Airworthiness Directives; Dornier Model 328-300 Series Airplanes, 21346-21349 [05-8277]
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21346
Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Proposed Rules
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
Fairchild Dornier GmbH (Formerly Dornier
Luftfahrt GmbH): Docket No. FAA–
2005–21053; Directorate Identifier 2005–
NM–053–AD.
Comments Due Date
(a) The Federal Aviation Administration
must receive comments on this AD action by
May 26, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Dornier Model
328–100 series airplanes, certificated in any
category.
Unsafe Condition
(d) This AD was prompted by the results
of fuel system reviews conducted by the
airplane 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.
Modification and Installations
(f) Within 12 months after the effective
date of this AD, do the actions in Table 1 of
this AD in accordance with the
Accomplishment Instructions of Dornier
Service Bulletin SB–328–00–445, dated
August 23, 2004.
TABLE 1.—REQUIREMENTS
Do the following actions—
(1) Modify the electrical wiring of the left-hand and
right-hand fuel pumps.
(2) Install insulation at the
left-hand and right-hand
flow control and shut-off
valves, and other components of the environmental
control system.
(3) Install markings at fuel
wiring harnesses.
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15:27 Apr 25, 2005
By accomplishing all the
actions specified in—
Paragraph
2.B(1) of
the service
bulletin.
Paragraph
2.B(2) of
the service
bulletin.
Paragraph
2.B(3) of
the service
bulletin.
Jkt 205001
Revision to Airworthiness Limitations
(g) Within 12 months after the effective
date of this AD, revise the Airworthiness
Limitations section of the Instructions for
Continued Airworthiness by inserting a copy
of Dornier Temporary Revision TR ALD–080,
dated October 15, 2003, into the Dornier 328
Airworthiness Limitations Document.
Thereafter, except as provided in paragraph
(h) of this AD, no alternative inspection
intervals may be approved for this fuel tank
system.
Alternative Methods of Compliance
(AMOCs)
(h) The Manager, International Branch,
ANM–116, 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.
Related Information
(i) German airworthiness directive D–
2005–001, dated January 26, 2005, also
addresses the subject of this AD.
Issued in Renton, Washington, on April 18,
2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–8271 Filed 4–25–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–21054; Directorate
Identifier 2005–NM–054–AD]
RIN 2120–AA64
Airworthiness Directives; Dornier
Model 328–300 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Dornier Model 328–300 series
airplanes. This proposed AD would
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. This proposed AD also
would require revising the
Airworthiness Limitations section of the
Instructions for Continued
Airworthiness to incorporate new
PO 00000
Frm 00005
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inspections of the fuel tank system. This
proposed AD is prompted by the results
of fuel system reviews conducted by the
airplane 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 May 26, 2005.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
room PL–401, Washington, DC 20590.
• By fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in
this proposed AD, contact AvCraft
Aerospace GmbH, PO Box 1103, D–
82230 Wessling, Germany.
You can examine the contents of this
AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
SW., room PL–401, on the plaza level of
the Nassif Building, Washington, DC.
This docket number is FAA–2005–
21054; the directorate identifier for this
docket is 2005–NM–054–AD.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–2125;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant
written data, views, or arguments
regarding this proposed AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2005–21054; Directorate Identifier
2005–NM–054–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the proposed AD. We will
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Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Proposed Rules
consider all comments submitted by the
closing date and may amend the
proposed AD in light of those
comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact with FAA
personnel concerning this proposed AD.
Using the search function of our docket
website, anyone can find and read the
comments in any of our dockets,
including the name of the individual
who sent the comment (or signed the
comment on behalf of an association,
business, labor union, etc.). You can
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you can visit https://
dms.dot.gov.
Examining the Docket
You can examine the AD docket on
the Internet at https://dms.dot.gov, or in
person at the Docket Management
Facility office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The Docket
Management Facility office (telephone
(800) 647–5227) is located on the plaza
level of the Nassif Building at the DOT
street address stated in the ADDRESSES
section. Comments will be available in
the AD docket shortly after the DMS
receives them.
