[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63569-63572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28299]



[[Page 63569]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1074; Directorate Identifier 2009-NM-177-AD; 
Amendment 39-16106; AD 2008-17-01 R1]
RIN 2120-AA64


Airworthiness Directives; 328 Support Services GmbH (Dornier) 
Model 328-100 Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
which applies to all 328 Support Services GmbH (Dornier) Model 328-100 
airplanes. That 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. That 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 clarifies the intended effect of the 
AD on spare and on-airplane fuel tank system components. 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 is effective December 21, 2009.
    On September 17, 2008 (73 FR 47027, August 13, 2008), the Director 
of the Federal Register approved the incorporation by reference of 
certain publications listed in the AD.
    On July 29, 2005 (70 FR 36470, June 24, 2005), the Director of the 
Federal Register approved the incorporation by reference of certain 
other publications listed in the AD.
    We must receive any comments on this AD by January 19, 2010.

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, 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 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:

Discussion

    On July 29, 2008, we issued AD 2008-17-01, Amendment 39-15639 (73 
FR 47027, August 13, 2008). That AD applied to all 328 Support Services 
GmbH (Dornier) Model 328-100 airplanes. That AD required modifying the 
electrical wiring of the hand 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 AD also required revising the Airworthiness Limitations 
section (ALS) of the Instructions for Continued Airworthiness to 
incorporate new inspections of the fuel tank system.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.

Actions Since AD Was Issued

    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

    Some operators have questioned whether existing components affected 
by the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the ALS. But once 
the CDCCLs are incorporated into the ALS, future maintenance actions on 
components must be done in accordance with those CDCCLs.

FAA's Determination and Requirements of This AD

    The affected products have been approved by the aviation authority 
of another country, and are approved for operation in the United 
States. We are issuing this AD because we evaluated all pertinent 
information and determined the unsafe condition exists and is likely to 
exist or develop on other products of the same type design. This new AD 
retains the requirements of the existing AD, and adds a new note to 
clarify the intended effect of the AD on spare and on-airplane fuel 
tank system components.

Costs of Compliance

    This revision imposes no additional economic burden. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:
    This AD affects about 16 airplanes of U.S. registry. The actions 
that are required by AD 2005-13-24 and

[[Page 63570]]

retained in this 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 ALS revision required by AD 2008-17-01 and retained in this AD 
takes about 1 work hour per airplane. Based on these figures, the 
estimated cost of this action specified in this AD for U.S. operators 
is $1,280, or $80 per airplane.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-1074; Directorate Identifier 2009-NM-177-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this 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 AD.

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 the 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 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 part 39 of the Federal Aviation Regulations (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 removing Amendment 39-15639 (73 FR 
47027, August 13, 2008) and adding the following new AD:

2008-17-01 R1 328 Support Services GMBH (Formerly, AvCraft Aerospace 
GmbH, formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt 
GmbH): Amendment 39-16106. Docket No. FAA-2009-1074; Directorate 
Identifier 2009-NM-177-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 21, 
2009.

Affected ADs

    (b) This AD revises AD 2008-17-01, Amendment 39-15639.

Applicability

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

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 Requirements of AD 2005-13-24, With No Changes

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.

[[Page 63571]]



                          Table 1--Requirements
------------------------------------------------------------------------
                                             By accomplishing all the
       Do the following actions--             actions specified in--
------------------------------------------------------------------------
(1) Modify the electrical wiring of the  Paragraph 2.B(1) of AvCraft
 left-hand and right-hand fuel pumps.     Service Bulletin SB-328-00-
                                          445, dated August 23, 2004; or
                                          Revision 1, dated June 17,
                                          2005.
(2) Install insulation at the left-hand  Paragraph 2.B(2) of AvCraft
 and right-hand flow control and shut-    Service Bulletin SB-328-00-
 off valves, and other components of      445, dated August 23, 2004; or
 the environmental control system.        Revision 1, dated June 17,
                                          2005.
(3) Install markings at fuel wiring      Paragraph 2.B(3) of AvCraft
 harnesses.                               Service Bulletin SB-328-00-
                                          445, dated August 23, 2004; or
                                          Revision 1, dated June 17,
                                          2005.
------------------------------------------------------------------------

Revision to Airworthiness Limitations

    (g) Within 12 months after July 29, 2005, revise the 
Airworthiness Limitations section (ALS) 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.

Restatement of Requirements of AD 2008-17-01, With No Changes

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 September 17, 2008 (the effective date of AD 2008-17-01). 
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.

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

    (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 approved as an alternative method of compliance (AMOC) 
in accordance with the procedures specified in paragraph (j) of this 
AD.

New Information

Explanation of CDCCL Requirements

    Note 2: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the ALS, 
as required by paragraph (g) of this AD, do not need to be reworked 
in accordance with the CDCCLs. However, once the ALS has been 
revised, future maintenance actions on these components must be done 
in accordance with the CDCCLs.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, ANM-116, International Branch, 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) 425-1149. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards District Office. The AMOC approval letter must 
specifically reference this AD.

Related Information

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

Material Incorporated by Reference

    (l) You must use the service information contained in Table 2 of 
this AD, as applicable, to do the actions required by this AD, 
unless the AD specifies otherwise.

                                   Table 2--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
         Service information                     Revision level                             Date
----------------------------------------------------------------------------------------------------------------
AvCraft Service Bulletin SB[dash]328- Original............................  August 23, 2004.
 00-445, including Price Information
 Sheet.
AvCraft Service Bulletin SB[dash]328- 1...................................  June 17, 2005.
 00-445.
Dornier Temporary Revision ALD-080..  Original............................  October 15, 2003.
Section F, ``Fuel Tank System         15..................................  January 15, 2005.
 Limitations,'' of Dornier 328
 Airworthiness Limitations Document.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register previously approved the 
incorporation by reference of AvCraft Service Bulletin SB-328-00-
445, Revision 1, dated June 17, 2005; and Section F, ``Fuel Tank 
System Limitations,'' of Dornier 328 Airworthiness Limitations 
Document, Revision 15, dated January 15, 2005 on September 17, 2008 
(73 FR 47027, August 13, 2008).
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of AvCraft Service Bulletin SB-328-00-
445, including Price Information Sheet, dated August 23, 2004; and 
Dornier Temporary Revision ALD-080, dated October 15, 2003; on July 
29, 2005 (70 FR 36470, June 24, 2005).
    (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.

[[Page 63572]]

    (4) You may review copies of the service information 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 that 
is incorporated by reference 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 November 18, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28299 Filed 12-3-09; 8:45 am]
BILLING CODE 4910-13-P