs may also be approved by the Luftfahrt-Bundesamt (LBA) 
(or its delegated agent), which is the airworthiness authority for 
Germany. Allowing repairs to be approved by the LBA will provide 
operators with additional means to quickly obtain an approved repair. 
Paragraph (b) of the final rule has been revised accordingly.

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 described 
previously. 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 50 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 inspection, and that the average 
labor rate is $60 per work hour. Based on these figures, the cost 
impact of the 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 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:

99-18-21  Dornier Luftfahrt GmbH: Amendment 39-11287. Docket 98-NM-
112-AD.

    Applicability: Model 328-100 series airplanes, except those on 
which Dornier Alert Service Bulletin ASB-328-30-013, Revision 1, 
dated February 21, 1997, has been accomplished; certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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, or the Luftfahrt-Bundesamt (or its delegated agent).
    (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.
    (e) The inspection shall be done in accordance with Dornier 
Alert Service Bulletin ASB-328-30-013, Revision 1, dated February 
21, 1997. 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

[[Page 48284]]

Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in German 
airworthiness directive 97-066, dated March 13, 1997.

    (f) This amendment becomes effective on October 8, 1999.

    Issued in Renton, Washington, on August 27, 1999.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-22923 Filed 9-2-99; 8:45 am]
BILLING CODE 4910-13-P