Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Rules and Regulations 62805

(2) Do the resistance tests. 

(3) Reinstall the ASCTU. 

Part Installation 

(c) As of the effective date of this AD, no 

person may install on any airplane an 

ASCTU having a part number listed in the 

‘‘Old Part Number’’ column in the table 

specified in paragraph 3.C. of the 

Accomplishment Instructions of Hamilton 

Sundstrand Service Bulletin 36–186, dated 

March 30, 2001. 

Alternative Methods of Compliance 

(AMOCs) 

(d) The Manager, Seattle Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

Incorporation by Reference 

(e) Unless otherwise specified in this AD, 

the actions shall be done in accordance with 

Boeing Service Bulletin 747–36A2136, 

Revision 2, dated May 13, 2004. This 

incorporation by reference was approved by 

the Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Copies may be obtained from Boeing 

Commercial Airplane Group, P.O. Box 3707, 

Seattle, Washington 98124–2207. Copies may 

be inspected at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html. 

Effective Date 

(f) This amendment becomes effective on 

December 2, 2004.

Issued in Renton, Washington, on October 

18, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24030 Filed 10–27–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 2002–NM–310–AD; Amendment 

39–13834; AD 2004–22–06] 

RIN 2120–AA64

Airworthiness Directives; Dornier 

Model 328–100 and –300 Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Dornier Model 

328–100 and –300 series airplanes, that 

requires inspection of the metal oxide 

varistor (MOV) modules and transient 

absorption zener (TAZ) diodes to 

determine if those parts are outside of 

tolerance limits, and replacement of 

MOV modules and TAZ diodes with 

new parts, if necessary. This action is 

necessary to prevent the failure of 

critical ice protection systems following 

a lightning strike, which could result in 

reduced controllability and degraded 

performance of the airplane in the event 

of an encounter with icing conditions. 

This action is intended to address the 

identified unsafe condition.

DATES: Effective December 2, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of December 

2, 2004.

ADDRESSES: The service information 

referenced in this AD may be obtained 

from AvCraft Aerospace GmbH, P.O. 

Box 1103, D–82230 Wessling, Germany. 

This information may be examined at 

the Federal Aviation Administration 

(FAA), Transport Airplane Directorate, 

Rules Docket, 1601 Lind Avenue, SW., 

Renton, Washington; or at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call (202) 741–6030, or go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

FOR FURTHER INFORMATION CONTACT:

Thomas Groves, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1503; 

fax (425) 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 certain Dornier 

Model 328–100 and –300 series 

airplanes was published in the Federal 

Register on February 26, 2004 (69 FR 

8878). That action proposed to require 

inspection of the metal oxide varistor 

(MOV) modules and transient 

absorption zener (TAZ) diodes to 

determine if those parts are outside of 

tolerance limits, and replacement of 

MOV modules and TAZ diodes with 

new parts, if necessary. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the 

comments received. 

Request To Withdraw the Notice of 

Proposed Rulemaking (NPRM) 

One commenter believes that the AD 

is unwarranted. The commenter notes 

that Discussion section of the NPRM 

states, ‘‘Further investigation revealed 

that the airplane maintenance manual 

(AMM) does not include a check of this 

equipment following a lightning strike.’’

The commenter points out that in 

Volume 1 of the AMM, Description and 

Operation, Section 05–51–02, 

‘‘Lightning Strike,’’ page 3, Sections C 

and D, dated September 3, 2003, it 

states, ‘‘After a lightning strike you must 

do the respective functional tests at all 

TAZ diodes and MOV modues or you 

can replace them directly without a 

functional test.’’ From these comments, 

the FAA infers that the commenter is 

requesting that the NPRM be 

withdrawn. 

We do not agree with the request to 

withdraw the NPRM. The commenter is 

correct in that the AMM has been 

updated to include instructions for 

checking the TAZ diodes and MOV 

modules following a lightning strike. 

However, as stated in the Discussion 

section of the NPRM, 37% of the 

inspected fleet has been found with 

TAZ diodes and MOV modules that are 

out of tolerance. The AD was written to 

determine if any pre-existing damage to 

the TAZ diodes or MOV modules exist. 

The out of tolerance condition, if not 

corrected, could result in the failure of 

critical ice protection system following 

a lightning strike, which could result in 

reduced controllability and degraded 

performance of the airplane in an event 

of an encounter with icing condition. 

We have determined that this AD action 

addresses the identified unsafe 

condition, and issuance of the final rule 

is necessary. 

Request To Include Additional Costs 

The same commenter states that the 

Cost Impact section of the NPRM is 

understated. The commenter contends 

that it does not take into account the 

$2,731 procurement cost of the high 

voltage test unit, part number (P/N) 

771–9–001, necessary to test the TAZ 

diodes and MOV modules, and the 

yearly $148.50 calibration cost. From 

this comment, we infer that the 

commenter is requesting a change to the 

Cost Impact section to account for the 

cost of special test equipment. 

