[Federal Register: May 15, 2003 (Volume 68, Number 94)]
[Proposed Rules]               
[Page 26242-26244]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15my03-18]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-20-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 certain Dornier Luftfahrt GMBH (Dornier) 
Models 228-100, 228-101, 228-200, 228-201, 228-202, and 228-212 
airplanes that have electrical cabin/cockpit heater option P05 or 
option P09 installed. This proposed AD would require you to modify the 
cockpit and cabin auxiliary heating wiring. This proposed AD is the 
result of mandatory continuing airworthiness information (MCAI) issued 
by the airworthiness authority for Germany. The actions specified by 
this proposed AD are intended to correct problems with the current 
design of the heater wiring, which could result in failure of the 
auxiliary cabin heater. Such failure could lead to overheating and 
smoke in the cockpit.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before June 23, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-20-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: 9-ACE-7-Docket@faa.gov. 
Comments sent electronically must contain ``Docket No. 2003-CE-20-AD'' 
in the subject line. If you send comments electronically as attached 
electronic

[[Page 26243]]

files, the files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    You may get service information that applies to this proposed AD 
from Dornier Luftfahrt GMBH, Customer Support, P.O. Box 1103, D-82230 
Wessling, Federal Republic of Germany; telephone: (08153) 300; 
facsimile: (08153) 304463. You may also view this information 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:

Comments Invited

    How do I comment on this 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 proposed rule's docket 
number and submit your comments to the address specified under the 
caption ADDRESSES. We will consider all comments received on or before 
the closing date. We may amend this proposed rule in light of comments 
received. Factual information that supports your ideas and suggestions 
is extremely helpful in evaluating the effectiveness of this proposed 
AD action and determining whether we need to take additional rulemaking 
action.
    Are there any specific portions of this proposed AD I should pay 
attention to? The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed rule that might suggest a need to modify the rule. You may 
view 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 contact we have with the public that concerns the 
substantive parts of this proposed AD.
    How can I be sure FAA receives my comment? If you want FAA to 
acknowledge the receipt of your mailed comments, you must include a 
self-addressed, stamped postcard. On the postcard, write ``Comments to 
Docket No. 2003-CE-20-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, recently 
notified FAA that an unsafe condition may exist on certain Dornier 
Models 228-100, 228-101, 228-200 and 228-201, 228-202, and 228-212 
airplanes. The LBA reports an occurrence of stuck contacts of the power 
relay of the heating circuit to the auxiliary cabin heater, Dornier 
option P05 or P09.
    What are the consequences if the condition is not corrected? 
Failure of the auxiliary cabin heater could lead to overheating and 
smoke in the cockpit.
    Is there service information that applies to this subject? Dornier 
has issued Service Bulletin No. 228-249, Revision No. 1, dated November 
19, 2001.
    What are the provisions of this service information? The service 
bulletin includes procedures for modifying the auxiliary cabin heater 
wiring.
    What action did the LBA take? The LBA classified this service 
bulletin as mandatory and issued German AD Number 2002-264, dated 
September 19, 2002, in order to ensure the continued airworthiness of 
these airplanes in 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 This 
Proposed AD

    What has FAA decided? The FAA has examined the findings of the LBA; 
reviewed all available information, including the service information 
referenced above; and determined that:

--The unsafe condition referenced in this document exists or could 
devlop on other Dornier Models 228-100, 228-101, 228-200 and 228-201, 
228-202, and 228-212 airplanes of the same type design that are on the 
U.S. registry;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

    What would this proposed AD require? This proposed AD would require 
you to incorporate the actions in the previously-referenced service 
bulletin.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, FAA published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs FAA's AD system. This regulation 
now includes material that relates to special flight permits, 
alternative methods of compliance, and altered products. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Cost Impact

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 14 airplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected airplanes? We estimate the following costs to 
accomplish this proposed modification. We have no way of determining 
the number of airplanes that may need such modification:

------------------------------------------------------------------------
                                                             Total cost
                 Labor cost                    Parts cost   per airplane
------------------------------------------------------------------------
3 workhours x $60 per hour = $180...........         $95.         $275.
------------------------------------------------------------------------

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

[[Page 26244]]

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, 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. 2003-CE-20-AD.

    (a) What airplanes are affected by this AD? This AD affects 
Models 228-100, 228-101, 228-200, 228-201, 228-202, and 228-212 
airplanes, all serial numbers, that are:
    (1) certificated in any category; and
    (2) equipped with electrical cabin/cockpit heater option P05 or 
option P09 auxiliary cabin heater(s) (32HA/35HA or 51HA/52HA).
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to correct problems with the current design of 
the heater wiring, which could result in failure of the auxiliary 
cabin heater. Such failure could lead to overheating and smoke in 
the cockpit.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Modify any installed      Within the next 50    In accordance with
 cockpit and cabin auxiliary   hours time-in-        Fairchild Dornier
 cabin heater (32HA/35HA or    service (TIS) after   Dornier 228 Service
 51HA/52HA) heating wiring.    the effective date    Bulletin No. SB-228-
                               of this AD, unless    249, Revision No.
                               already               1, dated November
                               accomplished.         19, 2001, and
                               Removal from the      following standard
                               airplane of any       practices.
                               unmodified
                               auxiliary cabin
                               heater (32HA/35HA
                               or 51HA/52HA) or
                               51HA/52HA) is
                               terminating action
                               for this AD.
(2) Do not install any        As of the effective   Not applicable.
 auxiliary cabin heater        date of this AD.
 (32HA/35HA or 51HA/52HA)
 (or FAA-approved equivalent
 part number) unless it has
 been modified as required
 in paragraph (d)(1) of this
 AD.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? To use an 
alternative method of compliance or adjust the compliance time, 
follow the procedures in 14 CFR 39.19. Send these requests to the 
Manager, Standards Office, Small Airplane Directorate. For 
information on any already approved alternative methods of 
compliance, 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.
    (f) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents referenced in this AD from 
Dornier Luftfahrt GmbH, Customer Support, P.O. Box 1103, D-82230 
Wessling, Federal Republic of Germany; telephone: (08153) 300; 
facsimile: (08153) 304463. You may view these documents at FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri 64106.

    Note: The subject of this AD is addressed in German AD Number 
2002-264, dated September 19, 2002.


    Issued in Kansas City, Missouri, on May 9, 2003.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-12112 Filed 5-14-03; 8:45 am]

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