[Federal Register: October 28, 2004 (Volume 69, Number 208)]
[Rules and Regulations]
[Page 62805-62806]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc04-3]
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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]
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