6534 Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / Rules and Regulations 

published in the Federal Register on 

December 4, 2003 (68 FR 67816). That 

action proposed to require modification 

of the forward ribs of the left and right 

engine pylons to plug holes left open 

during production. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. No 

comments were submitted in response 

to the proposal or the FAA’s 

determination of the cost to the public. 

Conclusion 

We have determined that air safety 

and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

We estimate that 119 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 $65 per work hour. The cost of 

required parts is minimal. Based on 

these figures, the cost impact of the AD 

on U.S. operators is estimated to be 

$7,735, or $65 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. 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:

2004–03–22 Dassault Aviation:

Amendment 39–13466. Docket 2002–

NM–233–AD.

Applicability: Model Falcon 2000 series 

airplanes on which Dassault Modification 

M2111 has not been installed, certificated in 

any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent fuel leakage into a ‘‘hot’’

section of the engine, and consequent 

propagation of an uncontained engine fire, 

accomplish the following: 

Modification of the Engine Pylons 

(a) Within 7 months after the effective date 

of this AD, modify the forward ribs of the left 

and right engine pylons by plugging the two 

4-millimeter holes in each rib in accordance 

with the Accomplishment Instructions of 

Dassault Service Bulletin F2000–248, dated 

August 12, 2002. Although the service 

bulletin specifies to submit certain 

information to the manufacturer, this AD 

does not include such a requirement. 

Alternative Methods of Compliance 

(b) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, 

FAA, Transport Airplane Directorate, is 

authorized to approve alternative methods of 

compliance for this AD. 

Incorporation by Reference 

(c) The actions shall be done in accordance 

with Dassault Service Bulletin F2000–248, 

dated August 12, 2002. 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 Dassault Falcon Jet, P.O. Box 

2000, South Hackensack, New Jersey 07606. 

Copies may be inspected at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or at the 

Office of the Federal Register, 800 North 

Capitol Street, NW., suite 700, Washington, 

DC.

Note 1: The subject of this AD is addressed 

in French airworthiness directive 2002–

413(B), dated August 7, 2002.

Effective Date 

(d) This amendment becomes effective on 

March 17, 2004.

Issued in Renton, Washington, on January 

30, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2580 Filed 2–10–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–267–AD; Amendment 

39–13460; AD 2004–03–16] 

RIN 2120–AA64 

Airworthiness Directives; Dornier 

Model 328–300 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to certain Dornier Model 

328–300 series airplanes, that requires 

replacement of 3-switch and 4-switch 

overhead fire extinguisher control 

panels with new, improved panels. This 

action is necessary to prevent the 

inadvertent release of the fire switch 

pushbutton on the overhead fire 

extinguisher control panel with the 

switch guard closed, which could result 

in an uncommanded engine shutdown. 

This action is intended to address the 

identified unsafe condition.

DATES: Effective March 17, 2004. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of March 17, 

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 Office of 

Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / Rules and Regulations 6535

the Federal Register, 800 North Capitol 

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2125; 

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 328–300 series airplanes was 

published in the Federal Register on 

November 17, 2003 (68 FR 64822). That 

action proposed to require replacement 

of 3-switch and 4-switch overhead fire 

extinguisher control panels with new, 

improved panels. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. Due 

consideration has been given to the one 

comment received. 

The commenter supports the 

proposed rule. 

Conclusion 

After careful review of the available 

data, including the comment noted 

above, the FAA has determined that air 

safety and the public interest require the 

adoption of the rule as proposed. 

Cost Impact 

The FAA estimates that 19 airplanes 

of U.S. registry will be affected by this 

AD, that it will take approximately 1 

work hour per airplane to accomplish 

the replacement of the overhead fire 

extinguisher control panel, and that the 

average labor rate is $65 per work hour. 

Required parts will be provided by the 

parts manufacturer at no cost to 

operators. Based on these figures, the 

cost impact of the AD on U.S. operators 

is estimated to be $1,235, or $65 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. 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:

2004–03–16 Fairchild Dornier Gmbh 

(Formerly Dornier Luftfahrt GmbH):

Amendment 39–13460. Docket 2002–

NM–267–AD.

Applicability: Model 328–300 series 

airplanes as listed in Dornier Service 

Bulletins SB–328J–26–156 and SB–328J–26–

161, both dated February 26, 2002; 

certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent the inadvertent release of the 

fire switch pushbutton on the overhead fire 

extinguisher control panel with the switch 

guard closed, which could result in an 

uncommanded engine shutdown, accomplish 

the following: 

Replacement of Overhead Fire Extinguisher 

Control Panel and Follow-on Actions 

(a) Within 16 months after the effective 

date of this AD: Replace the overhead fire 

extinguisher control panels with new, 

improved fire extinguisher control panels, by 

accomplishing all of the actions specified in 

Paragraphs 2.A, 2.B(1) through (4) inclusive, 

and 2.C, of the Accomplishment Instructions 

of Dornier Service Bulletin SB–328J–26–156 

or SB–328J–26–161, both dated February 26, 

2002; as applicable.

Note 1: Dornier Service Bulletins SB–328J–

26–156 and SB–328J–26–161 refer to Smiths 

Aerospace Service Bulletins 371–01 and 370–

01, respectively, both dated February 20, 

2002, as additional sources of service 

information for accomplishment of the 

required actions.

Parts Installation 

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

person may install fire extinguisher control 

panels manufactured by Smiths Aerospace 

having part numbers 715740–1 or 715355–1 

on any airplane. 

Alternative Methods of Compliance 

(c) In accordance with 14 CFR 39.19, the 

Manager, International Branch, ANM–116, 

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–328J–26–

156, dated February 26, 2002; or Dornier 

Service Bulletin SB–328J–26–161, dated 

February 26, 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 Office of the Federal 

Register, 800 North Capitol Street, NW., suite 

700, Washington, DC.

Note 2: The subject of this AD is addressed 

in German airworthiness directives 2002–

251, dated September 5, 2002; and 2002–335, 

dated October 17, 2002.

Effective Date 

(e) This amendment becomes effective on 

March 17, 2004.

Issued in Renton, Washington, on January 

29, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–2579 Filed 2–10–04; 8:45 am] 

BILLING CODE 4910–13–P