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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. 99-CE-19-AD]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration, DOT.
 ACTION: Notice of proposed rulemaking (NPRM).
 SUMMARY: This document proposes to adopt a new airworthiness directive (AD) that would apply 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. The proposed AD would require you to deactivate the windshield spray nozzle heating elements. The proposed AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. The actions specified by the proposed 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.
 DATES: The Federal Aviation Administration (FAA) must receive any comments on this proposed rule on or before November 30, 2000.
 ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 99-CE-19-AD, 901 Locust, Room 506, Kansas City, Missouri 64106. Comments may be inspected at this location between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted. Service information that applies to the proposed AD may be obtained from Dornier Luftfahrt GmbH, Product Support, P.O. Box 1103, D-82230 Wessling, Federal Republic of Germany; telephone: (08153) 302631; facsimile: (08153) 304463. This information also may be examined at the Rules Docket at the address above.
 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:
                    ( print page 64177) Comments Invited *How do I comment on the proposed AD?*
                    The FAA invites comments on this proposed rule. You may submit whatever written data, views, or arguments you choose. You need to include the rule's docket number and submit your comments in triplicate to the address specified under the caption 
                    **ADDRESSES.**
                     The FAA will consider all comments received on or before the closing date. We may amend the proposed rule in light of comments received. Factual information that supports your ideas and suggestions is extremely helpful in evaluating the effectiveness of the proposed AD action and determining whether we need to take additional rulemaking action. *Are there any specific portions of the proposed AD I should pay attention to?*
                    The FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of the proposed rule that might suggest a need to modify the rule. You may examine all comments we receive before and after the closing date of the rule in the Rules Docket. We will file a report in the Rules Docket that summarizes each FAA contact with the public that concerns the substantive parts of the proposed AD. We are re-examining the writing style we currently use in regulatory documents, in response to the Presidential memorandum of June 1, 1998. That memorandum requires federal agencies to communicate more clearly with the public. We are interested in your comments on whether the style of this document is clearer, and any other suggestions you might have to improve the clarity of FAA communications that affect you. You can get more information about the Presidential memorandum and the plain language initiative at 
                    *http://www.plainlanguage.gov.* *How can I be sure FAA receives my comment?*
                    If you want us to acknowledge the receipt of your comments, you must include a self-addressed, stamped postcard. On the postcard, write “Comments to Docket No. 99-CE-19-AD.” We will date stamp and mail the postcard back to you. Discussion *What events have caused this proposed AD?*
                    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority for Germany, notified the FAA that an unsafe condition may exist on all Dornier Models 228-100, 228-101, 228-200 and 228-201, 228-202, and 228-212 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. Is there service information that applies to this subject? Dornier has issued All Operators Telefax (AOT) No. AOT-228-30-022, dated September 9, 1998. This telefax specifies deactivating the windshield spray nozzle heating elements. *What action did the LBA take?*
                     The LBA classified this service information as mandatory and issued German AD Number 1999-030/2, dated April 8, 1999, in order to assure the continued airworthiness of these airplanes in the Germany. *Was this in accordance with the bilateral airworthiness agreement?*
                     These airplane models are manufactured in Germany and are type certificated for operation in the United States under the provisions of section 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 FAA informed of the situation described above. The FAA's Determination and an Explanation of the Provisions of the Proposed AD *What has FAA decided?*
                     The FAA has examined the findings of the LBA; reviewed all available information; and determined that: The unsafe condition referenced in this document exists or could develop on other all Dornier Models 228-100, 228-101, 228-200 and 228-201, 228-202, and 228-212 airplanes of the same type design that have windshield spray nozzle option SCN 3109 installed; and
                AD action should be taken in order to correct this unsafe condition. *What would the proposed AD require?*
                     This proposed AD would require you to deactivate the windshield spray nozzle heating elements. Cost Impact *How many airplanes would the proposed AD impact?*
                     We estimate that the proposed AD affects 9 airplanes in the U.S. registry. *What would be the cost impact of the proposed AD on owners/operators of the affected airplanes?*
                     We estimate the following costs to accomplish the proposed modification: Labor cost
Parts cost
Total cost per airplane
Total Cost on U.S. airplane operators1 workhour × $60 per hour = $60
Not applicable
$60 per airplane
$540
 Regulatory Impact *Would this proposed AD impact various entities?*
                     The regulations proposed herein would 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 proposed rule would not have federalism implications under Executive Order 13132. *Would this proposed AD involve a significant rule or regulatory action?*
                     For the reasons discussed above, I certify that this proposed 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) 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 has been placed 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, under the authority delegated to me by the Administrator, 
                    ( print page 64178)
                    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. § 39.13
  2. FAA amends § 39.13 by adding a new airworthiness directive (AD) to read as follows: **Dornier Luftfahrt GMBH:**
                                 Docket No. 2000-CE-AD (a) 
                                *What airplanes are affected by this AD?*
                                 This AD affects Models 228-100, 228-101, 228-200, and 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: Action
Compliance time
Procedures(1) Deactivate the windshield spray nozzle heating elements by cutting wire ME16F20 at the splice at frame 7. Cap (MS2574-2 caps) and stow cables
Within the next 100 hours time-in-service (TIS) after the effective date of this AD, unless already accomplished
Dornier All Operators Telefax (AOT) No. AOT-228-30-022, dated September 9, 1998, references this action.(2) Do not install, on any affected airplane, windshield spray nozzle option SCN 3109
As of the effective date of this AD
Not Applicable.
 (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.
 Issued in Kansas City, Missouri, on October 20, 2000. James E. Jackson, Acting Manager, Small Airplane Directorate,, Aircraft Certification Service.


[FR Doc. 00-27563 Filed 10-25-00; 8:45 am] BILLING CODE 4910-13-U