[Federal Register Volume 61, Number 89 (Tuesday, May 7, 1996)]
[Rules and Regulations]
[Pages 20676-20677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10773]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-NM-18-AD; Amendment 39-9599; AD 96-09-23]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Dornier Model 328-100 series airplanes, that requires 
revising the Airplane Flight Manual (AFM) to provide the flight crew 
with recognition cues for, and procedures for exiting from, severe 
icing conditions, and to limit or prohibit the use of various flight 
control devices. This amendment is prompted by results of a review of 
the requirements for certification of the airplane in icing conditions, 
new information on the icing environment, and icing data provided 
currently to the flight crews. The actions specified by this AD are 
intended to minimize the potential hazards associated with operating 
the airplane in severe icing conditions by providing more clearly 
defined procedures and limitations associated with such conditions.

EFFECTIVE DATE: June 11, 1996.

ADDRESSES: Information pertaining to this rulemaking action may be 
examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Connie Beane, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2796; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all Dornier Model 328-100 series 
airplanes was published in the Federal Register on January 25, 1996 (61 
FR 2157). That action proposed to require revising the Airplane Flight 
Manual (AFM) to specify procedures that would prohibit flight in 
freezing rain or freezing drizzle conditions (as determined by certain 
visual cues), limit or prohibit the use of various flight control 
devices, and provide the flight crew with recognition cues for, and 
procedures for exiting from, severe icing conditions.

Disposition of Comments

    For the disposition of comments on this rulemaking action, see 
Docket No. 95-NM-146-AD; Amendment 39-9604; AD 96-09-28, Airworthiness 
Directives; Aerospatiale Model ATR-42 and ATR-72 Series Airplanes, 
published elsewhere in this issue of the Federal Register.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Cost Impact

    The FAA estimates that 31 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Based on these figures, the cost impact of 
the AD on U.S. operators is estimated to be $1,860, or $60 per 
airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.
    In addition, the FAA recognizes that this AD may impose operational 
costs. However, those costs are incalculable because the frequency of 
occurrence of the specified conditions and the associated additional 
flight time are indeterminable.
    Nevertheless, because of the severity of the unsafe condition 
addressed, the FAA has determined that continued operational safety 
necessitates the imposition of these costs.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this 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) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from 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.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

96-09-23  Dornier: Amendment 39-9599. Docket 96-NM-18-AD.

    Applicability: All Model Dornier 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

[[Page 20677]]

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 (b) 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 minimize the potential hazards associated with operating the 
airplane in severe icing conditions by providing more clearly 
defined procedures and limitations associated with such conditions, 
accomplish the following:
    (a) Within 30 days after the effective date of this AD, 
accomplish the requirements of paragraphs (a)(1) and (a)(2) of this 
AD.

    Note 2: Operators must initiate action to notify and ensure that 
flight crewmembers are apprised of this change.

    (1) Revise the FAA-approved Airplane Flight Manual (AFM) by 
incorporating the following into the Limitations Section of the AFM. 
This may be accomplished by inserting a copy of this AD in the AFM.

``WARNING

    Severe icing may result from environmental conditions outside of 
those for which the airplane is certificated. Flight in freezing 
rain, freezing drizzle, or mixed icing conditions (supercooled 
liquid water and ice crystals) may result in ice build-up on 
protected surfaces exceeding the capability of the ice protection 
system, or may result in ice forming aft of the protected surfaces. 
This ice may not be shed using the ice protection systems, and may 
seriously degrade the performance and controllability of the 
airplane.
    <bullet> During flight, severe icing conditions that exceed 
those for which the airplane is certificated shall be determined by 
the following visual cues. If one or more of these visual cues 
exists, immediately request priority handling from Air Traffic 
Control to facilitate a route or an altitude change to exit the 
icing conditions.

--Unusually extensive ice accreted on the airframe in areas not 
normally observed to collect ice.
--Accumulation of ice on the lower surface of the wing aft of the 
protected area.
--Accumulation of ice on the propeller spinner farther aft than 
normally observed.

    <bullet> Since the autopilot may mask tactile cues that indicate 
adverse changes in handling characteristics, use of the autopilot is 
prohibited when any of the visual cues specified above exist, or 
when unusual lateral trim requirements or autopilot trim warnings 
are encountered while the airplane is in icing conditions.
    <bullet> All icing detection lights must be operative prior to 
flight into icing conditions at night. [NOTE: This supersedes any 
relief provided by the Master Minimum Equipment List (MMEL).]''
    (2) Revise the FAA-approved AFM by incorporating the following 
into the Procedures Section of the AFM. This may be accomplished by 
inserting a copy of this AD in the AFM.

``THE FOLLOWING WEATHER CONDITIONS MAY BE CONDUCIVE TO SEVERE IN-FLIGHT 
ICING

    <bullet> Visible rain at temperatures below 0 degrees Celsius 
ambient air temperature.
    <bullet> Droplets that splash or splatter on impact at 
temperatures below 0 degrees Celsius ambient air temperature.

PROCEDURES FOR EXITING THE SEVERE ICING ENVIRONMENT

    These procedures are applicable to all flight phases from 
takeoff to landing. Monitor the ambient air temperature. While 
severe icing may form at temperatures as cold as -18 degrees 
Celsius, increased vigilance is warranted at temperatures around 
freezing with visible moisture present. If the visual cues specified 
in the Limitations Section of the AFM for identifying severe icing 
conditions are observed, accomplish the following:
    <bullet> Immediately request priority handling from Air Traffic 
Control to facilitate a route or an altitude change to exit the 
severe icing conditions in order to avoid extended exposure to 
flight conditions more severe than those for which the airplane has 
been certificated.
    <bullet> Avoid abrupt and excessive maneuvering that may 
exacerbate control difficulties.
    <bullet> Do not engage the autopilot.
    <bullet> If the autopilot is engaged, hold the control wheel 
firmly and disengage the autopilot.
    <bullet> If an unusual roll response or uncommanded roll control 
movement is observed, reduce the angle-of-attack.
    <bullet> Do not extend flaps during extended operation in icing 
conditions. Operation with flaps extended can result in a reduced 
wing angle-of- attack, with the possibility of ice forming on the 
upper surface further aft on the wing than normal, possibly aft of 
the protected area.
    <bullet> If the flaps are extended, do not retract them until 
the airframe is clear of ice.
    <bullet> Report these weather conditions to Air Traffic 
Control.''
    (b) 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, Standardization Branch, ANM-113, 
FAA, Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Operations Inspector, 
who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.
    (c) 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.
    (d) This amendment becomes effective on June 11, 1996.

    Issued in Renton, Washington, on April 24, 1996.
Ronald T. Wojnar,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-10773 Filed 5-1-96; 3:27 pm]
BILLING CODE 4910-13-P