[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Proposed Rules]
[Pages 21346-21349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8277]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21054; Directorate Identifier 2005-NM-054-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Dornier Model 328-300 series airplanes. This proposed AD 
would require modifying the electrical wiring of the fuel pumps; 
installing insulation at the flow control and shut-off valves, and 
other components of the environmental control system; installing 
markings at fuel wiring harnesses; replacing the wiring harness of the 
auxiliary fuel system with a new wiring harness; and installing 
insulated couplings in the fuel system; as applicable. This proposed AD 
also would require revising the Airworthiness Limitations section of 
the Instructions for Continued Airworthiness to incorporate new 
inspections of the fuel tank system. This proposed AD is prompted by 
the results of fuel system reviews conducted by the airplane 
manufacturer. We are proposing this AD to reduce the potential of 
ignition sources inside fuel tanks, which, in combination with 
flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by May 26, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
AvCraft Aerospace GmbH, PO Box 1103, D-82230 Wessling, Germany.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This 
docket number is FAA-2005-21054; the directorate identifier for this 
docket is 2005-NM-054-AD.

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:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-21054; 
Directorate Identifier 2005-NM-054-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will

[[Page 21347]]

consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket website, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    The FAA has examined the underlying safety issues involved in 
recent fuel tank explosions on several large transport airplanes, 
including the adequacy of existing regulations, the service history of 
airplanes subject to those regulations, and existing maintenance 
practices for fuel tank systems. As a result of those findings, we 
issued a regulation titled ``Transport Airplane Fuel Tank System Design 
Review, Flammability Reduction and Maintenance and Inspection 
Requirements'' (67 FR 23086, May 7, 2001). In addition to new 
airworthiness standards for transport airplanes and new maintenance 
requirements, this rule included Special Federal Aviation Regulation 
No. 88 (``SFAR 88,'' Amendment 21-78, and subsequent Amendments 21-82 
and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: Single failures, single failures in 
combination with another latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    The Joint Aviation Authorities (JAA) has issued a regulation that 
is similar to SFAR 88. (The JAA is an associated body of the European 
Civil Aviation Conference (ECAC) representing the civil aviation 
regulatory authorities of a number of European States who have agreed 
to co-operate in developing and implementing common safety regulatory 
standards and procedures.) Under this regulation, the JAA stated that 
all members of the ECAC that hold type certificates for transport 
category airplanes are required to conduct a design review against 
explosion risks.
    We have determined that the actions identified in this AD are 
necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane.
    In light of these findings, the Luftfahrt-Bundesamt (LBA), which is 
the airworthiness authority for Germany, issued German airworthiness 
directives D-2005-002 (for airplanes with option 033F003 installed) and 
D-2005-063 (for airplanes without option 033F003 installed), both dated 
January 26, 2005, to address the unsafe condition previously described 
on Dornier Model 328-300 series airplanes.

Relevant Service Information

    The airplane manufacturer has issued Dornier Service Bulletin SB-
328J-00-197, dated August 23, 2004 (for airplanes without option 
033F003 installed); and Dornier Service Bulletin SB-328J-00-198, dated 
August 23, 2004 (for airplanes with option 033F003 installed).
    Dornier Service Bulletin SB-328J-00-197 describes procedures for:
    1. Modifying the electrical wiring of the left-hand and right-hand 
fuel pumps, which includes installing new supports, wet-installing 
plugs, and torquing and securing nuts;
    2. Installing insulation at the left-hand and right-hand flow 
control and shut-off valves, and other components of the environmental 
control system (i.e., cross bleed valve, temperature control valve and 
cold air unit of the environmental control unit, and bleed air inlet), 
which includes replacing the existing flex joint covers of the bleed 
air ducts with new covers;
    3. Installing markings at fuel wiring harnesses; and
    4. Amending the Airworthiness Limitations Document (ALD).
    Dornier Service Bulletin SB-328J-00-198 describes procedures 
similar to those described in items 1, 3, and 4 above for Dornier 
Service Bulletin SB-328J-00-197. Dornier Service Bulletin SB-328J-00-
198 also describes procedures for replacing the wiring harness of the 
auxiliary fuel system with a new wiring harness and installing 
insulated couplings in the fuel system.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The LBA mandated 
the service information to ensure the continued airworthiness of these 
airplanes in Germany.

