[Federal Register Volume 70, Number 146 (Monday, August 1, 2005)]
[Rules and Regulations]
[Pages 44046-44048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14789]


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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; 
Amendment 39-14205; AD 2005-15-16]
RIN 2120-AA64


Airworthiness Directives; AvCraft Dornier Model 328-300 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 
certain AvCraft Dornier Model 328-300 airplanes. This AD requires 
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 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 September 6, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of 
September 6, 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-2005-21054; 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: The FAA proposed to amend 14 CFR part 39 
with an AD for certain AvCraft Dornier Model 328-300 airplanes. That 
action, published in the Federal Register on April 26, 2005 (70 FR 
21346), proposed to 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. 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. We have considered the single comment that was 
submitted on the proposed AD.

Provide for Incorporation of Temporary Revision By Normal Revision 
Process

    The commenter requests that we revise paragraph (h) of the proposed 
AD to provide for incorporation of AvCraft Temporary Revision (TR) ALD-
028, dated October 15, 2003, into the body of the Airworthiness 
Limitations section of the Instructions for Continued Airworthiness 
document through the normal revision process. The commenter notes that 
the proposed AD, as written, would require the TR to remain in the 
Airworthiness Limitations section forever. However, once the 
information in the TR is incorporated into the Airworthiness 
Limitations section through the normal revision process, the TR 
document will be unnecessary.
    We agree. We have revised paragraph (h) of this AD accordingly, and 
added a new note, Note 1, to clarify the revised language in paragraph 
(h). These changes will allow the TR to be removed from the 
Airworthiness Limitations once the information in the TR has been 
incorporated into the Airworthiness Limitations by the normal revision 
process.

Explanation of Change to Applicability

    We have revised the applicability of this AD to identify model 
designations as published in the most recent type certificate data 
sheet for the affected model.

Explanation of Changes to Tables 1 and 2 of Proposed AD

    Tables 1 and 2 of the proposed AD incorrectly referred to 
paragraphs that do not exist in the referenced service bulletins. We 
have revised Tables 1 and 2 of this AD to refer to the correct 
paragraphs in the referenced service bulletins.

[[Page 44047]]

Conclusion

    We have carefully reviewed the available data, including the 
comment that has been submitted, 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

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                       Number of U.S.-
         For airplanes--             Work    Parts        registered       Cost per  airplane      Fleet cost
                                    hours                 airplanes
----------------------------------------------------------------------------------------------------------------
With option 033F003 installed....       95   $9,402  Currently, none of   $15,577 if an        None.
                                                      these affected       affected airplane
                                                      airplanes are on     is imported and
                                                      the 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 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):

2005-15-16 Avcraft Aerospace GmbH (Formerly Fairchild Dornier GmbH): 
Amendment 39-14205. Docket No. FAA-2005-21054; Directorate 
Identifier 2005-NM-054-AD.

Effective Date

    (a) This AD becomes effective September 6, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to AvCraft Dornier Model 328-300 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 
AvCraft 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--
------------------------------------------------------------------------
(1) Modify the electrical wiring of the  Paragraph 1.B(1) of the service
 left-hand and right-hand fuel pumps.     bulletin.
(2) Install insulation at the left-hand  Paragraph 1.B(2) of the service
 and right-hand flow control and shut-    bulletin.
 off valves and other components of the
 environmental control system.
(3) Install markings at fuel wiring      Paragraph 1.B(3) of the service
 harnesses.                               bulletin.
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[[Page 44048]]

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 
AvCraft 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 2.B(1) of the service
 left-hand and right-hand fuel pumps.     bulletin.
(2) Replace the wiring harness of the    Paragraph 2.B(2) of the service
 auxiliary fuel system with a new         bulletin.
 wiring harness.
(3) Install markings at fuel wiring      Paragraph 2.B(3) of the service
 harnesses.                               bulletin.
(4) Install insulated couplings in the   Paragraph 2.B(5) of the service
 fuel system.                             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 to incorporate the information in AvCraft 
Temporary Revision (TR) ALD-028, dated October 15, 2003, into the 
AvCraft 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.

    Note 1: This may be done by inserting a copy of AvCraft TR ALD-
028, dated October 15, 2003, in the AvCraft 328JET Airworthiness 
Limitations Document. When this TR has been included in general 
revisions of the AvCraft 328JET Airworthiness Limitations Document, 
the temporary revision no longer needs to be inserted into the 
revised Airworthiness Limitations document.

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.

Material Incorporated by Reference

    (k) You must use the applicable documents in Table 3 of this AD 
to perform the actions that are required by this AD, unless the AD 
specifies otherwise. (Only the odd-numbered pages of AvCraft Service 
Bulletins SB-328J-00-197 and SB-328J-00-198 contain the issue date 
of the documents.) 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/cfr/ibr-locations.html.

              Table 3.--Material Incorporated by Reference
------------------------------------------------------------------------
         Service information                         Date
------------------------------------------------------------------------
AvCraft Service Bulletin SB-328J-00-  August 23, 2004.
 197, including Price Information
 Sheet.
AvCraft Service Bulletin SB-328J-00-  August 23, 2004.
 198, including Price Information
 Sheet.
AvCraft Temporary Revision ALD-028    October 15, 2003.
 to the AvCraft 328JET Airworthiness
 Limitations Document.
------------------------------------------------------------------------


    Issued in Renton, Washington, on July 20, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-14789 Filed 7-29-05; 8:45 am]
BILLING CODE 4910-13-P