[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Rules and Regulations]
[Pages 52840-52844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22561]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9568; Product Identifier 2016-NM-150-AD; Amendment 
39-19077; AD 2017-21-06]
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), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
328 Support Services GmbH Model 328-100 and Model 328-300 airplanes. 
This AD was prompted by reports of broken bonding wires of certain fuel 
line clamps. This AD requires repetitive inspections of certain fuel 
line clamps for discrepancies; repetitive inspections of certain parts 
for chafing marks; and replacement of any discrepant parts. This AD 
also includes an optional modification, which is a terminating action 
for the inspections. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective December 20, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 20, 
2017.

ADDRESSES: For service information identified in this final rule, 
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 Standards Branch, 1601 Lind Avenue 
SW., Renton, WA. For information on the availability of this material 
at the FAA, call 425-227-1221. It is also available on the Internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2016-9568.

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 AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket 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: Todd Thompson, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) 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 
SNPRM published in the Federal Register on June 30, 2017 (82 FR 29786) 
(``the SNPRM''). We preceded the SNPRM with a notice of proposed 
rulemaking (NPRM) that published in the Federal Register on January 11, 
2017 (82 FR 3217) (``the NPRM''). The NPRM proposed to require a one-
time inspection of certain fuel line clamps for discrepancies, and 
replacement of any discrepant clamps. The NPRM was prompted by reports 
of broken bonding wires of certain fuel line clamps. The SNPRM proposed 
to expand the applicability and require repetitive inspections of 
certain fuel line clamps for discrepancies; repetitive inspections of 
certain jet fuel pumps, connection parts, and fuel lines for chafing 
marks; a measurement of the depth of the chafing marks on affected 
parts; and replacement of any discrepant parts. We are issuing this AD 
to prevent the loss of bonding function, which, in

[[Page 52841]]

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.
    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 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 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 of 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the SNPRM and 
the FAA's response to that comment.

Request To Incorporate a New Optional Terminating Action

    One commenter, Christoph Thallmayr, stated that 328 Support 
Services has released Service Bulletin SB-328-28-553, Revision 1, dated 
July 10, 2017; and Service Bulletin SB-328J-28-322, Revision 1, dated 
July 10, 2017. The commenter noted that this service information 
contains instructions for a modification, which is considered a 
terminating action to the inspections specified in the SNPRM. The 
commenter requested that we incorporate the terminating action and 
applicable service information into the final rule.
    We agree with the commenter's request. We have added paragraph (l) 
to this AD to allow operators to accomplish an optional terminating 
modification, which must be done in accordance with 328 Support 
Services GmbH Service Bulletin SB-328-28-553, Revision 1, dated July 
10, 2017; or Service Bulletin SB-328J-28-322, Revision 1, dated July 
10, 2017; as applicable. We also have redesignated subsequent 
paragraphs accordingly.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    328 Support Services GmbH 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 discrepant parts. These 
documents are distinct since they apply to different airplane models.
    328 Support Services GmbH has also issued Service Bulletin SB-328-
28-553, Revision 1, dated July 10, 2017; and Service Bulletin SB-328J-
28-322, Revision 1, dated July 10, 2017. The service information 
describes procedures for modifying the wing tank distribution system. 
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.

Costs of Compliance

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

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


[[Page 52842]]


                                      Estimated Costs for Optional Actions
----------------------------------------------------------------------------------------------------------------
            Action                       Labor cost                  Parts cost             Cost per  product
----------------------------------------------------------------------------------------------------------------
Modification.................  Up to 12 work-hours x $85 per  Up to $2,800............  Up to $3,820.
                                hour = $1,020.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the required inspections 
and measurement. 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 $85 per    Up to $588..............  Up to $673.
                                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 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

Regulatory Findings

    We 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 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.

Adoption of the Amendment

    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 FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2017-21-06 328 Support Services GmbH (Type Certificate previously 
held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier 
Luftfahrt GmbH): Amendment 39-19077; Docket No. FAA-2016-9568; 
Product Identifier 2016-NM-150-AD.

(a) Effective Date

    This AD is effective December 20, 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.

[[Page 52843]]

(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 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-328-28-
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) Clamp Replacement: No Terminating Action if Clamp Replacement is 
Done

    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) Optional Terminating Modification

    Modification of the wing tank distribution system, in accordance 
with the Accomplishment Instructions of 328 Support Services GmbH 
Service Bulletin SB-328-28-553, Revision 1, dated July 10, 2017; or 
328 Support Services GmbH Service Bulletin SB-328J-28-322, Revision 
1, dated July 10, 2017, as applicable, terminates the actions 
required by paragraphs (g), (h), and (i) of this AD for the modified 
airplane.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (n)(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 
Section, Transport Standards Branch, 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.

(n) 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 Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 
425-227-1175; fax 425-227-1149.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (o)(3) and (o)(4) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) 328 Support Services GmbH Alert Service Bulletin ASB-328-28-
041, Revision 2, dated December 12, 2016.
    (ii) 328 Support Services GmbH Alert Service Bulletin ASB-328J-
28-018, Revision 2, dated December 12, 2016.
    (iii) 328 Support Services GmbH Service Bulletin SB-328-28-553, 
Revision 1, dated July 10, 2017.
    (iv) 328 Support Services GmbH Service Bulletin SB-328J-28-322, 
Revision 1, dated July 10, 2017.
    (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.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (5) You may view this 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/cfr/ibr-locations.html.


[[Page 52844]]


    Issued in Renton, Washington, on October 11, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-22561 Filed 11-14-17; 8:45 am]
 BILLING CODE 4910-13-P