[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Proposed Rules]
[Pages 46569-46572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18434]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0857; Directorate Identifier 2007-NM-317-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-300 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 328-300 
airplanes. The existing AD currently 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

[[Page 46570]]

system; as applicable. The existing AD also requires revising the 
Airworthiness Limitations section 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 a calendar-based 
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 September 10, 
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, Post 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-2008-0857; 
Directorate Identifier 2007-NM-317-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 July 20, 2005, we issued AD 2005-15-16, amendment 39-14205 (70 
FR 44046, August 1, 2005), for certain AvCraft Dornier Model 328-300 
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; 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 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. 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 2005-15-16, 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 Airworthiness Limitations section. The threshold that we propose 
to revise was originally specified in two German airworthiness 
directives that correspond to AD 2005-15-16: German airworthiness 
directives D-2005-002 and D-2005-063, both dated January 26, 2005.

Relevant Service Information

    Dornier has issued Section G, ``Fuel Tank System Limitations,'' 
Revision 2, dated January 31, 2005, of the Dornier 328 JET 
Airworthiness Limitations Document. 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 harnesses.
     System Code 28-00-99-00 (sub-tasks 28-00-99-01, 28-00-99-
02, 28-00-99-03, 28-00-99-04, and 28-00-99-05) specifies critical 
design configuration control limitations (CDCCLs). The limitations 
apply to the cable bundle between the fuel quantity indication system 
and the tank wall, and to separation of certain power cables and lines 
from fuel lines.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    This proposed AD would supersede AD 2005-15-16 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

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD. The average labor rate is $80 per work 
hour.

[[Page 46571]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                               Number of U.S.-
          Actions--              Work hours         Parts         registered        Cost per        Fleet cost
                                                                  airplanes         airplane
----------------------------------------------------------------------------------------------------------------
Modification/installation                  95          $9,402  None, currently  $17,002 if an    None.
 with option 033F003                                                             affected
 installed (required by AD                                                       airplane is
 2005-15-16 and retained in                                                      placed on the
 this proposed AD).                                                              U.S. Register
                                                                                 in the future.
Modification/installation                  70          14,118  28.............  19,718.........  $552,104.
 without option 033F003
 installed (required by AD
 2005-15-16 and retained in
 this proposed AD).
Airworthiness limitations                   1            None  28.............  80.............  $2,240.
 revision.
----------------------------------------------------------------------------------------------------------------

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 39-14205 (70 FR 44046, August 1, 2005) and adding 
the following new airworthiness directive (AD):

328 Support Services GMBH (Formerly Avcraft Aerospace GmbH): Docket 
No. FAA-2008-0857; Directorate Identifier 2007-NM-317-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
10, 2008.

Affected ADs

    (b) This AD supersedes AD 2005-15-16.

Applicability

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

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 (k) 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 2005-15-16

Without Option 033F003 Installed: Modification and Installations

    (f) For airplanes without option 033F003 installed: Within 12 
months after September 6, 2005 (the effective date of AD 2005-15-
16), 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
 left-hand and right-hand fuel pumps.        service bulletin.
(2) Install insulation at the left-hand     Paragraph 1.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 1.B(3) of the
 harnesses.                                  service bulletin.
------------------------------------------------------------------------


[[Page 46572]]

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

    (g) For airplanes with option 033F003 installed: Within 12 
months after September 6, 2005, 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
 left-hand and right-hand fuel pumps.        service bulletin.
(2) Replace the wiring harness of the       Paragraph 2.B(2) of the
 auxiliary fuel system with a new wiring     service bulletin.
 harness.
(3) Install markings at fuel wiring         Paragraph 2.B(3) of the
 harnesses.                                  service bulletin.
(4) Install insulated couplings in the      Paragraph 2.B(5) of the
 fuel system.                                service bulletin.
------------------------------------------------------------------------

Revision to Airworthiness Limitations

    (h) Within 12 months after September 6, 2005, 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 by paragraph (k) of this AD, no alternative inspection 
intervals may be approved for this fuel tank system.

    Note 2: 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.

New Requirements of This AD

Revised Initial Compliance Time

    (i) For Sub-tasks 28-00-00-02 and 28-00-00-03 (``Detailed 
Inspection of Outer and Inner Fuel Tank Harness Internal''), as 
identified in AvCraft TR ALD-028, dated October 15, 2003; or Section 
G, ``Fuel Tank System Limitations,'' Revision 2, dated January 31, 
2005, of the Dornier 328 JET Airworthiness Limitations Document 
(ALD), the initial compliance time is within 8 years after the 
effective date of this AD. Thereafter, except as provided by 
paragraph (k) of this AD, these tasks must be accomplished at the 
repetitive interval specified in Section G, ``Fuel Tank System 
Limitations,'' Revision 2, dated January 31, 2005, of the Dornier 
328 JET Airworthiness Limitations Document.

No Alternative Inspections, Inspection Intervals, or Critical 
Design Configuration Control Limitations (CDCCLs)

    (j) After accomplishing the actions specified in paragraphs (f), 
(g), and (h), and the initial inspections in paragraph (i) of this 
AD, no alternative inspections, inspection intervals, or critical 
design configuration control limitations (CDCCLs) may be used unless 
the inspections, intervals, or CDCCLs are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (k) of this AD.

Alternative Methods of Compliance (AMOCs)

    (k) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested using the procedures found in 14 CFR 39.19. 
Send information to ATTN: 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. 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

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

    Issued in Renton, Washington, on July 29, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-18434 Filed 8-8-08; 8:45 am]
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