Discussion
The FAA has examined the
underlying safety issues involved in
recent fuel tank explosions on several
large transport airplanes, including the
adequacy of existing regulations, the
service history of airplanes subject to
those regulations, and existing
maintenance practices for fuel tank
systems. As a result of those findings,
we issued a regulation titled ‘‘Transport
Airplane Fuel Tank System Design
Review, Flammability Reduction and
Maintenance and Inspection
Requirements’’ (67 FR 23086, May 7,
2001). In addition to new airworthiness
standards for transport airplanes and
new maintenance requirements, this
rule included Special Federal Aviation
Regulation No. 88 (‘‘SFAR 88,’’
Amendment 21–78, and subsequent
Amendments 21–82 and 21–83).
Among other actions, SFAR 88
requires certain type design (i.e., type
certificate (TC) and supplemental type
certificate (STC)) holders to substantiate
that their fuel tank systems can prevent
ignition sources in the fuel tanks. This
requirement applies to type design
holders for large turbine-powered
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15:27 Apr 25, 2005
Jkt 205001
transport airplanes and for subsequent
modifications to those airplanes. It
requires them to perform design reviews
and to develop design changes and
maintenance procedures if their designs
do not meet the new fuel tank safety
standards. As explained in the preamble
to the rule, we intended to adopt
airworthiness directives to mandate any
changes found necessary to address
unsafe conditions identified as a result
of these reviews.
In evaluating these design reviews, we
have established four criteria intended
to define the unsafe conditions
associated with fuel tank systems that
require corrective actions. The
percentage of operating time during
which fuel tanks are exposed to
flammable conditions is one of these
criteria. The other three criteria address
the failure types under evaluation:
Single failures, single failures in
combination with another latent
condition(s), and in-service failure
experience. For all four criteria, the
evaluations included consideration of
previous actions taken that may mitigate
the need for further action.
The Joint Aviation Authorities (JAA)
has issued a regulation that is similar to
SFAR 88. (The JAA is an associated
body of the European Civil Aviation
Conference (ECAC) representing the
civil aviation regulatory authorities of a
number of European States who have
agreed to co-operate in developing and
implementing common safety regulatory
standards and procedures.) Under this
regulation, the JAA stated that all
members of the ECAC that hold type
certificates for transport category
airplanes are required to conduct a
design review against explosion risks.
We have determined that the actions
identified in this AD are necessary 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.
In light of these findings, the
Luftfahrt-Bundesamt (LBA), which is
the airworthiness authority for
Germany, issued German airworthiness
directives D–2005–002 (for airplanes
with option 033F003 installed) and D–
2005–063 (for airplanes without option
033F003 installed), both dated January
26, 2005, to address the unsafe
condition previously described on
Dornier Model 328–300 series airplanes.
Relevant Service Information
The airplane manufacturer has issued
Dornier Service Bulletin SB–328J–00–
197, dated August 23, 2004 (for
airplanes without option 033F003
installed); and Dornier Service Bulletin
PO 00000
Frm 00006
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21347
SB–328J–00–198, dated August 23, 2004
(for airplanes with option 033F003
installed).
Dornier Service Bulletin SB–328J–00–
197 describes procedures for:
1. Modifying the electrical wiring of
the left-hand and right-hand fuel
pumps, which includes installing new
supports, wet-installing plugs, and
torquing and securing nuts;
2. Installing insulation at the left-hand
and right-hand flow control and shut-off
valves, and other components of the
environmental control system (i.e., cross
bleed valve, temperature control valve
and cold air unit of the environmental
control unit, and bleed air inlet), which
includes replacing the existing flex joint
covers of the bleed air ducts with new
covers;
3. Installing markings at fuel wiring
harnesses; and
4. Amending the Airworthiness
Limitations Document (ALD).
Dornier Service Bulletin SB–328J–00–
198 describes procedures similar to
those described in items 1, 3, and 4
above for Dornier Service Bulletin SB–
328J–00–197. Dornier Service Bulletin
SB–328J–00–198 also describes
procedures for replacing the wiring
harness of the auxiliary fuel system with
a new wiring harness and installing
insulated couplings in the fuel system.
