[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Proposed Rules]
[Pages 3217-3219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31965]



[[Page 3217]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9568; Directorate Identifier 2016-NM-150-AD]
RIN 2120-AA64


Airworthiness Directives; 328 Support Services GmbH (Type 
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild 
Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain 328 Support Services GmbH Model 328-100 airplanes and 328 
Support Services GmbH Model 328-300 airplanes. This proposed AD was 
prompted by reports of broken bonding wires of certain fuel line 
clamps. This proposed AD would require a one-time inspection of certain 
fuel line clamps for discrepancies, and replacement of any discrepant 
clamps. We are proposing this AD to address the unsafe condition on 
these products.

DATES: We must receive comments on this proposed AD by February 27, 
2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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; email [email protected]; Internet http://www.328support.de. You may view this referenced service information at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9568; 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 
Operations 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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; 
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-2016-9568; 
Directorate Identifier 2016-NM-150-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 based on 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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2016-0169, dated August 17, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain 328 Support 
Services GmbH Model 328-100 and Model 328-300 airplanes. The MCAI 
states:

    Occurrences of broken bonding wires of the fuel line clamps have 
been reported on Dornier 328-100 and Dornier 328-300 aeroplanes 
equipped with fuel line clamps Part Number (P/N) 14C02-10A, or P/N 
14C02-12A, or P/N 14C02-16A. The affected fuel line clamps have been 
installed in accordance with the instructions of SB-328-28-490 or 
SB-328J-28-241 to reduce occurrences of fuel line chafing.
    The results of the investigation did not identify design 
deficiency or production failure of the fuel line clamps. It is 
assumed that the chafing and breaking of the bonding wires are 
caused either by excessive vibration, misalignment, excessive 
installation tolerances or mistakes on installation or a combination 
* * * thereof.
    This condition, if not detected and corrected, could lead to the 
loss of bonding function and, in combination with a lightning 
strike, create a source of ignition in a fuel tank, possibly 
resulting in a fire or explosion and consequent loss of the 
aeroplane.
    To address this unsafe condition, 328 Support Services issued 
Alert Service Bulletin ASB-328-28-041 for Dornier 328-100 aeroplanes 
and ASB-328J-28-018 for Dornier 328-300 aeroplanes respectively 
(hereafter referred to collectively as `the applicable ASB' in this 
[EASA] AD) providing inspection instructions.
    For the reason stated above, this [EASA] AD requires a one-time 
inspection of the fuel line clamps [for discrepancies including 
damaged, worn, or missing bonding wires, and chafing or incorrect 
alignment of jet pumps, connection parts, and fuel lines] and, 
depending on findings, replacement. This [EASA] AD also requires the 
reporting of all inspection results to the design approval holder.
    This [EASA] AD is considered an interim action and further 
[EASA] AD action may follow.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9568.

Related Service Information Under 1 CFR Part 51

    328 Support Services GmbH issued Alert Service Bulletin ASB-328J-
28-018, Revision 1, dated October 13, 2016; and Alert Service Bulletin 
ASB-328-28-041, Revision 1, dated October 13, 2016. The service 
information describes a one-time inspection of the fuel line clamps, 
and replacement of any clamps with worn or missing bonding wires. These 
documents are distinct since they apply to different airplane models.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This 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

[[Page 3218]]

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 these same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 35 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection............................  8 work-hours x $85 per                $0            $680         $23,800
                                         hour = $680.
Reporting.............................  1 work-hour x $85 per                  0              85           2,975
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of airplanes that might need 
these replacements.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                      Labor cost               Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement of discrepant clamps    Up to 1 work-hour x    Up to $560................  Up to $645.
 on Model 328-100 airplanes.         $85 per hour = $85.
Replacement of discrepant clamps    Up to 1 work-hour x    Up to $588................  Up to $673.
 on Model 328-300 airplanes.         $85 per hour = $85.
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD has 
been detailed in the Costs of Compliance section of this document and 
includes time for reviewing instructions, as well as completing and 
reviewing the collection of information. Therefore, all reporting 
associated with this proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to the FAA at 800 Independence Ave. SW., Washington, DC 
20591, ATTN: Information Collection Clearance Officer, AES-200.

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 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 this 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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

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):

328 Support Services GmbH (Type Certificate Previously Held by 
AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt 
GmbH): Docket No. FAA-2016-9568; Directorate Identifier 2016-NM-150-
AD.

(a) Comments Due Date

    We must receive comments by February 27, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to 328 Support Services GmbH (Type Certificate 
Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; 
Dornier Luftfahrt GmbH) airplanes, certificated in any category, 
identified in paragraphs (c)(1) and (c)(2) of this AD.

[[Page 3219]]

    (1) Model 328-100 airplanes, on which Dornier 328 Service 
Bulletin SB-328-28-490, has been incorporated.
    (2) Model 328-300 airplanes, on which Dornier 328J Service 
Bulletin SB-328J-28-241, has been incorporated.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of broken bonding wires of 
certain fuel line clamps. We are issuing this AD to prevent the loss 
of bonding function, which, in combination with a lightning strike, 
could create a source of ignition in a fuel tank, possibly resulting 
in a fire or explosion and consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection

    Within 6 months after the effective date of this AD, do a one-
time general visual inspection for discrepancies, as identified in, 
and in accordance with, the Accomplishment Instructions of the 
service information specified in paragraph (g)(1) or (g)(2) of this 
AD, as applicable.
    (1) 328 Support Services GmbH Alert Service Bulletin ASB-328-28-
041, Revision 1, dated October 13, 2016 (Model 328-100 airplanes).
    (2) 328 Support Services GmbH Alert Service Bulletin ASB-328J-
28-018, Revision 1, dated October 13, 2016 (Model 328-300 
airplanes).

(h) Replacement of Parts

    If any discrepancy is found during the inspection required by 
paragraph (g) of this AD, before further flight, replace the 
affected clamp in accordance with the Accomplishment Instructions of 
the service information specified in paragraph (g)(1) or (g)(2) of 
this AD, as applicable.

(i) Reporting

    At the applicable time specified in paragraph (i)(1) or (i)(2) 
of this AD, report the inspection results, positive or negative, to 
328 Support Services, GmbH, Global Support Center, P.O. Box 1252, D-
82231 Wessling, Federal Republic of Germany; fax +49 8153 88111 
6565; email [email protected]. The report must include findings 
on fuel line clamps, aircraft serial number, total flight hours, and 
total landings.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using the service information 
specified in paragraph (j)(1) or (j)(2) of this AD.
    (1) 328 Support Services GmbH Alert Service Bulletin ASB-328-28-
041, dated June 14, 2016.
    (2) 328 Support Services GmbH Alert Service Bulletin ASB-328J-
28-018, dated June 3, 2016.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): 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. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or 328 Support Services 
GmbH's EASA Design Organization Approval (DOA). If approved by the 
DOA, the approval must include the DOA-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2016-0169, dated August 17, 
2016, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-9568.
    (2) 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; email [email protected]; Internet 
http://www.328support.de. You may view this service information at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at 
the FAA, call 425-227-1221.

    Issued in Renton, Washington, on December 27, 2016.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-31965 Filed 1-10-17; 8:45 am]
 BILLING CODE 4910-13-P