[Federal Register Volume 63, Number 102 (Thursday, May 28, 1998)]
[Proposed Rules]
[Pages 29144-29145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14037]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 63, No. 102 / Thursday, May 28, 1998 / 
Proposed Rules

[[Page 29144]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-90-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 revising the Airplane 
Flight Manual (AFM) to require use of the electrical fuel pump for 
take-off and landing and performance of an operational check of the 
electrical fuel pump following landing. This proposal also would 
require replacement of the jet booster pumps with new or modified jet 
booster pumps, which would terminate the requirement for the AFM 
revision. 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 
failure of the jet booster pumps, which could result in reduced engine 
thrust during take-off or landing, and consequent increased risk of 
impact with terrain.

DATES: Comments must be received by June 29, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-90-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-90-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-90-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, 
on an in-service airplane, the non-return flap valve of the jet booster 
pump failed, which resulted in inadequate fuel pressure being provided 
to fuel the engine and consequent loss of engine thrust. Further 
investigation revealed that the design of the jet booster pumps on 
certain Model 328-100 series airplanes is susceptible to this type of 
failure. This condition, if not corrected, could result in reduced 
engine thrust during take-off or landing, and consequent increased risk 
of impact with terrain.

Explanation of Relevant Service Information

    Dornier has issued All Operators Telefax (AOT) AOT-328-28-014, 
Revision 1, dated October 16, 1996, which describes procedures for 
revising the Airplane Flight Manual (AFM) to require use of the 
electrical fuel pump for take-off and landing and performance of an 
operational check of the electrical fuel pump following landing.
    In addition, Dornier has issued Service Bulletin SB-328-28-211, 
dated March 26, 1997, which describes procedures for replacement of 
certain jet booster pumps with new or modified jet booster pumps. 
Accomplishment of this replacement eliminates the need for the AFM 
revision.
    Accomplishment of the actions specified in the AOT and service 
bulletin is intended to adequately address the identified unsafe 
condition. The LBA classified this AOT and service bulletin as 
mandatory and issued German airworthiness directives 97-004, dated 
January 30, 1997, and 97-149, dated May 22, 1997, 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,

[[Page 29145]]

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 revising the 
Limitations Section of the FAA-approved AFM to require use of the 
electrical fuel pump for take-off and landing and performance of an 
operational check of the electrical fuel pump following landing. This 
proposed AD also would require replacement of the jet booster pumps 
with new or modified jet booster pumps, which would terminate the 
requirement of the AFM revision.

Cost Impact

    The FAA estimates that 50 airplanes of U.S. registry would be 
affected by this proposed AD. It would take approximately 1 work hour 
per airplane to accomplish the proposed AFM revision, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the AFM revision proposed by this AD on U.S. operators is 
estimated to be $3,000, or $60 per airplane.
    It would take approximately 6 work hours per airplane to accomplish 
the proposed replacement, at an average labor rate of $60 per work 
hour. Required parts would be provided by the manufacturer at no cost 
to the operators. Based on these figures, the cost impact of the 
replacement proposed by this AD on U.S. operators is estimated to be 
$18,000, or $360 per airplane.
    The cost impact figures discussed above are 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 98-NM-90-AD.

    Applicability: Model 328-100 series airplanes, serial numbers 
3005 through 3093 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 (d) 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 failure of the jet booster pumps, which could result 
in reduced engine thrust during take-off or landing, and consequent 
increased risk of impact with terrain, accomplish the following:
    (a) Within 5 days after the effective date of this AD, revise 
the Limitations Section of the FAA-approved Airplane Flight Manual 
(AFM) by inserting a copy of Dornier All Operators Telefax AOT-328-
28-014, Revision 1, dated October 16, 1996, into the AFM to require 
use of the electrical fuel pump for take-off and landing and 
performance of an operational check of the electrical fuel pump 
following landing.
    (b) Within 180 days after the effective date of this AD, replace 
the jet booster pumps having part number (P/N) 219335-2 with new or 
modified jet booster pumps, having P/N 219335-3, in accordance with 
Dornier Service Bulletin SB-328-28-211, dated March 26, 1997. 
Accomplishment of this replacement constitutes terminating action 
for the requirements of paragraph (a) of this AD; after the 
replacement has been accomplished, the previously required 
limitation may be removed from the AFM.
    (c) As of the effective date of this AD, no person shall install 
a jet booster pump, part number 219335-2, on any airplane.
    (d) 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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (e) Special flight permits may be issued in accordance with 
Secs. 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 3: The subject of this AD is addressed in German 
airworthiness directives 97-004, dated January 30, 1997, and 97-149, 
dated May 22, 1997.

    Issued in Renton, Washington, on May 20, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-14037 Filed 5-27-98; 8:45 am]
BILLING CODE 4910-13-P