[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Proposed Rules]
[Pages 8878-8880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-4255]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-310-AD]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 and -300 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Dornier Model 328-100 and
-300 series airplanes. This proposal would 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.
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: Comments must be received by March 29, 2004.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 2002-NM-310-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments may be submitted via fax to (425) 227-1232.
Comments may also be sent via the Internet using the following address:
9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must
contain ``Docket No. 2002-NM-310-AD'' in the subject line and need not
be submitted in triplicate. Comments sent via the Internet as attached
electronic files must be formatted in Microsoft Word 97 or 2000 or
ASCII text.
The service information referenced in the proposed rule may be
obtained from AvCraft Aerospace GmbH, P.O. Box 1103, D-82230 Wessling,
Germany. This information may be examined at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.
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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this action may be changed in
light of the comments received.
Submit comments using the following format:
Organize comments issue-by-issue. For example,
discuss a request to change the compliance time and a request to change
the service bulletin reference as two separate issues.
For each issue, state what specific change to
the proposed AD is being requested.
Include justification (e.g., reasons or data)
for each request.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this action must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 2002-NM-310-AD.'' The postcard will be date stamped
and returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 2002-NM-310-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, notified the FAA that an unsafe condition may exist on
certain Dornier Model 328-100 and -300 series airplanes. The metal
oxide varistor (MOV) modules protect the propeller deice system from
the effects of lightning strikes. The transient absorption zener (TAZ)
diodes protect other ice protection functions from the effects of
lightning strikes. The LBA advises that 37% of the inspected fleet has
been found with TAZ diodes and MOV modules that are out of tolerance.
Further investigation revealed that the airplane maintenance manual
(AMM) does not include a check of this equipment following a lightning
strike. The out of tolerance condition, if not corrected, could result
in 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.
[[Page 8879]]
Explanation of Relevant Service Information
Dornier has issued Service Bulletins SB-328-30-417, dated January
24, 2002 (for Model 328-100 series airplanes), and SB-328J-30-150,
dated January 24, 2002 (for Model 328-300 series airplanes). The
service bulletins describe procedures for inspection of the MOV modules
and TAZ diodes to determine if those parts are out of tolerance, and
replacement of any MOV module or TAZ diode with a new part if found out
of tolerance. Accomplishment of the actions specified in the service
bulletins is intended to adequately address the identified unsafe
condition. The LBA classified these service bulletins as mandatory and
issued German airworthiness directives 2002-262 and 2002-263, both
dated September 19, 2002, to assure the continued airworthiness of
these airplanes in Germany.
FAA's Conclusions
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 the FAA informed of
the situation described above. The FAA has examined the findings of the
LBA, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require accomplishment of
the actions specified in the service bulletins described previously,
except as discussed below.
Difference Between Proposed Rule and Referenced Service Bulletin
Operators should note that, although the Accomplishment
Instructions of the referenced service bulletins describe procedures
for submitting a test report, this proposed AD would not require that
action. The FAA does not need this information from operators.
Cost Impact
The FAA estimates that 53 Model 328-100 series airplanes and 48
Model 328-300 series airplanes of U.S. registry would be affected by
this proposed AD.
For Model 328-100 airplanes, it would take approximately 6 work
hours per airplane to accomplish the proposed inspection, at an average
labor rate of $65 per work hour. Based on these figures, the cost
impact of the proposed AD on U.S. operators of these airplanes is
estimated to be $20,670, or $390 per airplane.
For Model 328-300 airplanes, it would take approximately 3 work
hours per airplane to accomplish the proposed inspection, at an average
labor rate of $65 per work hour. Based on these figures, the cost
impact of the proposed AD on U.S. operators of these airplanes is
estimated to be $9,360, or $195 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the proposed requirements
of this AD action, and that no operator would accomplish those actions
in the future if this proposed 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 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 proposal would not have federalism implications
under Executive Order 13132.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
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 is contained 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, pursuant to 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. Section 39.13 is amended by adding the following new
airworthiness directive:
Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): 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 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-116, Transport Airplane Directive, FAA, is authorized to
approve alternative methods of compliance (AMOCs) for this AD.
Note 1: The subject of this AD is addressed in German
airworthiness directives 2002-262
[[Page 8880]]
and 2002-263, both dated September 19, 2002.
Issued in Renton, Washington, on February 20, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-4255 Filed 2-25-04; 8:45 am]
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