[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Proposed Rules]
[Pages 46569-46572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18434]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0857; Directorate Identifier 2007-NM-317-AD]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-300 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all AvCraft Dornier Model 328-300
airplanes. The existing AD currently requires modifying the electrical
wiring of the fuel pumps; installing insulation at the flow control and
shut-off valves, and other components of the environmental control
system; installing markings at fuel wiring harnesses; replacing the
wiring harness of the auxiliary fuel system with a new wiring harness;
and installing insulated couplings in the fuel
[[Page 46570]]
system; as applicable. The existing AD also requires revising the
Airworthiness Limitations section of the Instructions for Continued
Airworthiness to incorporate new inspections of the fuel tank system.
This proposed AD would replace the flight-hour-based threshold for
conducting certain initial inspections, with a calendar-based
threshold. This proposed AD results from fuel system reviews conducted
by the manufacturer. We are proposing 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: We must receive comments on this proposed AD by September 10,
2008.
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, Post Box 1252, D-82231 Wessling, Germany.
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 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.
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:
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-2008-0857;
Directorate Identifier 2007-NM-317-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 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 proposed AD.
Discussion
On July 20, 2005, we issued AD 2005-15-16, amendment 39-14205 (70
FR 44046, August 1, 2005), for certain AvCraft Dornier Model 328-300
airplanes. That AD requires modifying the electrical wiring of the fuel
pumps; installing insulation at the flow control and shut-off valves,
and other components of the environmental control system; installing
markings at fuel wiring harnesses; replacing the wiring harness of the
auxiliary fuel system with a new wiring harness; and installing
insulated couplings in the fuel system; as applicable. That AD also
requires revising the Airworthiness Limitations section (ALS) of the
Instructions for Continued Airworthiness to incorporate new inspections
of the fuel tank system. That AD resulted from fuel system reviews
conducted by the manufacturer. We issued that 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.
Actions Since Existing AD Was Issued
Since we issued AD 2005-15-16, the European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Community, has assumed responsibility for the airplane model
subject to this AD, and has issued EASA Airworthiness Directive 2006-
0197 [Corrected], dated July 11, 2006. The EASA airworthiness directive
revises the threshold for conducting the initial inspections specified
in the Airworthiness Limitations section. The threshold that we propose
to revise was originally specified in two German airworthiness
directives that correspond to AD 2005-15-16: German airworthiness
directives D-2005-002 and D-2005-063, both dated January 26, 2005.
Relevant Service Information
Dornier has issued Section G, ``Fuel Tank System Limitations,''
Revision 2, dated January 31, 2005, of the Dornier 328 JET
Airworthiness Limitations Document. The limitations in the document are
divided into two sections as follows:
System Code 28-00-00 (sub-tasks 28-00-00-02 and 28-00-00-
03) specifies the scheduled maintenance tasks, which are detailed
inspections of the outer and inner internal fuel tank harnesses.
System Code 28-00-99-00 (sub-tasks 28-00-99-01, 28-00-99-
02, 28-00-99-03, 28-00-99-04, and 28-00-99-05) specifies critical
design configuration control limitations (CDCCLs). The limitations
apply to the cable bundle between the fuel quantity indication system
and the tank wall, and to separation of certain power cables and lines
from fuel lines.
FAA's Determination and Requirements of the 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 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 the same
type design.
This proposed AD would supersede AD 2005-15-16 and would retain the
requirements of the existing AD. This proposed AD would also replace
the flight-hour-based threshold for conducting certain initial
inspections, with a calendar-based threshold.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD. The average labor rate is $80 per work
hour.
[[Page 46571]]
Estimated Costs
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Number of U.S.-
Actions-- Work hours Parts registered Cost per Fleet cost
airplanes airplane
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Modification/installation 95 $9,402 None, currently $17,002 if an None.
with option 033F003 affected
installed (required by AD airplane is
2005-15-16 and retained in placed on the
this proposed AD). U.S. Register
in the future.
Modification/installation 70 14,118 28............. 19,718......... $552,104.
without option 033F003
installed (required by AD
2005-15-16 and retained in
this proposed AD).
Airworthiness limitations 1 None 28............. 80............. $2,240.
revision.
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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 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 that the 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); 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 proposed 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, 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
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]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14205 (70 FR 44046, August 1, 2005) and adding
the following new airworthiness directive (AD):
328 Support Services GMBH (Formerly Avcraft Aerospace GmbH): Docket
No. FAA-2008-0857; Directorate Identifier 2007-NM-317-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by September
10, 2008.
Affected ADs
(b) This AD supersedes AD 2005-15-16.
Applicability
(c) This AD applies to all Dornier Model 328-300 airplanes,
certificated in any category, serial numbers 3105 through 3223
inclusive.
