[Federal Register Volume 69, Number 197 (Wednesday, October 13, 2004)]
[Rules and Regulations]
[Pages 60804-60807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22562]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-294-AD; Amendment 39-13820; AD 2004-20-15]
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 supersedes an existing airworthiness directive 
(AD), applicable to all Dornier Model 328-100 series airplanes, that 
currently requires certain revisions to the airplane flight manual, 
replacement of certain de-icing boots in the air intake duct assemblies 
of the engine with re-designed units, repetitive inspections of the 
boots to find discrepancies, and corrective action if necessary. This 
amendment also requires modification of the engine air inlet de-icing 
system. This action extends the repetitive inspection interval required 
by the existing AD, and adds repetitive debonding/delamination and 
leakage inspections of the de-icing boots, and corrective action if 
necessary. Initiation of the extended repetitive inspections and new 
repetitive inspections ends the repetitive inspections required by the 
existing AD. The actions specified by this AD are intended to prevent 
engine malfunction due to failure of the engine air inlet de-icing 
system, which could result in reduced controllability of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Effective November 17, 2004.
    The incorporation by reference of certain publications, as listed 
in the regulations, is approved by the Director of the Federal Register 
as of November 17, 2004.
    The incorporation by reference of certain other publications, as 
listed in the regulations, was approved previously by the Director of 
the Federal Register as of April 6, 1995 (60 FR 15037, March 22, 1995).

ADDRESSES: The service information referenced in this AD may be 
obtained from AvCraft Aerospace 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 National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1503; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 95-04-51, 
amendment 39-9179 (60 FR 15037, March 22, 1995), which is applicable to 
all Dornier Model 328-100 series airplanes, was published in the 
Federal Register on April 1, 2004 (69 FR 17097). The action proposed to 
continue to require the revisions to the AFM, replacement of certain 
de-icing boots in the air intake duct assemblies of the engine with re-
designed units, and repetitive inspections of the boots to find 
discrepancies, and corrective action if necessary. The action also 
would require modification of the engine air inlet de-icing system, and 
would add a new AFM revision which changes the compliance time for the 
functional test required by the existing AD. The proposed action would 
extend the repetitive inspection interval required by the existing AD, 
and would add repetitive debonding/delamination and leakage inspections 
of the de-icing boots, and corrective action if necessary. Initiation 
of the extended repetitive inspections and new repetitive inspections 
would end the repetitive inspections required by the existing AD.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been submitted in response to 
the proposed AD or on the determination of the cost to the public.

Conclusion

    We have determined that air safety and the public interest require 
the adoption of the AD as proposed.

Clarification of Inspection

    We have updated the definition of the detailed inspection in Note 1 
of the AD to reflect our current definition.

Cost Impact

    There are about 53 airplanes of U.S. registry that will be affected 
by this AD.
    The AFM revision currently required by AD 95-04-51 takes about 1 
work hour per airplane to accomplish, at an average labor rate of $65 
per work hour. Based on these figures, the cost impact of the currently 
required AFM revision is estimated to be $65 per airplane.
    The inspections currently required by AD 95-04-51 take about 1 work 
hour per airplane to accomplish, at an average labor rate of $65 per 
work hour. Based on these figures, the cost impact of the currently 
required inspections is estimated to be $65 per airplane, per 
inspection cycle.
    The replacement currently required by AD 95-04-51 takes about 5 
work hours per airplane to accomplish, at an average labor rate of $65 
per work hour. Required parts will cost about $55,000 per airplane. 
Based on these figures, the cost impact of the currently required 
replacement is estimated to be $55,325 per airplane.
    The modification required in this AD action will take about 10 work 
hours per

