29150 Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 / Proposed Rules

Issued in Renton, Washington, on May 20,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–14035 Filed 5–27–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–112–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 all

Dornier Model 328–100 series airplanes.

This proposal would require a one-time

inspection of the propeller de-ice

system to verify the proper functioning

of the engine indication and crew alert

system (EICAS) for the de-ice system;

and corrective action, 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 failure of the EICAS

to provide a warning to the flightcrew

in the event of failure of the propeller

de-ice system, which could result in

damage to the airplane and consequent

loss of controllability of the airplane.

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–

112–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–112–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–112–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 all

Dornier Model 328–100 series airplanes.

The LBA advises that it has received a

report indicating that the propeller deice system on the airplane failed

without appropriate indication of the

failure to the flightcrew via the engine

indication and crew alert system

(EICAS). The failure of this system

resulted in the accumulation of ice on

both airplane propellers; the ice

subsequently shed, which damaged the

fuselage and other parts of the exterior

of the airplane. Further investigation of

the incident did not reveal an exact

cause; although the LBA advises that

this is considered to be an isolated

incident, they consider a one-time fleetwide inspection to be warranted. Such

failure of the EICAS to provide a

warning to the flightcrew in the event of

failure of the propeller de-ice system, if

not corrected, could result in damage to

the airplane and consequent loss of

controllability of the airplane.

Explanation of Relevant Service

Information

The manufacturer has issued Dornier

Alert Service Bulletin ASB–328–30–

013, Revision 1, dated February 21,

1997, which describes procedures for a

one-time inspection of the propeller deice system, to verify that the EICAS

provides appropriate warning to the

flightcrew during operation of the

propeller de-ice system in the event of

failure. The LBA classified this alert

service bulletin as mandatory and

issued German airworthiness directive

97–066, dated March 13, 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,

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 alert service bulletin described

previously, except as discussed below.

Differences Between Proposed Rule and

Alert Service Bulletin

Operators should note that, although

the alert service bulletin does not

specify corrective action if the

inspection results do not verify proper

functioning of the EICAS for the
Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 / Proposed Rules 29151

propeller de-ice system, this proposal

would require the repair of the EICAS

to be accomplished in accordance with

a method approved by the FAA.

Cost Impact

The FAA estimates that 50 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,

at an average labor rate of $60 per work

hour. Based on these figures, the cost

impact of the inspection proposed by

this AD on U.S. operators is estimated

to be $3,000, or $60 per airplane.

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Dornier Luftfahrt GmbH: Docket 98–NM–

112–AD.

Applicability: All Model 328–100 series

airplanes, 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 (c) 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 engine indication

and crew alert system (EICAS) to provide a

warning to the flightcrew in the event of

failure of the propeller de-ice system, which

could result in damage to the airplane and

consequent loss of controllability of the

airplane, accomplish the following:

(a) Within 30 days after the effective date

of this AD, perform a one-time inspection of

the propeller de-ice system to verify the

proper functioning of the EICAS for the deice system, in accordance with Dornier Alert

Service Bulletin ASB–328–30–013, Revision

1, dated February 21, 1997.

(b) If the inspection required by paragraph

(a) of this AD indicates that the EICAS is

malfunctioning, prior to further flight, repair

the EICAS in accordance with a method

approved by the Manager, International

Branch, ANM–116, FAA, Transport Airplane

Directorate.

(c) 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. 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.

(d) 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 3: The subject of this AD is addressed

in German airworthiness directive 97–066,

dated March 13, 1997.

Issued in Renton, Washington, on May 20,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–14027 Filed 5–27–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–100–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 747–100, 747–200, and 747–SP

Series Airplanes and Military Type E–

4B 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 Boeing Model 747–100, –200,

and 747–SP series airplanes and

military type E–4B airplanes. This

proposal would require repetitive

inspections to detect cracking of the

wing front spar web, and repair of

cracked structure. This proposal also

provides for optional terminating action

for the repetitive inspection

requirements. This proposal is

prompted by reports indicating that

fatigue cracks were found on the aft

surface of the wing front spar web. The

actions specified by the proposed AD

are intended to detect and correct such

fatigue cracking, which could result in

a fuel leak, and consequent increased

risk of a fire.

DATES: Comments must be received by

July 13, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 97–NM–

100–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