[Federal Register Volume 65, Number 208 (Thursday, October 26, 2000)]
[Proposed Rules]
[Pages 64176-64178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27563]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-CE-19-AD]
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: Notice of proposed rulemaking (NPRM).

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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:

[[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:
    <bullet> 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
    <bullet> 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:

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                                                                                                   Total Cost on
               Labor cost                         Parts cost            Total cost per airplane    U.S. airplane
                                                                                                     operators
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1 workhour  x  $60 per hour = $60.......  Not applicable............  $60 per airplane..........            $540
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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,

[[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.


Sec. 39.13  [Amended]

    2. FAA amends Sec. 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
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(1) Deactivate the windshield     Within the next     Dornier All
 spray nozzle heating elements     100 hours time-in-  Operators Telefax
 by cutting wire ME16F20 at the    service (TIS)       (AOT) No. AOT-228-
 splice at frame 7. Cap (MS2574-   after the           30-022, dated
 2 caps) and stow cables.          effective date of   September 9,
                                   this AD, unless     1998, references
                                   already             this action.
                                   accomplished.
(2) Do not install, on any        As of the           Not Applicable.
 affected airplane, windshield     effective date of
 spray nozzle option SCN 3109.     this AD.
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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.


    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