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.

Proposed Rules Federal Register

29144

Vol. 63, No. 102

Thursday, May 28, 1998

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).

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 § 21.29 of the Federal

Aviation Regulations (14 CFR 21.29)

and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,
Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 / Proposed Rules 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.

§ 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 §§ 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