[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Rules and Regulations]
[Pages 36470-36472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12304]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21053; Directorate Identifier 2005-NM-053-AD; 
Amendment 39-14161; AD 2005-13-24]
RIN 2120-AA64


Airworthiness Directives; AvCraft Dornier Model 328-100 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
AvCraft Dornier Model 328-100 airplanes. This AD requires modifying the 
electrical wiring of the fuel pumps; installing insulation at the hand 
flow control and shut-off valves, and other components of the 
environmental control system; and installing markings at fuel wiring 
harnesses. This AD also requires revising the Airworthiness Limitations 
section of the Instructions for Continued Airworthiness to incorporate 
new inspections of the fuel tank system. This AD is 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.

DATES: This AD becomes effective July 29, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of July 
29, 2005.

ADDRESSES: For service information identified in this AD, contact 
AvCraft Aerospace GmbH, P.O. Box 1103, D-82230 Wessling, Germany.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. 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 U.S. 
Department of Transportation, 400 Seventh Street, SW., room PL-401, 
Washington, DC. This docket number is FAA-2005-21053; the directorate 
identifier for this docket is 2005-NM-053-AD.

[[Page 36471]]


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: The FAA proposed to amend 14 CFR part 39 
with an AD for all AvCraft Dornier Model 328-100 airplanes. That 
action, published in the Federal Register on April 26, 2005 (70 FR 
21344), proposed to require modifying the electrical wiring of the fuel 
pumps; installing insulation at the hand flow control and shut-off 
valves, and other components of the environmental control system; and 
installing markings at fuel wiring harnesses. That action also proposed 
to require revising the Airworthiness Limitations section of the 
Instructions for Continued Airworthiness to incorporate new inspections 
of the fuel tank system.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been submitted on the proposed 
AD or on the determination of the cost to the public.

Explanation of Changes to Applicability and Reference Service Bulletin

    We have revised the applicability of the proposed AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models. We also have revised the airplane 
manufacturer's name of the referenced service bulletin, Dornier Service 
Bulletin SB-328-00-445, dated August 23, 2004, to ``AvCraft.''

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
changes described previously. We have determined that these changes 
will neither increase the economic burden on any operator nor increase 
the scope of the AD.

Costs of Compliance

    This AD will affect about 6 airplanes of U.S. registry. The 
required actions will take about 70 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts will cost about 
$14,118 per airplane. Based on these figures, the estimated cost of the 
AD for U.S. operators is $112,008, or $18,668 per airplane.

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 AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-13-24 AvCraft Aerospace GmbH (Formerly Fairchild Dornier GmbH): 
Amendment 39-14161. Docket No. FAA-2005-21053; Directorate 
Identifier 2005-NM-053-AD.

Effective Date

    (a) This AD becomes effective July 29, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all AvCraft Dornier Model 328-100 
airplanes, certificated in any category.

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.

Modification and Installations

    (f) 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 AvCraft Service Bulletin SB-328-00-445, dated August 
23, 2004.

                         Table 1.--Requirements
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                                                By accomplishing all the
          Do the following actions--             actions specified in--
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(1) Modify the electrical wiring of the left-  Paragraph 2.B(1) of the
 hand and right-hand fuel pumps.                service bulletin.
(2) Install insulation at the left-hand and    Paragraph 2.B(2) of the
 right-hand flow control and shut-off valves,   service bulletin.
 and other components of the environmental
 control system.
(3) Install markings at fuel wiring harnesses  Paragraph 2.B(3) of the
                                                service bulletin.
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[[Page 36472]]

Revision to Airworthiness Limitations

    (g) 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 ALD-080, dated October 15, 2003, into the Dornier 328 
Airworthiness Limitations Document. Thereafter, except as provided 
in paragraph (h) of this AD, no alternative inspection intervals may 
be approved for this fuel tank system.

Alternative Methods of Compliance (AMOCs)

    (h) 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

    (i) German airworthiness directive D-2005-001, dated January 26, 
2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use the service information specified in Table 2 of 
this AD to perform the actions that are required by this AD, unless 
the AD specifies otherwise. The Director of the Federal Register 
approves the incorporation by reference of these documents in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get copies of 
the service information, contact AvCraft Aerospace GmbH, P.O. Box 
1103, D-82230 Wessling, Germany. To view the AD docket, go to the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW, room PL-401, Nassif Building, Washington, DC. To 
review copies of the service information, go to the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at the NARA, call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

              Table 2.--Material Incorporated by Reference
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            Service information                          Date
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AvCraft Service Bulletin SB-328-00-445,      August 23, 2004.
 including Price Information Sheet.
Dornier Temporary Revision ALD-080.........  October 15, 2003.
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    Issued in Renton, Washington, on June 15, 2005.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12304 Filed 6-23-05; 8:45 am]
BILLING CODE 4910-13-P