[Federal Register Volume 66, Number 35 (Wednesday, February 21, 2001)]
[Rules and Regulations]
[Pages 10963-10965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4048]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-19-AD; Amendment 39-12122; AD 2001-04-04]
RIN 2120-AA64


Airworthiness Directives; Dornier Luftfahrt GMBH Models 228-100, 
228-101, 228-200, 228-201, 228-202, and 228-212 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all Dornier Luftfahrt GMBH (Dornier) Models 228-100, 228-
101, 228-200, 228-201, 228-202, and 228-212 airplanes that have 
windshield spray nozzle option SCN 3109 installed. This AD requires you 
to deactivate the windshield spray nozzle heating elements. This AD is 
the result of mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for Germany. The actions 
specified by this AD are intended to prevent the windshield spray 
nozzle heating system from overheating, which could result in smoke in 
the cockpit and prompt the crew to initiate emergency actions.

EFFECTIVE DATE: This AD becomes effective on April 6, 2001.

ADDRESSES: You may get the service information referenced in this AD 
from Dornier Luftfahrt GmbH, Product Support, P.O. Box 1103, D-82230 
Wessling, Federal Republic of Germany; telephone: (08153) 302631; 
facsimile: (08153) 304463. You may examine this information at the 
Federal Aviation Administration (FAA), Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 99-CE-19-AD, 901 Locust, 
Room 506, Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The Luftfahrt-Bundesamt (LBA), 
which is the airworthiness authority for Germany, notified FAA that an 
unsafe condition may exist on all Dornier Models 228-100, 228-101, 228-
200, 228-201, 228-202, and 228-212

[[Page 10964]]

airplanes. The LBA reported an incident where the windshield spray 
nozzle overheated and generated smoke in the cockpit. This prompted the 
crew to initiate an emergency evacuation during engine start.
    The airplane had windshield spray nozzle option SCN 3109 installed.
    What are the consequences if the condition is not corrected? If 
this system overheats, smoke could enter the cockpit and prompt the 
crew to initiate emergency actions.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all Dornier Models 228-100, 228-101, 
228-200, 228-201, 228-202, and 228-212 airplanes that have windshield 
spray nozzle option SCN 3109 installed.
    This proposal was published in the Federal Register as a notice of 
proposed rulemaking (NPRM) on October 26, 2000 (65 FR 64176). The NPRM 
proposed to require you to deactivate the windshield spray nozzle 
heating elements.
    Was the public invited to comment? Interested persons were afforded 
an opportunity to participate in the making of this amendment. We have 
given due consideration to the comment received.

Comment Disposition

    What is the commenter's concern? Dornier requests that FAA withdraw 
the AD because no airplanes on the U.S. Register have windshield spray 
nozzle option SCN 3109 installed and, therefore no airplanes are 
subject to the AD.
    What is FAA's response to the concern? We do not concur. Although 
there may not be any airplanes on the U.S. Register that have this 
installation, the AD is still justified. Issuing an AD is the only way 
to assure that:

--The installation is not incorporated on any U.S.-registered airplane 
in the future; or
--The actions are accomplished on any airplane that is imported from 
another country and placed on the U.S. Register.

    We have not changed the AD as a result of this comment. We have 
modified the Cost Impact section of this document to reflect the 
information that Dornier provided.

The FAA's Determination

    What is FAA's Final Determination on this Issue? After careful 
review of all available information related to the subject presented 
above, we have determined that air safety and the public interest 
require the adoption of the rule as proposed except for minor editorial 
corrections. We determined that these minor corrections:

--Will not change the meaning of the AD; and
--Will not add any additional burden upon the public than was already 
proposed.

Cost Impact

    How many airplanes does this AD impact? We estimate that 9 
airplanes in the U.S. registry could have windshield spray nozzle 
option 3109 installed. Based on information received from Dornier, none 
of these 9 airplanes incorporate this option.
    Therefore, this AD imposes no cost impact at this time on U.S. 
owners/operators of these airplanes. The following presents cost data 
if an airplane with this option installed was imported from another 
country and placed on the U.S. Register:

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              Labor cost                         Parts cost                     Total cost per airplane
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1 workhour  x  $60 per hour = $60....  Not applicable...............  $60 per airplane.
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Regulatory Impact

    Does this AD impact various entities? The regulations adopted 
herein will not have a substantial direct effect 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, it is determined that this final rule does not 
have federalism implications under Executive Order 13132.
    Does this AD involve a significant rule or regulatory action? 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 copy 
of the final 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.

Adoption of the Amendment

    Accordingly, under 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. FAA amends Sec. 39.13 by adding a new AD to read as follows:

2001-04-04  Dornier Luftfahrt Gmbh: Amendment 39-12122; Docket No. 
99-CE-19-AD.

    (a) What airplanes are affected by this AD? This AD affects 
Models 228-100, 228-101, 228-200, 228-201, 228-202, and 228-212 
airplanes, all serial numbers, that:
    (1) are certificated in any category; and
    (2) have windshield spray nozzle option SCN 3109 installed.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent the windshield spray nozzle heating 
system from overheating, which could result in smoke in the cockpit 
and prompt the crew to initiate emergency actions.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

[[Page 10965]]



------------------------------------------------------------------------
           Action                Compliance time         Procedures
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(1) Deactivate the            Within the next 100   Dornier All
 windshield spray nozzle       hours time-in-        Operators Telefax
 heating elements by cutting   service (TIS) after   (AOT) No. AOT-228-
 wire ME16F20 at the splice    April 6, 2001 (the    30-022, dated
 at frame 7. Cap (MS2574-2     effective date of     September 9, 1998,
 caps) and stow cables.        this AD), unless      references this
                               already               action.
                               accomplished.
(2) Do not install, on any    As of April 6, 2001   Not Applicable.
 affected airplane,            (the effective date
 windshield spray nozzle       of this AD).
 option SCN 3109.
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    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.

    Note 1: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 (e) 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Karl M. Schletzbaum, 
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4146; 
facsimile: (816) 329-4090.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may obtain copies of the documents referenced in this AD from 
Dornier Luftfahrt GmbH, Product Support, P.O. Box 1103, D-82230 
Wessling, Federal Republic of Germany; telephone: (08153) 302631; 
facsimile: (08153) 304463. You may examine these documents at FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri 64106.

    Note 2: The subject of this AD is addressed in German AD Number 
1999-030/2, dated April 8, 1999.

    (i) When does this amendment become effective? This amendment 
becomes effective on April 6, 2001.

    Issued in Kansas City, Missouri, on February 8, 2001.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 01-4048 Filed 2-20-01; 8:45 am]
BILLING CODE 4910-13-P