[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Rules and Regulations]
[Pages 8853-8856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3871]


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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; 
Amendment 39-15785; AD 2009-01-06]
RIN 2120-AA64


Airworthiness Directives; 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 superseding an existing airworthiness directive 
(AD), which applies to all AvCraft Dornier Model 328-300 airplanes. 
That 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 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 new AD replaces the flight-hour-based 
threshold for conducting certain initial inspections, with a calendar-
based threshold. 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.

DATES: This AD becomes effective April 3, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 3, 
2009.
    On September 6, 2005 (70 FR 44046, August 1, 2005), the Director of 
the Federal Register approved the incorporation by reference of certain 
other publications referenced in this AD.

ADDRESSES: For service information identified in this AD, contact 328 
Support Services GmbH, Global Support Center, P.O. Box 1252, D-82231 
Wessling, Federal Republic of Germany; telephone +49 8153 88111 6666; 
fax +49 8153 88111 6565; e-mail [email protected]; Internet http://www.328support.de.

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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the

[[Page 8854]]

Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

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:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2005-15-16, amendment 
39-14205 (70 FR 44046, August 1, 2005). The existing AD applies to all 
AvCraft Dornier Model 328-300 airplanes. That NPRM was published in the 
Federal Register on August 11, 2008 (73 FR 46569). That NPRM proposed 
to continue 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 NPRM also 
proposed to continue to require revising the Airworthiness Limitations 
section of the Instructions for Continued Airworthiness to incorporate 
new inspections of the fuel tank system. That NPRM also proposed to 
replace the flight-hour-based threshold for conducting certain initial 
inspections, with a calendar-based threshold.

Comments

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

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

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

                                                 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 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 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 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 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14205 (70 FR 44046, August 1, 2005) and by adding 
the following new airworthiness directive (AD):

2009-01-06 328 Support Services GmbH (Formerly Avcraft Aerospace 
GmbH, formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt 
GmbH): Amendment 39-15785. Docket No. FAA-2008-0857; Directorate 
Identifier 2007-NM-317-AD.

[[Page 8855]]

Effective Date

    (a) This AD becomes effective April 3, 2009.

Affected ADs

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

Applicability

    (c) This AD applies to all 328 Support Services GmbH 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-     service bulletin.
 off valves and other components of the
 environmental control system.
(3) Install markings at fuel wiring       Paragraph 1.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 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 (ALD). 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 ALD. When this TR 
has been included in general revisions of the AvCraft 328JET ALD, 
the TR 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,'' of the AvCraft Dornier 328JET 
ALD TM-ALD-010599-ALL, Revision 2, dated January 31, 2005, 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,'' of the 
AvCraft Dornier 328JET ALD TM-ALD-010599-ALL, Revision 2, dated 
January 31, 2005.

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) European Aviation Safety Agency Airworthiness Directive 
2006-0197 [Corrected], dated July 11, 2006, also addresses the 
subject of this AD.

Material Incorporated by Reference

    (m) You must use the service information identified in Table 3 
of this AD, as applicable, to perform the actions that are

[[Page 8856]]

required by this AD, unless the AD specifies otherwise.

                                 Table 3--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
          Service information                         Revision                               Date
----------------------------------------------------------------------------------------------------------------
AvCraft Service Bulletin SB-328J-00-    Original...........................  August 23, 2004.
 197, including Price Information
 Sheet.
AvCraft Service Bulletin SB-328J-00-    Original...........................  August 23, 2004.
 198, including Price Information
 Sheet.
AvCraft Temporary Revision ALD-028 to   Original...........................  October 15, 2003.
 the AvCraft 328JET Airworthiness
 Limitations Document.
Section G of the AvCraft Dornier        2..................................  January 31, 2005.
 328JET ALD TM-ALD-010599-ALL.
----------------------------------------------------------------------------------------------------------------

    Revision 2, dated January 31, 2005, of AvCraft Dornier 328JET 
ALD TM-ALD-010599-ALL contains the following effective pages:

 
----------------------------------------------------------------------------------------------------------------
                                                             Revision
      Page title/description          Page  number(s)         number               Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
                                             List of Effective Pages
----------------------------------------------------------------------------------------------------------------
ALD Title Page...................  None shown...........               2  January 31, 2005.
ALD List of Effective Pages......  1-2..................               2  January 31, 2005.
----------------------------------------------------------------------------------------------------------------
                                     Section G, Fuel Tank System Limitations
----------------------------------------------------------------------------------------------------------------
                                   1-3, G-4.............               2  January 31, 2005.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of Section G, ``Fuel Tank System 
Limitations,'' of the AvCraft Dornier 328JET ALD TM-ALD-010599-ALL, 
Revision 2, dated January 31, 2005, under 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) On September 6, 2005 (70 FR 44046, August 1, 2005), the 
Director of the Federal Register approved the incorporation by 
reference of the service information identified in Table 4 of this 
AD.

         Table 4--Material Previously 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.
------------------------------------------------------------------------

    (3) For service information identified in this AD, contact 328 
Support Services GmbH, Global Support Center, P.O. Box 1252, D-82231 
Wessling, Federal Republic of Germany; telephone +49 8153 88111 
6666; fax +49 8153 88111 6565; e-mail [email protected]; Internet 
http://www.328support.de.
    (4) You may review copies of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221 or 425-227-1152.
    (5) You may also review copies of the service information at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or 
go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 18, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E9-3871 Filed 2-26-09; 8:45 am]
BILLING CODE 4910-13-P