[[Page 60805]]

airplane to accomplish, at an average labor rate of $65 per work hour. 
Required parts will be free of charge. Based on these figures, the cost 
impact of the required modification on U.S. operators is estimated to 
be $34,450, or $650 per airplane.
    The inspection/debonding/delamination and leakage inspection 
required in this AD action will take about 1 work hour per airplane to 
accomplish, at an average labor rate of $65 per work hour. Based on 
these figures, the cost impact of the required inspection on U.S. 
operators is estimated to be $3,445, or $65 per airplane, per 
inspection cycle.
    The cost impact figures discussed above are 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. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    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.
    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

0
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

0
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]

0
2. Section 39.13 is amended by removing amendment 39-9179 (60 FR 15037, 
March 22, 1995), and by adding a new airworthiness directive (AD), 
amendment 39-13820, to read as follows:

2004-20-15 Fairchild Dornier Gmbh (Formerly Dornier Luftfahrt GmbH): 
Amendment 39-13820. Docket 2002-NM-294-AD. Supersedes AD 95-04-51, 
Amendment 39-9179.

    Applicability: All Model 328-100 series airplanes, certificated 
in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent engine malfunction due to failure of the engine air 
inlet de-icing system, which could result in reduced controllability 
of the airplane, accomplish the following:

Restatement of Certain Requirements of AD 95-04-01

AFM Revision

    (a) For all airplanes: Within 24 hours after April 6, 1995 (the 
effective date of AD 95-04-51, amendment 39-9179), accomplish 
paragraphs (a)(1), (a)(2), and (a)(3) of this AD.
    (1) Revise the Limitations Section of the FAA-approved Airplane 
Flight Manual (AFM) by inserting the following limitation in the 
AFM. This may be accomplished by inserting a copy of this AD in the 
AFM.
    ``During flight, if the `ENG DEICE FAIL' electronic indication 
and caution advisory system (EICAS) annunciation activates for 
either engine, flight into known or forecast icing conditions is 
prohibited.''
    (2) Revise the Abnormal Procedures Section of the FAA-approved 
AFM by removing page 4, dated September 1, 1994, of section 04-12-
00, and replacing it with the following. This may be accomplished by 
inserting a copy of this AD in the AFM.
    ``1. Icing Conditions--Exit immediately. If unable, land at 
nearest suitable airport.''
    (3) Revise the Limitations Section of the FAA-approved AFM to 
include the following functional test. This may be accomplished by 
inserting a copy of this AD in the AFM. Continue to do the 
functional test until the AFM revision required by paragraph (e) of 
this AD is done.
    ``Accomplish the following test at the applicable time specified 
as follows:
    For airplanes equipped with air intake duct assemblies having 
de-icing boots with part numbers (P/Ns) 29S-5D5240-21, -23, and -25: 
As of 24 hours after the effective date of AD 95-04-51, accomplish 
the functional test prior to each flight.
    For airplanes equipped with air intake duct assemblies having 
de-icing boots with P/Ns 29S-5D5240-211 (inlet lip), -231 (bypass 
duct), and -251 (aft ramp duct): Accomplish the functional test 
within 24 hours after the effective date of AD 95-04-51, and 
thereafter at daily intervals.
    Perform a functional test of the de-icing system of the air 
intake ducts of the left and right engines to determine the 
condition of the system, in accordance with the procedures specified 
below. Flight crew or maintenance personnel shall perform this test.

Functional Test of the De-Icing System

    With engines running at idle power, display and monitor the `ICE 
PROTECT' system page of the electronic indication and caution 
advisory system (EICAS), select left and right `ENGINE INTAKE' 
pushbuttons in (`ON'), for a minimum of 60 seconds. Monitor system 
page for normal indications of one complete boot inflation and 
deflation cycle. Monitor EICAS for normal messages, and absence of 
`ENG DEICE FAIL' caution.
    After 60 seconds and observation of one complete inflation/
deflation cycle, release `ENGINE INTAKE' pushbuttons to out (`OFF') 
position, confirm absence of system page and EICAS cautions, and 
deselect `ICE PROTECT' system page. At completion of check, `ENGINE 
INTAKE' pushbuttons may be turned back on if required for departure.
    If any EICAS `ENG DEICE FAIL' annunciation is observed, or if 
system normal inflate and deflate cycling is not observed: The 
system shall be considered inoperative. Prior to further flight, the 
detailed visual and tactile inspections required by paragraph (b) of 
AD 95-04-51 must be accomplished.
    If no discrepancy with the de-icing boots is found during these 
inspections, the de-icing system may be inoperative for a period of 
time not to exceed that specified in the DO-328 Master Minimum 
Equipment List (MMEL). Flight into known or forecast icing 
conditions is prohibited.''

