Airworthiness Directives; Dornier Model 328-100 Series Airplanes

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-366-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 one-time inspection to

measure the offset of the de-icing tubing adjacent to the refueling

panel on the right-hand wing, and replacement with new improved tubing,

if necessary. This proposal is prompted by issuance of mandatory

continuing airworthiness information by a foreign civil airworthiness

authority. The actions specified by the proposed AD are intended to

prevent a blockage in the de-icing tubing which could result in a

malfunction of the de-icing boot. This malfunction would be unknown to

the flight crew, and could lead to reduced controllability of the

airplane during flight in icing conditions.

DATES: Comments must be received by August 16, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation

Administration (FAA), Transport Airplane Directorate, ANM-114,

Attention: Rules Docket No. 98-NM-366-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-366-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-366-AD, 1601 Lind Avenue, SW., Renton, Washington

98055-4056.

Discussion

The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority

for Germany, notified the FAA that an unsafe condition may exist on

certain Dornier Model 328-100 series airplanes. The LBA advises that a

water trap in the de-icing tubing could cause a blockage inside the

tubing if water in the trap freezes. The manufacturer has told the FAA

that water, which penetrates through small cracks and holes in the de-

icing boot, would be collected in the water trap. A blockage in the de-

icing tubing could result in a malfunction of the de-icing boot. This

malfunction would be unknown to the flight crew. This condition, if not

corrected, could result in reduced controllability of the airplane when

flying in icing conditions.

Explanation of Relevant Service Information

Dornier has issued Service Bulletin SB-328-30-265, dated July 24,

1998, which describes procedures for a one-time detailed inspection of

the de-icing tubing adjacent to the refueling panel on the right-hand

wing, and replacement with new improved tubing, if the de-icing tubing

does not conform with the dimension shown in the service bulletin.

Accomplishment of the actions specified in the service bulletin is

intended to adequately address the identified unsafe condition. The LBA

classified this service bulletin as mandatory and issued German

airworthiness directive 1998-423, dated November 5, 1998, 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

certificated for operation in the United States under the provisions of

Sec. 21.29 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

the 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.

Cost Impact

The FAA estimates that 27 airplanes of U.S. registry would be

affected by this proposed AD, that it would take approximately 1 work

hour per airplane to accomplish the proposed inspection, and that the

average labor rate is $60 per work hour. Based on these figures, the

cost impact of the proposed AD on U.S. operators is estimated to be

$1,620 or $60 per airplane.

[[Page 38379]]

The cost impact figure discussed above is 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 No. 98-NM-366-AD.

Applicability: Model 328-100 series airplanes, serial numbers

3042 through 3105 inclusive, 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 (b) 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 a blockage inside the de-icing tubing, which could

result in a malfunction of the de-icing boot, and consequent reduced

controllability of the airplane during flight in icing conditions,

accomplish the following:

Inspection and Corrective Action

(a) Within two months after the effective date of this AD,

perform a one-time detailed inspection to measure the offset of the

de-icing tubing adjacent to the refueling panel on the right-hand

wing in accordance with Dornier Service Bulletin SB-328-30-265,

dated July 24, 1998.

(1) If the de-icing tubing offset measurement conforms to the

dimension shown in the service bulletin, no further action is

required by this AD.

(2) If the de-icing tubing does not conform to the dimension

shown in the service bulletin, prior to further flight, replace it

with new improved tubing in accordance with instructions provided in

the service bulletin.

Note 2: For the purposes of this AD, a detailed inspection is

defined as: ``An intensive visual examination of a specific

structural area, system, installation, or assembly to detect damage,

failure, or irregularity. Available lighting is normally

supplemented with a direct source of good lighting at intensity

deemed appropriate by the inspector. Inspection aids such as mirror,

magnifying lenses, etc. may be used. Surface cleaning and elaborate

access procedures may be required.''

Alternative Methods of Compliance

(b) 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 3: Information concerning the existence of approved alternative

methods of compliance with this AD, if any, may be obtained from the

International Branch, ANM-116.

Special Flight Permits

(c) 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 4: The subject of this AD is addressed in German

airworthiness directive 1998-423, dated November 5, 1998.

Issued in Renton, Washington, on July 7, 1999.

Vi L. Lipski,

Acting Manager, Transport Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 99-17864 Filed 7-15-99; 8:45 am]

BILLING CODE 4912-13-P