FAA's Determination and Requirements of the Proposed AD

    This airplane model is manufactured in Germany and is 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. We have examined the LBA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States. Therefore, we are proposing this AD, 
which would require accomplishing the actions specified in the service 
information described previously. This proposed AD also would require 
revising the Airworthiness Limitations section of the Instructions for 
Continued Airworthiness to incorporate new inspections of the fuel tank 
system.

[[Page 21348]]

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD. The average labor rate is $65 per 
hour.

                                                                     Estimated Costs
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                                                                     Number of U.S.-registered
            For airplanes--              Work hours     Parts                airplanes                   Cost per airplane              Fleet cost
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With option 033F003 installed.........           95       $9,402  Currently, none of these        $15,577 if an affected          None.
                                                                   affected airplanes are on the   airplane is imported and
                                                                   U.S. Register.                  placed on the U.S. Register
                                                                                                   in the future.
Without option 033F003 installed......           70       14,118  47............................  $18,668.......................  $877,396.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): Docket No. 
FAA-2005-21054; Directorate Identifier 2005-NM-054-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by May 26, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dornier Model 328-300 series airplanes, 
certificated in any category, serial numbers 3105 through 3223 
inclusive.

Unsafe Condition

    (d) This AD was prompted by the results of fuel system reviews 
conducted by the airplane manufacturer. We are issuing this AD to 
reduce the potential of ignition sources inside fuel tanks, which, 
in combination with flammable fuel vapors, could result in fuel tank 
explosions and consequent loss of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Without Option 033F003 Installed: Modification and Installations

    (f) For airplanes without option 033F003 installed: Within 12 
months after the effective date of this AD, do the actions in Table 
1 of this AD in accordance with the Accomplishment Instructions of 
Dornier Service Bulletin SB-328J-00-197, dated August 23, 2004.

  Table 1.--Requirements for Airplanes Without Option 033F003 Installed
------------------------------------------------------------------------
                                              By accomplishing all the
        Do the following actions--             actions specified in--
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(1) Modify the electrical wiring of the     Paragraph 2.B(1) of the
 left-hand and right-hand fuel pumps.        service bulletin.
(2) Install insulation at the left-hand     Paragraph 2.B(2) of the
 and right-hand flow control and shut-off    service bulletin.
 valves and other components of the
 environmental control system.
(3) Install markings at fuel wiring         Paragraph 2.B(3) of the
 harnesses.                                  service bulletin.
------------------------------------------------------------------------

With Option 033F003 Installed: Modification, Replacement, and 
Installation

    (g) For airplanes with option 033F003 installed: Within 12 
months after the effective date of this AD, do the actions in Table 
2 of this AD in accordance with the Accomplishment Instructions of 
Dornier Service Bulletin SB-328J-00-198, dated August 23, 2004.

   Table 2.--Requirements for Airplanes With Option 033F003 Installed
------------------------------------------------------------------------
                                              By accomplishing all the
        Do the following actions--             actions specified in--
------------------------------------------------------------------------
(1) Modify the electrical wiring of the     Paragraph 1.B(1) of the
 left-hand and right-hand fuel pumps.        service bulletin.

[[Page 21349]]

 
(2) Replace the wiring harness of the       Paragraph 1B(2) of the
 auxiliary fuel system with a new wiring     service bulletin.
 harness.
(3) Install markings at fuel wiring         Paragraph 1B(3) of the
 harnesses.                                  service bulletin.
(4) Install insulated couplings in the      Paragraph 1B(5) of the
 fuel system.                                service bulletin.
------------------------------------------------------------------------

Revision to Airworthiness Limitations

    (h) Within 12 months after the effective date of this AD, revise 
the Airworthiness Limitations section of the Instructions for 
Continued Airworthiness by inserting a copy of Dornier Temporary 
Revision TR ALD-028, dated October 15, 2003, into the Dornier 328JET 
Airworthiness Limitations Document. Thereafter, except as provided 
in paragraph (i) of this AD, no alternative inspection intervals may 
be approved for this fuel tank system.

Alternative Methods of Compliance (AMOCs)

    (i) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

Related Information

    (j) German airworthiness directives D-2005-002 (for airplanes 
with option 033F003 installed) and D-2005-063 (for airplanes without 
option 033F003 installed), both dated January 26, 2005, also address 
the subject of this AD.

    Issued in Renton, Washington, on April 18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-8277 Filed 4-25-05; 8:45 am]
BILLING CODE 4910-13-P