We agree that a change to the Cost 

Impact section is needed. We have 

confirmed that a special tool is 

necessary to perform the inspection 

required by this AD, and have revised 

62806 Federal Register / Vol. 69, No. 208 / Thursday, October 28, 2004 / Rules and Regulations 

the Cost Impact section of the final rule 

to include that cost. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

that have been submitted, and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

We have determined that this change 

will neither increase the economic 

burden on any operator nor increase the 

scope of the AD.

Cost Impact 

The FAA estimates that 53 Model 

328–100 series airplanes (4 operators) 

and 48 Model 328–300 series airplanes 

(8 operators) of U.S. registry will be 

affected by this AD. 

For Model 328–100 series airplanes, it 

will take approximately 6 work hours 

per airplane to accomplish the required 

inspection, at an average labor rate of 

$65 per work hour. The special tool 

necessary to accomplish the required 

inspection will cost approximately 

$2,731 per operator. Based on these 

figures, the cost impact of the AD on 

U.S. operators of these airplanes is 

estimated to be $31,594. 

For Model 328–300 series airplanes, it 

will take approximately 3 work hours 

per airplane to accomplish the required 

inspection, at an average labor rate of 

$65 per work hour. The special tool 

necessary to accomplish the required 

inspection will cost approximately 

$2,731 per operator. Based on these 

figures, the cost impact of the AD on 

U.S. operators of these planes is 

estimated to be $31,208. 

The cost impact figures discussed 

above are 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. The cost impact 

figures discussed in AD rulemaking 

actions represent only the time 

necessary to perform the specific actions 

actually required by the AD. These 

figures typically do not include 

incidental costs, such as the time 

required to gain access and close up, 

planning time, or time necessitated by 

other administrative actions. 

Regulatory Impact 

The regulations adopted herein will 

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 final rule does not 

have federalism implications under 

Executive Order 13132. 

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, Incorporation by reference, 

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 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

■ 2. Section 39.13 is amended by adding 

the following new airworthiness 

directive:

2004–22–06 Fairchild Dornier GmbH 

(Formerly Dornier Luftfahrt GmbH):

Amendment 39–13834. Docket 2002–NM–

310–AD.

Applicability: Model 328–100 series 

airplanes, serial numbers 3005 through 3119 

inclusive; and Model 328–300 series 

airplanes, serial numbers 3105 through 3207 

inclusive, except serial numbers 3199, 3200, 

3203, and 3204; certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent the failure of critical ice 

protection systems following a lightning 

strike, which could result in reduced 

controllability and degraded performance of 

the airplane in the event of an encounter 

with icing conditions, accomplish the 

following: 

Inspection and Replacement 

(a) Within 90 days after the effective date 

of this AD, inspect transient absorption zener 

(TAZ) diodes and metal oxide varistor (MOV) 

modules to determine if those parts are 

outside of tolerance limits, in accordance 

with the Accomplishment Instructions of 

Dornier Service Bulletins SB–328–30–417, 

dated January 24, 2002 (for Model 328–100 

series airplanes); or SB–328J–30–150, dated 

January 24, 2002 (for Model 328–300 series 

airplanes); as applicable. If any TAZ diode or 

MOV module is found to be outside of 

tolerance, before further flight, replace the 

faulty part with a new part in accordance 

with the Accomplishment Instructions of the 

applicable service bulletin. 

Reporting Difference 

(b) Although the service bulletins 

referenced in this AD specify to submit 

certain information to the manufacturer, this 

AD does not include such a requirement. 

Alternative Methods of Compliance 

(c) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–114, 

FAA, Transport Airplane Directorate, is 

authorized to approve alternative methods of 

compliance for this AD. 

Incorporation by Reference 

(d) The actions shall be done in accordance 

with Dornier Service Bulletin SB–328–30–

417, dated January 24, 2002; or Dornier 

Service Bulletin SB–328J–30–150, dated 

January 24, 2002; as applicable. This 

incorporation by reference was approved by 

the Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Copies may be obtained from AvCraft 

Aerospace GmbH, P.O. Box 1103, D–82230 

Wessling, Germany. Copies may be inspected 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

Note 1: The subject of this AD is addressed 

in German airworthiness directives 2002–262 

and 2002–263, both dated September 19, 

2002.

Effective Date 

(e) This amendment becomes effective on 

December 2, 2004.

Issued in Renton, Washington, on October 

18, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–24029 Filed 10–27–04; 8:45 am] 

BILLING CODE 4910–13–P