[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Proposed Rules]
[Pages 29786-29789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13756]


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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: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: We are revising an earlier proposal for an airworthiness 
directive (AD) for certain 328 Support Services GmbH Model 328-100 and 
Model 328-300 airplanes. This action revises the notice of proposed 
rulemaking (NPRM) by expanding the applicability and making certain 
inspections repetitive. We are proposing this AD to address the unsafe 
condition on these products. Since these actions impose an additional 
burden over those proposed in the NPRM, we are reopening the comment 
period to allow the public the chance to comment on these proposed 
changes.

DATES: The comment period for the NPRM published in the Federal 
Register on January 11, 2017 (82 FR 3217), is reopened.
    We must receive comments on this SNPRM by August 14, 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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this SNPRM, 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 
Office (telephone: 800-647-5527) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

[[Page 29787]]


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

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain 328 Support Services GmbH Model 328-100 and 
Model 328-300 airplanes. The NPRM published in the Federal Register on 
January 11, 2017 (82 FR 3217). The NPRM was prompted by reports of 
broken bonding wires of certain fuel line clamps. The NPRM proposed to 
require a one-time inspection of certain fuel line clamps for 
discrepancies, and replacement of any discrepant clamps.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we have determined that repetitive 
inspections are necessary to address the unsafe condition and that 
additional airplanes are affected by the unsafe condition and must be 
added to the applicability.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2017-0016, dated January 31, 2017 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition on all 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 Dornier 328 Service 
Bulletin (SB) SB-328-28-490 or SB-328J-28-241, as applicable, 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 the unsafe condition, 328 Support Services issued 
Alert SB (ASB) ASB-328-28-041 (for Dornier 328-100) and ASB-328J-28-
018 (for Dornier 328-300), providing inspection instructions.
    Consequently, EASA issued AD 2016-0169 [which corresponds to the 
NPRM] to require a one-time inspection of the fuel line clamps and, 
depending on findings, replacement. That [EASA] AD also required the 
reporting off all inspection results to the design approval holder.
    Since that [EASA] AD was issued, it was determined that 
repetitive inspections are necessary and 328 Support Services 
revised the applicable ASBs accordingly.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2016-0169, which is superseded, and requires 
repetitive inspections of all Hydraflow fuel line clamps [i.e., a 
general visual inspection of all Hydraflow fuel line clamps for worn 
and missing bonding wires; a general visual inspection of the jet 
pump outlet, connection part, and fuel lines for chafing marks; and 
a measurement of the depth of the chafing marks on affected parts] 
and continued reporting to the TC Holder.

    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 has issued Alert Service Bulletin ASB-328J-28-
018, Revision 2, dated December 12, 2016; and Alert Service Bulletin 
ASB-328-28-041, Revision 2, dated December 12, 2016. The service 
information describes procedures for a general visual inspection of all 
Hydraflow fuel line clamps for worn and missing bonding wires; a 
general visual inspection of the jet pump outlet, connection part, and 
fuel lines for chafing marks; a measurement of the depth of the chafing 
marks, and replacement of affected parts. 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.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We considered the comments received.

Request To Refer to Updated Service Information

    Two commenters, Patrick Brady and Christoph Thallmayr, requested 
that we revise the proposed AD to refer to the latest 328 Support 
Services Service Bulletins. The commenters stated that updated versions 
of the service information specify repetitive inspections at intervals 
of 2,500 flight hours. The commenters further noted that EASA issued an 
updated AD, which references the latest service information. Patrick 
Brady noted that the repetitive inspections could be scheduled with 
recurring ``5A'' inspections to ensure no additional downtime is 
needed.
    We agree with the request. We have revised this AD to refer to the 
updated service information and MCAI.

FAA's Determination and Requirements of This SNPRM

    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 these 
same type designs.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Costs of Compliance

    We estimate that this SNPRM affects 25 airplanes of U.S. registry
    We estimate the following costs to comply with this proposed AD:

[[Page 29788]]



                                                 Estimated Costs
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                                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections......................  8 work-hours x $85             $0  $680 per inspection   $17,000 per
                                    per hour = $680 per                cycle.                inspection cycle
                                    inspection cycle..
Reporting........................  1 work-hour x $85               0  $85 per inspection    $2,125 per
                                    per hour = $85 per                 cycle.                inspection cycle
                                    inspection cycle.
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    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 aircraft that might need 
these replacements.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                      Labor cost              Parts cost              Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement........................  Up to 1 work-hour x     Up to $588............  Up to $673.
                                      $85 per hour = $85.
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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 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 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 August 14, 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, as 
identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Model 328-100 airplanes, all serial numbers.
    (2) Model 328-300 airplanes, all serial numbers.

(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) Repetitive Inspections

    Within 6 months after the effective date of this AD, do a 
general visual inspection of all Hydraflow fuel line clamps for worn 
and missing bonding wires; do a general visual

[[Page 29789]]

inspection of the jet pump outlet, connection part, and fuel lines 
for chafing marks; and for parts with chafing marks, before further 
flight, measure the depth of the chafing marks; in accordance with 
the Accomplishment Instructions of the service information specified 
in paragraph (g)(1) or (g)(2) of this AD, as applicable. Repeat the 
inspections thereafter at intervals not to exceed 2,500 flight 
hours.
    (1) 328 Support Services GmbH Alert Service Bulletin ASB-328-28-
041, Revision 2, dated December 12, 2016 (for Model 328-100 
airplanes).
    (2) 328 Support Services GmbH Alert Service Bulletin ASB-328J-
28-018, Revision 2, dated December 12, 2016 (for Model 328-300 
airplanes).

(h) Replacement of Parts

    (1) If any worn or missing bonding wires are found during any 
inspection required by paragraph (g) of this AD, before further 
flight, replace all affected clamps, in accordance with the 
Accomplishment Instructions of the service information specified in 
paragraph (g)(1) or (g)(2) of this AD, as applicable.
    (2) If, during any inspection required by paragraph (g) of this 
AD, any chafing depth is found that is more than the replacement 
limits specified in the Accomplishment Instructions of the service 
information specified in paragraph (g)(1) or (g)(2) of this AD, as 
applicable, before further flight, replace all affected parts, 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 the initial inspection, parts 
replacement, and initial report required by paragraphs (g), (h), and 
(i) of this AD, if those actions were performed before the effective 
date of this AD using the service information specified in 
paragraphs (j)(1) through (j)(4) 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-328-
041, Revision 1, dated October 13, 2016.
    (3) 328 Support Services GmbH Alert Service Bulletin ASB-328J-
28-018, dated June 3, 2016.
    (4) 328 Support Services GmbH Alert Service Bulletin ASB-328J-
28-018, Revision 1, dated October 13, 2016.

(k) No Terminating Action

    Replacement of clamps as required by paragraph (h) of this AD 
does not constitute terminating action for the repetitive 
inspections required by paragraph (g) of this AD for that airplane.

(l) 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 manager of the International Branch, send it to the 
attention of the person identified in paragraph (m)(2) of this AD. 
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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2017-0016, dated January 31, 
2017, 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 more information about this AD, 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.
    (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; 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 June 22, 2017.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-13756 Filed 6-29-17; 8:45 am]
 BILLING CODE 4910-13-P