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[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Proposed Rules]
[Pages 104459-104462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30549]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2667; Project Identifier MCAI-2024-00473-T]
RIN 2120-AA64

Airworthiness Directives; Deutsche Aircraft GmbH (Type 
Certificate Previously Held by 328 Support Services GmbH; AvCraft 
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2024-03-07, which applies to all Deutsche Aircraft GmbH Model 328-100 
and 328-300 airplanes. AD 2024-03-07 requires a one-time detailed 
inspection of each affected part, and applicable corrective actions. 
Since the FAA issued AD 2024-03-07, the FAA determined that repetitive 
inspections are necessary. This proposed AD continues to require the 
actions in AD 2024-03-07 and would require repetitive inspections of 
the affected part as specified in a European Union Aviation Safety 
Agency (EASA) AD which is proposed for incorporation by reference 
(IBR). The FAA is proposing this AD to address the unsafe condition on 
these products.

DATES: The FAA must receive comments on this proposed AD by February 6, 
2025.

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 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-2667; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material identified in this proposed AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu. It is also 
available at regulations.gov under Docket No. FAA-2024-2667.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Joe Salameh, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410,

[[Page 104460]]

Westbury, NY 11590; telephone 206-231-3536; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2024-2667; 
Project Identifier MCAI-2024-00473-T'' at the beginning of your 
comments. The most helpful comments reference a specific portion of the 
proposal, explain the reason for any recommended change, and include 
supporting data. The FAA will consider all comments received by the 
closing date and may amend this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Joe 
Salameh, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3536; email [email protected]. 
Any commentary that the FAA receives which is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

Background

    The FAA issued AD 2024-03-07, Amendment 39-22677 (89 FR 17723, 
March 12, 2024) (AD 2024-03-07), for all Deutsche Aircraft GmbH Model 
328-100 and 328-300 airplanes. AD 2024-03-07 was prompted by an MCAI 
originated by EASA, which is the Technical Agent for the Member States 
of the European Union. EASA issued AD 2023-0137, dated July 12, 2023, 
to correct an unsafe condition.
    FAA AD 2024-03-07 requires a one-time detailed inspection of each 
affected part, and applicable corrective actions. The FAA issued AD 
2024-03-07 to address reports of worn and ruptured bonding straps 
inside the feeder wing tanks and in both outer and inner wing tanks.

Actions Since AD 2024-03-07 Was Issued

    Since the FAA issued AD 2024-03-07, EASA superseded AD 2023-0137 
and issued EASA AD 2024-0154, dated August 2, 2024 (EASA AD 2024-0154) 
(also referred to as the MCAI), to correct an unsafe condition for all 
Deutsche Aircraft GmbH Model 328-100 and 328-300 airplanes. The MCAI 
states that occurrences were reported of finding damaged affected parts 
(i.e., worn and ruptured bonding straps). The extent of the detected 
damage of the affected parts did not ensure that appropriately low 
electrical impedance is obtained and maintained through the affected 
bonding path. This condition, if not detected and corrected, could lead 
to 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 airplane. To address 
this potentially unsafe condition, EASA issued AD 2024-0154 to require 
repetitive inspections of the affected parts. Additionally, Deutsche 
Aircraft GmbH developed a modification that replaces all the existing 
bonding straps with parts of the same cross-section and length but with 
nickel-plated surface protection.
    The FAA is proposing this AD to address the unsafe condition on 
these products. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2024-2667.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2024-03-07, this proposed AD would retain all of the 
requirements of AD 2024-03-07. Those requirements are referenced in 
EASA AD 2024-0154, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Material Incorporated by Reference Under 1 CFR Part 51

    EASA AD 2024-0154 specifies procedures for repetitive detailed 
inspections for damage of the bonding straps located inside the feeder 
wing tank (left-hand (LH) and right-hand (RH) sides), outer and inner 
wing tanks (LH and RH sides), and replacement or repair of damaged 
affected parts. EASA AD 2024-0154 also specifies procedures for an 
optional modification to replace all the existing bonding straps with 
parts of the same cross-section and length but with nickel-plated 
surface protection. The optional modification still includes detailed 
inspections for damage of the bonding straps as required by EASA AD 
2024-0154, but allows for the termination of repetitive inspections. 
This material 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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2024-0154 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD and 
except as discussed under ``Differences Between This NPRM and the 
MCAI.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2024-0154 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2024-0154 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in

[[Page 104461]]

EASA AD 2024-0154 does not mean that operators need comply only with 
that section. For example, where the AD requirement refers to ``all 
required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in EASA AD 2024-0154. Material required by 
EASA AD 2024-0154 for compliance will be available at regulations.gov 
under Docket No. FAA-2024-2667 after the FAA final rule is published.

