[Federal Register: February 27, 2009 (Volume 74, Number 38)]
[Rules and Regulations]
[Page 8853-8856]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe09-3]
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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;
Amendment 39-15785; AD 2009-01-06]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-300 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all AvCraft Dornier Model 328-300 airplanes.
That 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 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 new AD replaces the flight-hour-based
threshold for conducting certain initial inspections, with a calendar-
based threshold. 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 becomes effective April 3, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 3,
2009.
On September 6, 2005 (70 FR 44046, August 1, 2005), the Director of
the Federal Register approved the incorporation by reference of certain
other publications referenced in this AD.
ADDRESSES: 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 gsc.op@328support.de; 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 address for the
[[Page 8854]]
Docket Office (telephone 800-647-5527) is the Document 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: 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
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2005-15-16, amendment
39-14205 (70 FR 44046, August 1, 2005). The existing AD applies to all
AvCraft Dornier Model 328-300 airplanes. That NPRM was published in the
Federal Register on August 11, 2008 (73 FR 46569). That NPRM proposed
to continue to require 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 NPRM also
proposed to continue to require revising the Airworthiness Limitations
section of the Instructions for Continued Airworthiness to incorporate
new inspections of the fuel tank system. That NPRM also proposed to
replace the flight-hour-based threshold for conducting certain initial
inspections, with a calendar-based threshold.
Comments
We provided the public the opportunity to participate in the
development of this AD. No comments have been received on the NPRM or
on the determination of the cost to the public.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this AD. The average labor rate is $80 per work hour.
Estimated Costs
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Number of U.S.-
Actions Work hours Parts registered Cost per Fleet cost
airplanes airplane
----------------------------------------------------------------------------------------------------------------
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 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 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 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 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 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14205 (70 FR 44046, August 1, 2005) and by adding
the following new airworthiness directive (AD):
2009-01-06 328 Support Services GmbH (Formerly Avcraft Aerospace
GmbH, formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt
GmbH): Amendment 39-15785. Docket No. FAA-2008-0857; Directorate
Identifier 2007-NM-317-AD.
[[Page 8855]]
Effective Date
(a) This AD becomes effective April 3, 2009.
Affected ADs
(b) This AD supersedes AD 2005-15-16.
Applicability
(c) This AD applies to all 328 Support Services GmbH 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
------------------------------------------------------------------------
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- service bulletin.
off 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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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
------------------------------------------------------------------------
By accomplishing all the
Do the following actions-- actions specified in--
------------------------------------------------------------------------
(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 (ALD). 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 ALD. When this TR
has been included in general revisions of the AvCraft 328JET ALD,
the TR 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,'' of the AvCraft Dornier 328JET
ALD TM-ALD-010599-ALL, Revision 2, dated January 31, 2005, 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,'' of the
AvCraft Dornier 328JET ALD TM-ALD-010599-ALL, Revision 2, dated
January 31, 2005.
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) European Aviation Safety Agency Airworthiness Directive
2006-0197 [Corrected], dated July 11, 2006, also addresses the
subject of this AD.
Material Incorporated by Reference
(m) You must use the service information identified in Table 3
of this AD, as applicable, to perform the actions that are
[[Page 8856]]
required by this AD, unless the AD specifies otherwise.
Table 3--All Material Incorporated by Reference
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Service information Revision Date
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AvCraft Service Bulletin SB-328J-00- Original........................... August 23, 2004.
197, including Price Information
Sheet.
AvCraft Service Bulletin SB-328J-00- Original........................... August 23, 2004.
198, including Price Information
Sheet.
AvCraft Temporary Revision ALD-028 to Original........................... October 15, 2003.
the AvCraft 328JET Airworthiness
Limitations Document.
Section G of the AvCraft Dornier 2.................................. January 31, 2005.
328JET ALD TM-ALD-010599-ALL.
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Revision 2, dated January 31, 2005, of AvCraft Dornier 328JET
ALD TM-ALD-010599-ALL contains the following effective pages:
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Revision
Page title/description Page number(s) number Date shown on page(s)
----------------------------------------------------------------------------------------------------------------
List of Effective Pages
----------------------------------------------------------------------------------------------------------------
ALD Title Page................... None shown........... 2 January 31, 2005.
ALD List of Effective Pages...... 1-2.................. 2 January 31, 2005.
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Section G, Fuel Tank System Limitations
----------------------------------------------------------------------------------------------------------------
1-3, G-4............. 2 January 31, 2005.
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(1) The Director of the Federal Register approved the
incorporation by reference of Section G, ``Fuel Tank System
Limitations,'' of the AvCraft Dornier 328JET ALD TM-ALD-010599-ALL,
Revision 2, dated January 31, 2005, under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) On September 6, 2005 (70 FR 44046, August 1, 2005), the
Director of the Federal Register approved the incorporation by
reference of the service information identified in Table 4 of this
AD.
Table 4--Material Previously Incorporated by Reference
------------------------------------------------------------------------
Service information Date
------------------------------------------------------------------------
AvCraft Service Bulletin SB-328J-00- August 23, 2004.
197, including Price Information
Sheet.
AvCraft Service Bulletin SB-328J-00- August 23, 2004.
198, including Price Information
Sheet.
AvCraft Temporary Revision ALD-028 October 15, 2003.
to the AvCraft 328JET
Airworthiness Limitations Document.
------------------------------------------------------------------------
(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 gsc.op@328support.de; Internet
http://www.328support.de.
(4) You may review copies of the service information that is
incorporated by reference 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 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 December 18, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E9-3871 Filed 2-26-09; 8:45 am]
BILLING CODE 4910-13-P