[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Proposed Rules]
[Pages 8878-8880]
From the Federal Register Online via the Government Publishing 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: 
[email protected]. 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]
BILLING CODE 4910-13-P