Differences Between This NPRM and the MCAI

    Paragraph (4) of EASA AD 2024-0154 specifies that an optional 
modification of an airplane in accordance with the instructions of the 
modification service bulletins cited in EASA AD 2024-0154 allows for 
the termination of repetitive inspections. However, the optional 
modification service bulletins include detailed inspections for damage 
(i.e., any worn or ruptured bonding strap), but do not specify 
corrective actions if any damage is found. This proposed AD would 
require doing corrective actions, as specified in paragraph (3) of EASA 
AD 2024-0154, if any worn or ruptured bonding strap is detected during 
the detailed inspection. The FAA has added an exception to EASA AD 
2024-0154 in paragraph (h)(5) of this proposed AD accordingly.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 23 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
44 work-hours x $85 per hour = $3,740........................              $0           $3,740          $86,020
----------------------------------------------------------------------------------------------------------------

                  Estimated Costs for Optional Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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56 work-hours x $85 per hour = $4,760.          $1,500           $6,260
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    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required or optional actions. The FAA has no way of determining the 
number of aircraft that might need this on-condition action:

               Estimated Costs of On-Condition Replacement
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
10 work-hours x $85 per hour = $850...            $117             $967
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this proposed AD.

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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing Airworthiness Directive (AD) 2024-03-07, Amendment 39-22677 
(89 FR 17723, March 12, 2024) and
0
b. Adding the following new AD:

[[Page 104462]]

Deutsche Aircraft GmbH (Type Certificate Previously Held by 328 
Support Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier 
GmbH; Dornier Luftfahrt GmbH): Docket No. FAA-2024-2667; Project 
Identifier MCAI-2024-00473-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 6, 2025.

(b) Affected ADs

    This AD replaces AD 2024-03-07, Amendment 39-22677 (89 FR 17723, 
March 12, 2024) (AD 2024-03-07).

(c) Applicability

    This AD applies to all Deutsche Aircraft GmbH Model 328-100 and 
328-300 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by operator reports of worn and ruptured 
bonding straps inside the feeder wing tanks and in both outer and 
inner wing tanks. The FAA is issuing this AD to address damaged 
bonding straps. The unsafe condition, if not addressed, could result 
in 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 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2024-0154, dated August 2, 2024 (EASA AD 2024-0154).

(h) Exceptions to EASA AD 2024-0154

    (1) Where EASA AD 2024-0154 refers to July 26, 2023 (the 
effective date of EASA AD 2023-0137), this AD requires using April 
16, 2024 (the effective date of AD 2024-03-07).
    (2) Where EASA AD 2024-0154 refers to its effective date, this 
AD requires using the effective date of this AD.
    (3) This AD does not adopt the ``Remarks'' section of EASA AD 
2024-0154.
    (4) Where paragraph (3) of EASA AD 2024-0154 specifies if ``any 
damage is detected as defined in the inspection ASB,'' this AD 
requires replacing those words with ``any worn or ruptured bonding 
strap is detected.''
    (5) Where paragraph (4) of EASA AD 2024-0154 specifies 
``Modification of an aeroplane in accordance with the instructions 
of the modification SB,'' this AD requires replacing those words 
with ``Accomplishing a modification, including doing detailed 
inspections, of an airplane in accordance with the instructions of 
the modification SB, and doing corrective actions if any worn or 
ruptured bonding strap is detected as specified in paragraph (3).''

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation 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 responsible Flight Standards Office, as 
appropriate. If sending information directly to the manager of the 
International Validation Branch, send it to the attention of the 
person identified in paragraph (j) of this AD and email to: 
[email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or EASA; or Deutsche Aircraft GmbH's EASA 
Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(j) Additional Information

    For more information about this AD, contact Joe Salameh, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3536; email 
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2024-0154, 
dated August 2, 2024.
    (ii) [Reserved]
    (3) For EASA material identified in this AD, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on December 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-30549 Filed 12-20-24; 8:45 am]
BILLING CODE 4910-13-P
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