[Federal Register Volume 73, Number 100 (Thursday, May 22, 2008)]
[Proposed Rules]
[Pages 29720-29722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11469]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0584; Directorate Identifier 2007-NM-315-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 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 supersede an existing airworthiness 
directive (AD) that applies to all AvCraft Dornier Model 328-100 
airplanes. The existing AD currently 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. The 
existing AD also requires revising the Airworthiness Limitations 
section (ALS) of the Instructions for Continued Airworthiness to 
incorporate new inspections of the fuel tank system. This proposed AD 
would replace the flight-hour-based threshold for conducting certain 
initial inspections, with an 8-year threshold. This proposed AD results 
from fuel system reviews conducted by the 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 June 23, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact 328 Support 
Services GmbH, P.O. Box 1252, D-82231 Wessling, Germany.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1503; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0584; 
Directorate Identifier 2007-NM-315-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On June 15, 2005, we issued AD 2005-13-24, amendment 39-14161 (70 
FR 36470, June 24, 2005), for all AvCraft Dornier Model 328-100 
airplanes. That 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; and 
installing markings at fuel wiring harnesses. That AD also requires 
revising the Airworthiness Limitations section (ALS) of the 
Instructions for Continued Airworthiness to incorporate new inspections 
of the fuel tank system. That AD resulted from fuel system reviews 
conducted by the manufacturer.

[[Page 29721]]

We issued that 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.

Actions Since Existing AD Was Issued

    Since we issued AD 2005-13-24, the European Aviation Safety Agency 
(EASA), which is the Technical Agent for the Member States of the 
European Community, has assumed responsibility for the airplane model 
subject to this AD, and has issued EASA Airworthiness Directive 2006-
0197 [Corrected], dated July 11, 2006. The EASA airworthiness directive 
revises the threshold for conducting the initial inspections specified 
in the ALS. That threshold was originally specified in the German 
airworthiness directive that corresponds to AD 2005-13-24: German 
airworthiness directive D-2005-001, dated January 26, 2005.

Relevant Service Information

    AvCraft Dornier has issued Service Bulletin SB-328-00-445, Revision 
1, dated June 17, 2005. We referred to the original issue of the 
service bulletin, dated August 23, 2004, as the appropriate source of 
service information for accomplishing certain actions required by AD 
2005-13-24. The procedures in Revision 1 of the service bulletin are 
essentially the same as those in the original issue. However, Figure 4, 
a wiring harness diagram, is corrected in Revision 1 of the service 
bulletin. Accomplishing the actions specified in the service 
information is intended to adequately address the unsafe condition.
    We have also reviewed Section F, ``Fuel Tank System Limitations,'' 
of the Dornier 328 Airworthiness Limitations Document (hereafter 
referred to as ``the ALD''), Revision 15, dated January 15, 2005. The 
limitations in the document are divided into two sections as follows:
     System Code 28-00-00 (sub-tasks 28-00-00-02 and 28-00-00-
03) specifies the scheduled maintenance tasks, which are detailed 
inspections of the outer and inner internal fuel tank harness.
     System Code 28-00-99-00 (sub-tasks 28-00-99-01, 28-00-99-
02, and 28-00-99-03) specifies critical design configuration control 
limitations (CDCCLs).

FAA's Determination and Requirements of the Proposed AD

    These airplanes 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. As described in FAA 
Order 8100.14A, ``Interim Procedures for Working with the European 
Community on Airworthiness Certification and Continued Airworthiness,'' 
dated August 12, 2005, the EASA has kept the FAA informed of the 
situation described above. We have examined the EASA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 2005-13-24 and would retain the 
requirements of the existing AD. This proposed AD would also replace 
the flight-hour-based threshold for conducting certain initial 
inspections, with a calendar-based threshold.

Costs of Compliance

    This proposed AD would affect about 16 airplanes of U.S. registry. 
The actions that are required by AD 2005-13-24 and retained in this 
proposed AD take about 70 work hours per airplane, at an average labor 
rate of $80 per work hour. Required parts cost about $14,118 per 
airplane. Based on these figures, the estimated cost of the currently 
required actions is $315,488, or $19,718 per airplane.
    The new proposed action to revise the Airworthiness Limitations 
section would take about 1 work hour per airplane. Based on these 
figures, the estimated cost of the new actions specified in this 
proposed AD for U.S. operators is $1,280, or $80 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 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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14161 (70 FR 36470, June 24, 2005) and adding the 
following new airworthiness directive (AD):

328 Support Services GmbH (Formerly Avcraft Aerospace GmbH): Docket 
No. FAA-2008-0584; Directorate Identifier 2007-NM-315-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by June 23, 
2008.

Affected ADs

    (b) This AD supersedes AD 2005-13-24.

Applicability

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

[[Page 29722]]

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
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.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include inspections. Compliance with these 
inspections is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered, or repaired in the areas 
addressed by these inspections, the operator may not be able to 
accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (j) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

Restatement of the Requirements of AD 2005-13-24

Modification and Installations

    (f) Within 12 months after July 29, 2005 (the effective date of 
AD 2005-13-24), 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; or Revision 1, dated June 17, 
2005.

                         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.
------------------------------------------------------------------------

Revision to Airworthiness Limitations

    (g) Within 12 months after July 29, 2005, 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 paragraphs 
(i) and (j) of this AD, no alternative inspection intervals may be 
approved for this fuel tank system.

New Requirements of This AD

Revised Initial Compliance Time

    (h) For Tasks 28-00-00-02 and 28-00-00-03 (``Detailed Inspection 
of Outer Fuel Tank harness internal, LH/RH,'' and ``Detailed 
Inspection of Inner Fuel Tank harness internal, LH/RH''), as 
identified in Dornier Temporary Revision ALD-080, dated October 15, 
2003, or Section F, ``Fuel Tank System Limitations,'' of the Dornier 
328 Airworthiness Limitations Document (ALD), Revision 15, dated 
January 15, 2005; the initial compliance time is within 8 years 
after the effective date of this AD. Thereafter, except as provided 
by paragraphs (i) and (j) of this AD, these tasks must be 
accomplished at the repetitive interval specified in Section F, 
``Fuel Tank System Limitations,'' of the Dornier 328 ALD, Revision 
15, dated January 15, 2005.

Later Revisions of the ALD

    (i) After accomplishing the actions specified in paragraphs (g) 
and (h) of this AD, no alternative inspections, inspection 
intervals, or CDCCLs may be used unless the inspections, intervals, 
or CDCCLs are part of a later revision of Section F, ``Fuel Tank 
System Limitations,'' of the Dornier 328 ALD, Revision 15, dated 
January 15, 2005, that is approved by the Manager, International 
Branch, ANM-116, FAA, or the European Aviation Safety Agency (EASA) 
(or its delegated agent); or unless the inspections, intervals, or 
CDCCLs are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (j) of this 
AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, ANM-116, International Branch, 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.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Related Information

    (k) EASA airworthiness directive 2006-0197 [Corrected], dated 
July 11, 2006, also addresses the subject of this AD.

    Issued in Renton, Washington, on May 14, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-11469 Filed 5-21-08; 8:45 am]
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