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to reduce the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Note 1: This AD requires revisions to certain operator
maintenance documents to include inspections. Compliance with these
inspections is required by 14 CFR 91.403(c). For airplanes that have
been previously modified, altered, or repaired in the areas
addressed by these inspections, the operator may not be able to
accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (k) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
Restatement of the Requirements of AD 2005-15-16
Without Option 033F003 Installed: Modification and Installations
(f) For airplanes without option 033F003 installed: Within 12
months after September 6, 2005 (the effective date of AD 2005-15-
16), do the actions in Table 1 of this AD in accordance with the
Accomplishment Instructions of AvCraft Service Bulletin SB-328J-00-
197, dated August 23, 2004.
Table 1--Requirements for Airplanes Without Option 033F003 Installed
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By accomplishing all the
Do the following actions-- actions specified in--
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(1) Modify the electrical wiring of the Paragraph 1.B(1) of the
left-hand and right-hand fuel pumps. service bulletin.
(2) Install insulation at the left-hand Paragraph 1.B(2) of the
and right-hand flow control and shut-off service bulletin.
valves and other components of the
environmental control system.
(3) Install markings at fuel wiring Paragraph 1.B(3) of the
harnesses. service bulletin.
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[[Page 46572]]
With Option 033F003 Installed: Modification, Replacement, and
Installation
(g) For airplanes with option 033F003 installed: Within 12
months after September 6, 2005, do the actions in Table 2 of this AD
in accordance with the Accomplishment Instructions of AvCraft
Service Bulletin SB-328J-00-198, dated August 23, 2004.
Table 2--Requirements for Airplanes With Option 033F003 Installed
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By accomplishing all the
Do the following actions-- actions specified in--
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(1) Modify the electrical wiring of the Paragraph 2.B(1) of the
left-hand and right-hand fuel pumps. service bulletin.
(2) Replace the wiring harness of the Paragraph 2.B(2) of the
auxiliary fuel system with a new wiring service bulletin.
harness.
(3) Install markings at fuel wiring Paragraph 2.B(3) of the
harnesses. service bulletin.
(4) Install insulated couplings in the Paragraph 2.B(5) of the
fuel system. service bulletin.
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Revision to Airworthiness Limitations
(h) Within 12 months after September 6, 2005, revise the
Airworthiness Limitations section of the Instructions for Continued
Airworthiness to incorporate the information in AvCraft Temporary
Revision (TR) ALD-028, dated October 15, 2003, into the AvCraft
328JET Airworthiness Limitations Document. Thereafter, except as
provided by paragraph (k) of this AD, no alternative inspection
intervals may be approved for this fuel tank system.
Note 2: This may be done by inserting a copy of AvCraft TR ALD-
028, dated October 15, 2003, in the AvCraft 328JET Airworthiness
Limitations Document. When this TR has been included in general
revisions of the AvCraft 328JET Airworthiness Limitations Document,
the temporary revision no longer needs to be inserted into the
revised Airworthiness Limitations document.
New Requirements of This AD
Revised Initial Compliance Time
(i) For Sub-tasks 28-00-00-02 and 28-00-00-03 (``Detailed
Inspection of Outer and Inner Fuel Tank Harness Internal''), as
identified in AvCraft TR ALD-028, dated October 15, 2003; or Section
G, ``Fuel Tank System Limitations,'' Revision 2, dated January 31,
2005, of the Dornier 328 JET Airworthiness Limitations Document
(ALD), the initial compliance time is within 8 years after the
effective date of this AD. Thereafter, except as provided by
paragraph (k) of this AD, these tasks must be accomplished at the
repetitive interval specified in Section G, ``Fuel Tank System
Limitations,'' Revision 2, dated January 31, 2005, of the Dornier
328 JET Airworthiness Limitations Document.
No Alternative Inspections, Inspection Intervals, or Critical
Design Configuration Control Limitations (CDCCLs)
(j) After accomplishing the actions specified in paragraphs (f),
(g), and (h), and the initial inspections in paragraph (i) of this
AD, no alternative inspections, inspection intervals, or critical
design configuration control limitations (CDCCLs) may be used unless
the inspections, intervals, or CDCCLs are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (k) of this AD.
Alternative Methods of Compliance (AMOCs)
(k) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested using the procedures found in 14 CFR 39.19.
Send information to ATTN: Tom Groves, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1503; fax (425) 227-1149. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
Related Information
(l) EASA airworthiness directive 2006-0197 [Corrected], dated
July 11, 2006, also addresses the subject of this AD.
Issued in Renton, Washington, on July 29, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-18434 Filed 8-8-08; 8:45 am]
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