[Federal Register Volume 69, Number 208 (Thursday, October 28, 2004)]
[Rules and Regulations]
[Pages 62805-62806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24029]


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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.

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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

[[Page 62806]]

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

0
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

0
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]

0
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