[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Rules and Regulations]
[Pages 47027-47029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18425]



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Rules and Regulations
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Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / 
Rules and Regulations

[[Page 47027]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0584; Directorate Identifier 2007-NM-315-AD; 
Amendment 39-15639; AD 2008-17-01]
RIN 2120-AA64


Airworthiness Directives; Dornier Model 328-100 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all AvCraft Dornier Model 328-100 airplanes. 
That 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 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 an 8-year 
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 September 17, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of September 17, 
2008.
    On July 29, 2005 (70 FR 36470, June 24, 2005), the Director of the 
Federal Register approved the incorporation by reference of AvCraft 
Service Bulletin SB-328-00-445, including Price Information Sheet, 
dated August 23, 2004; and Dornier Temporary Revision ALD-080, dated 
October 15, 2003.

ADDRESSES: For service information identified in this AD, contact 328 
Support Services GmbH, P.O. Box 1252, D-82231 Wessling, Federal 
Republic of 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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
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 2005-13-24, amendment 
39-14161 (70 FR 36470, June 24, 2005). The existing AD applies to all 
AvCraft Dornier Model 328-100 airplanes. That NPRM was published in the 
Federal Register on May 22, 2008 (73 FR 29720). That NPRM proposed to 
continue to require 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. That NPRM also proposed to continue 
to require revising the Airworthiness Limitations section (ALS) 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 
an 8-year 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.

Change to ``Later Revisions of the ALD'' Paragraph of the NPRM

    We removed all references to the use of ``later revisions'' of the 
applicable service information from this AD to be consistent with FAA 
policy. This change will not increase the economic burden on any 
operator, nor will it increase the scope of the AD, since we may 
consider approving the use of later revisions of the service bulletin 
as an alternative method of compliance with this AD, as provided by 
paragraph (j) of this AD.

Conclusion

    We have carefully reviewed the available data, and determined that 
air safety and the public interest require adopting the AD with the 
change described previously. We have determined that this change will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

Costs of Compliance

    This AD affects about 16 airplanes of U.S. registry. The actions 
that are required by AD 2005-13-24 and retained in this 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 required action to revise the ALS takes about 1 work hour 
per airplane. Based on these figures, the estimated cost of the new 
actions specified in this 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

[[Page 47028]]

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 39-14161 (70 FR 36470, June 24, 2005) and by adding 
the following new airworthiness directive (AD):

2008-17-01 328 Support Services GmbH (Formerly Avcraft Aerospace 
GmbH): Amendment 39-15639. Docket No. FAA-2008-0584; Directorate 
Identifier 2007-NM-315-AD.

Effective Date

    (a) This AD becomes effective September 17, 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.

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 the 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
------------------------------------------------------------------------
                                             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) Install insulation at the left-hand   Paragraph 2.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 2.B(3) of the
 harnesses.                                service bulletin.
------------------------------------------------------------------------

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.

No Alternative Inspections, Inspection Intervals, or CDCCLs

    (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 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) The Manager, ANM-116, International Branch, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this

[[Page 47029]]

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) 425-1149. 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

    (k) EASA airworthiness directive 2006-0197 [Corrected], dated 
July 11, 2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use the service information specified in Table 2 of 
this AD to perform the actions that are required by this AD, unless 
the AD specifies otherwise.

                                   Table 2--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
         Service information                       Revision level                            Date
----------------------------------------------------------------------------------------------------------------
AvCraft Service Bulletin SB-328-00-    Original.............................  August 23, 2004.
 445, including Price Information
 Sheet.
AvCraft Service Bulletin SB-328-00-    1....................................  June 17, 2005.
 445.
Dornier Temporary Revision ALD-080...  Original.............................  October 15, 2003.
Section F, ``Fuel Tank System          15...................................  January 15, 2005.
 Limitations,'' of Dornier 328
 Airworthiness Limitations Document.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of AvCraft Service Bulletin SB-328-00-
445, Revision 1, dated June 17, 2005; and Section F, ``Fuel Tank 
System Limitations,'' of Dornier 328 Airworthiness Limitations 
Document, Revision 15, dated January 15, 2005; in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) On July 29, 2005 (70 FR 36470, June 24, 2005), the Director 
of the Federal Register approved the incorporation by reference of 
AvCraft Service Bulletin SB-328-00-445, including Price Information 
Sheet, dated August 23, 2004; and Dornier Temporary Revision ALD-
080, dated October 15, 2003.
    (3) Contact 328 Support Services GmbH, P.O. Box 1252, D-82231 
Wessling, Federal Republic of Germany, for a copy of this service 
information. You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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.

    Issued in Renton, Washington, on July 29, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-18425 Filed 8-12-08; 8:45 am]
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