Repetitive Inspections/Corrective Action

    (b) For airplanes equipped with air intake duct assemblies 
having de-icing boots with part numbers (P/N) 29S-5D5240-21, -23, 
and -25: Accomplish paragraphs (b)(1) and (b)(2) of this AD at the 
times specified in those paragraphs.
    (1) Within 24 hours after April 6, 1995: Perform a detailed 
inspection and a tactile inspection of the de-icing boots in the air 
intake ducts on the engines to find flat spots, softness, or other 
discrepancies, and to ensure that the edges of the de-icing boots 
are sealed properly, in accordance with Dornier Service Bulletin SB-
328-30-020, dated March 17, 1994.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate.

[[Page 60806]]

Inspection aids such as mirror, magnifying lenses, etc., may be 
necessary. Surface cleaning and elaborate procedures may be 
required.''

    (i) If no discrepancies are found and the edges of the de-icing 
boots are sealed properly (no debonding between the boot and the 
intake duct), repeat the detailed and tactile inspections required 
by paragraph (b)(1) of this AD thereafter at daily intervals until 
accomplishment of the modification required by paragraph (f) of this 
AD.
    (ii) If any discrepancy is found, or if any edge of a de-icing 
boot is sealed improperly (debonding between the boots and the 
intake duct), prior to further flight, replace all three de-icing 
boots having P/Ns 29S-5D5240-21, -23, and -25, with three new units 
having P/Ns 29S-5D5240-211, -231, and -251, in accordance with the 
procedures specified in Dornier Alert Service Bulletin ASB-328-71-
006, Revision 1, dated February 16, 1995.
    (2) Within 5 days after April 6, 1995, replace all three de-
icing boots having P/Ns 29S-5D5240-21, -23, and -25, with three new 
units having P/Ns 29S-5D5240-211, -231, and -251, in accordance with 
Dornier Alert Service Bulletin ASB-328-71-006, Revision 1, dated 
February 16, 1995. Following such replacement, perform the detailed 
and tactile inspections and the functional tests required by 
paragraphs (c) and (e) of this AD, respectively, in accordance with 
the times and procedures specified in those paragraphs.
    (c) For airplanes equipped with air intake duct assemblies 
having de-icing boots with P/Ns 29S-5D5240-211, -231, and -251: 
Within 7 days after April 6, 1995, perform a detailed inspection and 
a tactile inspection of the de-icing boots in the air intake ducts 
on the engines to find flat spots, softness, or other discrepancies, 
and to ensure that the edges of the de-icing boots are sealed 
properly, in accordance with the procedures specified in Dornier 
Service Bulletin SB-328-30-020, dated March 17, 1994.
    (1) If no discrepancies are found and the edges of the de-icing 
boots are sealed properly (no debonding between the boot and the 
intake duct): Repeat the detailed and tactile inspections required 
by paragraph (c) of this AD thereafter at intervals not to exceed 7 
days until accomplishment of the modification required by paragraph 
(f) of this AD.
    (2) If any discrepancy is found, or if any edge of a de-icing 
boot is sealed improperly (debonding between the boots and the 
intake duct): Prior to further flight, replace all three de-icing 
boots with three new units having P/Ns 29S-5D5240-211, -231, and -
251, in accordance with Dornier Alert Service Bulletin ASB-328-71-
006, Revision 1, dated February 16, 1995.

