[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Proposed Rules]
[Page 29720-29722]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my08-14]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0584; Directorate Identifier 2007-NM-315-AD]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-100 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 328-100
airplanes. The existing AD currently requires modifying the electrical
wiring of the fuel pumps; installing insulation at the hand flow
control and shut-off valves, and other components of the environmental
control system; and installing markings at fuel wiring harnesses. The
existing AD also requires revising the Airworthiness Limitations
section (ALS) 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 an 8-year 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 June 23, 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, P.O. 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-2008-0584;
Directorate Identifier 2007-NM-315-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 June 15, 2005, we issued AD 2005-13-24, amendment 39-14161 (70
FR 36470, June 24, 2005), for all AvCraft Dornier Model 328-100
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; and
installing markings at fuel wiring harnesses. 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.
[[Page 29721]]
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 2005-13-24, 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 ALS. That threshold was originally specified in the German
airworthiness directive that corresponds to AD 2005-13-24: German
airworthiness directive D-2005-001, dated January 26, 2005.
Relevant Service Information
AvCraft Dornier has issued Service Bulletin SB-328-00-445, Revision
1, dated June 17, 2005. We referred to the original issue of the
service bulletin, dated August 23, 2004, as the appropriate source of
service information for accomplishing certain actions required by AD
2005-13-24. The procedures in Revision 1 of the service bulletin are
essentially the same as those in the original issue. However, Figure 4,
a wiring harness diagram, is corrected in Revision 1 of the service
bulletin. Accomplishing the actions specified in the service
information is intended to adequately address the unsafe condition.
We have also reviewed Section F, ``Fuel Tank System Limitations,''
of the Dornier 328 Airworthiness Limitations Document (hereafter
referred to as ``the ALD''), Revision 15, dated January 15, 2005. 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 harness.
System Code 28-00-99-00 (sub-tasks 28-00-99-01, 28-00-99-
02, and 28-00-99-03) specifies critical design configuration control
limitations (CDCCLs).
FAA's Determination and Requirements of the Proposed AD
These airplanes are manufactured in Germany and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. As described in FAA
Order 8100.14A, ``Interim Procedures for Working with the European
Community on Airworthiness Certification and Continued Airworthiness,''
dated August 12, 2005, the EASA has kept the FAA informed of the
situation described above. We have examined the EASA's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States.
This proposed AD would supersede AD 2005-13-24 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
This proposed AD would affect about 16 airplanes of U.S. registry.
The actions that are required by AD 2005-13-24 and retained in this
proposed AD take about 70 work hours per airplane, at an average labor
rate of $80 per work hour. Required parts cost about $14,118 per
airplane. Based on these figures, the estimated cost of the currently
required actions is $315,488, or $19,718 per airplane.
The new proposed action to revise the Airworthiness Limitations
section would take about 1 work hour per airplane. Based on these
figures, the estimated cost of the new actions specified in this
proposed AD for U.S. operators is $1,280, or $80 per airplane.
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 39-14161 (70 FR 36470, June 24, 2005) and adding the
following new airworthiness directive (AD):
328 Support Services GmbH (Formerly Avcraft Aerospace GmbH): Docket
No. FAA-2008-0584; Directorate Identifier 2007-NM-315-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by June 23,
2008.
Affected ADs
(b) This AD supersedes AD 2005-13-24.
Applicability
(c) This AD applies to all Dornier Model 328-100 airplanes,
certificated in any category.
[[Page 29722]]
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 (j) 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 2005-13-24
Modification and Installations
(f) Within 12 months after July 29, 2005 (the effective date of
AD 2005-13-24), do the actions in Table 1 of this AD in accordance
with the Accomplishment Instructions of AvCraft Service Bulletin SB-
328-00-445, dated August 23, 2004; or Revision 1, dated June 17,
2005.
Table 1.--Requirements
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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 left- Paragraph 2.B(1) of the
hand and right-hand fuel pumps. service bulletin.
(2) Install insulation at the left-hand and Paragraph 2.B(2) of the
right-hand flow control and shut-off valves, service bulletin.
and other components of the environmental
control system.
(3) Install markings at fuel wiring harnesses Paragraph 2.B(3) of the
service bulletin.
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Revision to Airworthiness Limitations
(g) Within 12 months after July 29, 2005, revise the
Airworthiness Limitations section of the Instructions for Continued
Airworthiness by inserting a copy of Dornier Temporary Revision ALD-
080, dated October 15, 2003, into the Dornier 328 Airworthiness
Limitations Document. Thereafter, except as provided in paragraphs
(i) and (j) of this AD, no alternative inspection intervals may be
approved for this fuel tank system.
New Requirements of This AD
Revised Initial Compliance Time
(h) For Tasks 28-00-00-02 and 28-00-00-03 (``Detailed Inspection
of Outer Fuel Tank harness internal, LH/RH,'' and ``Detailed
Inspection of Inner Fuel Tank harness internal, LH/RH''), as
identified in Dornier Temporary Revision ALD-080, dated October 15,
2003, or Section F, ``Fuel Tank System Limitations,'' of the Dornier
328 Airworthiness Limitations Document (ALD), Revision 15, dated
January 15, 2005; the initial compliance time is within 8 years
after the effective date of this AD. Thereafter, except as provided
by paragraphs (i) and (j) of this AD, these tasks must be
accomplished at the repetitive interval specified in Section F,
``Fuel Tank System Limitations,'' of the Dornier 328 ALD, Revision
15, dated January 15, 2005.
Later Revisions of the ALD
(i) After accomplishing the actions specified in paragraphs (g)
and (h) of this AD, no alternative inspections, inspection
intervals, or CDCCLs may be used unless the inspections, intervals,
or CDCCLs are part of a later revision of Section F, ``Fuel Tank
System Limitations,'' of the Dornier 328 ALD, Revision 15, dated
January 15, 2005, that is approved by the Manager, International
Branch, ANM-116, FAA, or the European Aviation Safety Agency (EASA)
(or its delegated agent); or unless the inspections, intervals, or
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (j) of this
AD.
Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, ANM-116, International Branch, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
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
(k) EASA airworthiness directive 2006-0197 [Corrected], dated
July 11, 2006, also addresses the subject of this AD.
Issued in Renton, Washington, on May 14, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-11469 Filed 5-21-08; 8:45 am]
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