
[Federal Register: November 6, 2009 (Volume 74, Number 214)]
[Rules and Regulations]               
[Page 57411-57414]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no09-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1023; Directorate Identifier 2009-NM-176-AD; 
Amendment 39-16082; AD 2009-01-06 R1]
RIN 2120-AA64

 
Airworthiness Directives; 328 Support Services GmbH Dornier Model 
328-300 Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
which applies to certain 328 Support Services GmbH 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. 
That AD also currently requires revising the Airworthiness Limitations 
section of the Instructions for Continued Airworthiness to incorporate 
new inspections of the fuel tank system. This AD clarifies the intended 
effect of the AD on spare and on-airplane fuel tank system components. 
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 is effective November 23, 2009.
    On April 3, 2009 (74 FR 8853, February 27, 2009), the Director of 
the Federal Register approved the incorporation by reference of a 
certain publication listed in the AD.
    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 listed in the AD.
    We must receive any comments on this AD by December 21, 2009.

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, 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 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:

[[Page 57412]]

Discussion

    On December 18, 2008, we issued AD 2009-01-06, Amendment 39-15785 
(74 FR 8853, February 27, 2009). That AD applied to certain 328 Support 
Services GmbH Dornier Model 328-300 airplanes. That AD required 
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 required 
revising the Airworthiness Limitations section (ALS) of the 
Instructions for Continued Airworthiness to incorporate new inspections 
of the fuel tank system.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.

Actions Since AD Was Issued

    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by 
the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the ALS. But once 
the CDCCLs are incorporated into the ALS, future maintenance actions on 
components must be done in accordance with those CDCCLs.

FAA's Determination and Requirements of This AD

    The affected products have been approved by the aviation authority 
of another country, and are approved for operation in the United 
States. We are issuing this AD because we evaluated all pertinent 
information and determined the unsafe condition exists and is likely to 
exist or develop on other products of the same type design. This new AD 
retains the requirements of the existing AD, and adds a new note to 
clarify the intended effect of the AD on spare and on-airplane fuel 
tank system components.

Costs of Compliance

    This revision imposes no additional economic burden. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:
    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
----------------------------------------------------------------------------------------------------------------
                                                              Number of U.S.-
            Actions             Work hours       Parts           registered         Cost per        Fleet cost
                                                                 airplanes          airplane
----------------------------------------------------------------------------------------------------------------
Modification/installation with          95  $9,402.........  None, currently..  $17,002 if an     None.
 option 033F003 installed                                                        affected
 (required by AD 2005-15-16                                                      airplane is
 and retained in this AD).                                                       placed on the
                                                                                 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.
----------------------------------------------------------------------------------------------------------------

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-1023; Directorate Identifier 2009-NM-176-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this 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 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.
    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

[[Page 57413]]

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 the 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 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 part 39 of the Federal Aviation Regulations (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 removing Amendment 39-15785 (74 FR 
8853, February 27, 2009) and adding the following new AD:

2009-01-06 R1 328 Support Services GmbH (Formerly, AvCraft Aerospace 
GmbH, formerly Fairchild Dornier GmbH, formerly Dornier Luftfahrt 
GmbH): Amendment 39-16082. Docket No. FAA-2009-1023; Directorate 
Identifier 2009-NM-176-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective November 23, 
2009.

Affected ADs

    (b) This AD revises AD 2009-01-06, Amendment 39-15785.

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 actions specified in[m x
         Do the following actions--                                          dash]
----------------------------------------------------------------------------------------------------------------
(1) Modify the electrical wiring of the left- Paragraph 1.B(1) of the service bulletin.
 hand and right[dash]hand fuel pumps.
(2) Install insulation at the left-hand and   Paragraph 1.B(2) of the service bulletin.
 right-hand flow control and shut-off valves
 and other components of the environmental
 control system.
(3) Install markings at fuel wiring           Paragraph 1.B(3) of the service bulletin.
 harnesses.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
         Do the following actions--                     By accomplishing all the actions specified in--
----------------------------------------------------------------------------------------------------------------
(1) Modify the electrical wiring of the left- Paragraph 2.B(1) of the service bulletin.
 hand and right[dash]hand fuel pumps.
(2) Replace the wiring harness of the         Paragraph 2.B(2) of the service bulletin.
 auxiliary fuel system with a new wiring
 harness.
(3) Install markings at fuel wiring           Paragraph 2.B(3) of the service bulletin.
 harnesses.
(4) Install insulated couplings in the fuel   Paragraph 2.B(5) of the service bulletin.
 system.
----------------------------------------------------------------------------------------------------------------

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.


[[Page 57414]]


    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.

Restatement of the Requirments of AD 2009-01-06, With No Changes

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 April 3, 2009. 
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 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.

New Information

Explanation of CDCCL Requirements

    Note 3: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the 
Airworthiness Limitations section, as required by paragraph (h) of 
this AD, do not need to be reworked in accordance with the CDCCLs. 
However, once the Airworthiness Limitations section has been 
revised, future maintenance actions on these components must be done 
in accordance with the CDCCLs.

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 principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards District Office. The AMOC approval letter must 
specifically reference this AD.

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 contained in Table 3 of 
this AD, as applicable, to do the actions required by this AD, 
unless the AD specifies otherwise.

                                 Table 3--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                Service information                          Revision                         Date
----------------------------------------------------------------------------------------------------------------
AvCraft Service Bulletin SB-328J-00-197, including  Original.................  August 23, 2004.
 Price Information Sheet.
AvCraft Service Bulletin SB-328J-00-198, including  Original.................  August 23, 2004.
 Price Information Sheet.
AvCraft Temporary Revision ALD-028 to the AvCraft   Original.................  October 15, 2003.
 328JET Airworthiness Limitations Document.
Section G of the AvCraft Dornier 328JET ALD TM-ALD- 2........................  January 31, 2005.
 010599-ALL.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register previously 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, on April 3, 2009 (74 FR 8853, 
February 27, 2009).
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of the service information identified in 
Table 4 of this AD on September 6, 2005 (70 FR 44046, August 1, 
2005).

 Table 4--Material Previously Incorporated by Reference on September 6,
                                  2005
------------------------------------------------------------------------
           Service information                          Date
------------------------------------------------------------------------
AvCraft Service Bulletin SB-328J-00-197,   August 23, 2004.
 including Price Information Sheet.
AvCraft Service Bulletin SB-328J-00-198,   August 23, 2004.
 including Price Information Sheet.
AvCraft Temporary Revision ALD-028 to the  October 15, 2003.
 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 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 that 
is incorporated by reference 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 October 26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-26381 Filed 11-5-09; 8:45 am]

BILLING CODE 4910-13-P