Parts Installation

    (d) As of April 6, 1995, no de-icing boot having P/N 29S-5D5240-
21, -23, or -25 shall be installed on any airplane.

New Requirements of This AD

AFM Revision

    (e) Within 24 hours after the effective date of this AD: Revise 
the Limitations Section of the AFM to include the following 
functional test. This may be accomplished by inserting a copy of 
this AD into the AFM. Accomplishment of this paragraph ends the 
requirements of paragraph (a)(3) of this AD, and the AFM revision 
required by that paragraph may be removed from the AFM.
    ``Accomplish the following test within 24 hours after the 
effective date of this AD. Repeat the test thereafter at daily 
intervals.
    Perform a functional test of the de-icing system of the air 
intake ducts of the left and right engines to determine the 
condition of the system, in accordance with the procedures specified 
below. Flight crew or maintenance personnel shall perform this test.

Functional Test of the De-Icing System

    With engines running at idle power, display and monitor the `ICE 
PROTECT' system page of the electronic indication and caution 
advisory system (EICAS), select left and right `ENGINE INTAKE' 
pushbuttons in (`ON'), for a minimum of 60 seconds. Monitor system 
page for normal indications of one complete boot inflation and 
deflation cycle. Monitor EICAS for normal messages, and absence of 
`ENG DEICE FAIL' caution.
    After 60 seconds and observation of one complete inflation/
deflation cycle, release `ENGINE INTAKE' pushbuttons to out (`OFF') 
position, confirm absence of system page and EICAS cautions, and 
deselect ``ICE PROTECT' system page. At completion of check, 
``ENGINE INTAKE' pushbuttons may be turned back on if required for 
departure.
    If any EICAS `ENG DEICE FAIL' annunciation is observed, or if 
system normal inflate and deflate cycling is not observed: The 
system shall be considered inoperative. Prior to further flight, the 
detailed inspections required by paragraph (g) of this AD must be 
accomplished.
    If no discrepancy with the de-icing boots is found during these 
inspections, the de-icing system may be inoperative for a period of 
time not to exceed that specified in the DO-328 Master Minimum 
Equipment List (MMEL). Flight into known or forecast icing 
conditions is prohibited.''

Modification of the Engine Air Intake De-icing System

    (f) Within 60 flight hours after the effective date of this AD: 
Modify the engine air inlet de-icing system (including a one-time 
detailed inspection and a debonding/delamination and leakage 
inspection) by doing all the actions (including any applicable 
corrective action) per the Accomplishment Instructions of Dornier 
Service Bulletin SB-328-71-125, Revision 3; and by doing all the 
actions per the Accomplishment Instructions of Dornier Service 
Bulletin SB-328-71-122, Revision 1; both dated May 10, 1999. Do any 
applicable corrective action before further flight per the 
applicable service bulletin.

    Note 2: The de-icing boots approved for installation on the 
modified engine inlet assembly are specified in paragraph 3., 
``Material Information,'' of the Accomplishment Instructions of 
Dornier Service Bulletin SB-328-30-432, dated April 26, 2002.


    Note 3: Dornier Service Bulletin SB-328-71-122, Revision 1, 
dated May 10, 1999, references Westland Aerospace Limited Service 
Bulletin SB-WAL328-71-122, dated September 25, 1995, as an 
additional source of service information for modification of the air 
intake ducts; and Dornier Service Bulletin SB-328-71-125, Revision 
3, dated May 10, 1999, references Westland Aerospace Limited Service 
Bulletin SB-WAL328-71-125, Revision 1, dated September 25, 1995, as 
an additional source of service information for installation of the 
cover plate of the bypass duct outlet.

Repetitive Inspections

    (g) Within 60 flight hours after accomplishment of paragraph (f) 
of this AD: Do a detailed inspection of the engine air inlet de-
icing boots to find discrepancies (including flat or soft spots in 
concave sections, defects on the de-icing boots, or improper 
sealing), per paragraph 2.B.1. of the Accomplishment Instructions of 
Dornier Service Bulletin SB-328-30-432, dated April 26, 2002. Do any 
applicable corrective action before further flight per the service 
bulletin. Repeat the inspection thereafter at intervals not to 
exceed 60 flight hours.
    (h) Within 400 flight hours after accomplishment of paragraph 
(f) of this AD: Do a debonding/delamination and leakage inspection 
of the engine air inlet de-icing boots by doing all the applicable 
actions per the Accomplishment Instructions of Dornier Service 
Bulletin SB-328-30-432, dated April 26, 2002. Do any applicable 
corrective action before further flight per the service bulletin. 
Repeat the inspection thereafter at intervals not to exceed 400 
flight hours.
    (i) Initiation of the repetitive inspections required by 
paragraphs (g) and (h) of this AD terminates the repetitive 
inspections required by paragraphs (b) and (c) of this AD.

No Reporting Required

    (j) Where Dornier Service Bulletin SB-328-30-432, dated April 
26, 2002, describes procedures for completing a reporting sheet with 
inspection results, this AD does not require that action.

Alternative Methods of Compliance

    (k)(1) In accordance with 14 CFR 39.19, the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
is authorized to approve alternative methods of compliance for this 
AD.
    (2) Alternative methods of compliance, approved previously in 
accordance with AD 95-04-51, amendment 39-9179, are not considered 
to be approved as alternative methods of compliance with this AD.

Incorporation by Reference

    (l) Unless otherwise specified in this AD, the actions shall be 
done in accordance with the service bulletins listed in Table 1 of 
this AD, as applicable:

[[Page 60807]]



                  Table 1.--Incorporation by Reference
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       Service bulletin            Revision                Date
------------------------------------------------------------------------
Dornier Alert Service          1...............  February 16, 1995.
 Bulletin ASB-328-71-006.
Dornier Service Bulletin SB-   Original........  March 17, 1994.
 328-30-020.
Dornier Service Bulletin SB-   Original........  April 26, 2002.
 328-30-432.
Dornier Service Bulletin SB-   1...............  May 10, 1999.
 328-71-122.
Dornier Service Bulletin SB-   3...............  May 10, 1999.
 328-71-125.
------------------------------------------------------------------------

    (1) The incorporation by reference of the service bulletins 
listed in Table 2 of this AD is approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51:

     Table 2.--New Service Bulletins for Incorporation by Reference
------------------------------------------------------------------------
       Service bulletin            Revision                Date
------------------------------------------------------------------------
Dornier Service Bulletin SB-   Original........  April 26, 2002.
 328-30-432.
Dornier Service Bulletin SB-   1...............  May 10, 1999.
 328-71-122.
Dornier Service Bulletin SB-   3...............  May 10, 1999.
 328-71-125.
------------------------------------------------------------------------

    (2) The incorporation by reference of the service bulletins 
listed in Table 3 of this AD was approved previously by the Director 
of the Federal Register as of April 6, 1995 (60 FR 15037, March 22, 
1995):

    Table 3.--Service Bulletins Previously Incorporated by Reference
------------------------------------------------------------------------
       Service bulletin            Revision                Date
------------------------------------------------------------------------
Dornier Alert Service          1...............  February 16, 1995.
 Bulletin ASB-328-71-006.
Dornier Service Bulletin SB-   Original........  March 17, 1994.
 328-30-020.
------------------------------------------------------------------------

    (3) Copies may be obtained from AvCraft Aerospace 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 National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Note 4: The subject of this AD is addressed in German 
airworthiness directives 1995-156/3, dated July 1, 1999; and 2002-
256, dated September 5, 2002.

Effective Date

    (m) This amendment becomes effective on November 17, 2004.

    Issued in Renton, Washington, on September 30, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-22562 Filed 10-12-04; 8:45 am]
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