Accomplishing the actions specified
in the service information is intended to
adequately address the unsafe
condition. The LBA mandated the
service information to ensure the
continued airworthiness of these
airplanes in Germany.
FAA’s Determination and Requirements
of the Proposed AD
This airplane model is manufactured
in Germany and is 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. Pursuant to
this bilateral airworthiness agreement,
the LBA has kept the FAA informed of
the situation described above. We have
examined the LBA’s findings, evaluated
all pertinent information, and
determined that we need to issue an AD
for products of this type design that are
certificated for operation in the United
States. Therefore, we are proposing this
AD, which would require
accomplishing the actions specified in
the service information described
previously. This proposed AD also
would require revising the
Airworthiness Limitations section of the
Instructions for Continued
Airworthiness to incorporate new
inspections of the fuel tank system.
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Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Proposed Rules
Costs of Compliance
comply with this proposed AD. The
average labor rate is $65 per hour.
The following table provides the
estimated costs for U.S. operators to
ESTIMATED COSTS
For airplanes—
Work hours
Parts
Number of U.S.-registered airplanes
Cost per airplane
$15,577 if an affected airplane is imported and placed on the U.S. Register in the future.
$18,668 ................................................
With option
033F003 installed.
95
$9,402
Currently, none of these affected airplanes are on the U.S. Register.
Without option
033F003 installed.
70
14,118
47 .........................................................
Fleet cost
None.
$877,396.
Authority for This Rulemaking
List of Subjects in 14 CFR Part 39
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.
Without Option 033F003 Installed:
Modification and Installations
Air transportation, Aircraft, Aviation
safety, Safety.
(f) For airplanes without option 033F003
installed: Within 12 months after the
effective date of this AD, do the actions in
Table 1 of this AD in accordance with the
Accomplishment Instructions of Dornier
Service Bulletin SB–328J–00–197, dated
August 23, 2004.
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. See the ADDRESSES
section for a location to examine the
regulatory evaluation.
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Jkt 205001
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
TABLE 1.—REQUIREMENTS FOR AIRPLANES WITHOUT OPTION 033F003
INSTALLED
1. The authority citation for part 39
continues to read as follows:
Do the following actions—
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
Fairchild Dornier GmbH (Formerly Dornier
Luftfahrt GmbH): Docket No. FAA–
2005–21054; Directorate Identifier 2005NM–054–AD.
Comments Due Date
(a) The Federal Aviation Administration
must receive comments on this AD action by
May 26, 2005.
Affected ADs
(1) Modify the electrical wiring of the left-hand and
right-hand fuel pumps.
(2) Install insulation at the
left-hand and right-hand
flow control and shut-off
valves and other components of the environmental
control system.
(3) Install markings at fuel
wiring harnesses.
Applicability
(c) This AD applies to Dornier Model 328–
300 series airplanes, certificated in any
category, serial numbers 3105 through 3223
inclusive.
Unsafe Condition
(d) This AD was prompted by the results
of fuel system reviews conducted by the
airplane 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.
Paragraph
2.B(3) of
the service
bulletin.
(g) For airplanes with option 033F003
installed: Within 12 months after the
effective date of this AD, do the actions in
Table 2 of this AD in accordance with the
Accomplishment Instructions of Dornier
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-hand and
right-hand fuel pumps.
Paragraph
1.B(1) of
the service
bulletin.
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.
Frm 00007
Paragraph
2.B(1) of
the service
bulletin.
Paragraph
2.B(2) of
the service
bulletin.
With Option 033F003 Installed:
Modification, Replacement, and Installation
(b) None.
PO 00000
By accomplishing all the
actions specified in—
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Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Proposed Rules
TABLE 2.—REQUIREMENTS FOR AIR- DEPARTMENT OF ENERGY
PLANES WITH OPTION 033F003 INFederal Energy Regulatory
STALLED—Continued
Commission
Do the following actions—
(2) Replace the wiring harness of the auxiliary fuel
system with a new wiring
harness.
(3) Install markings at fuel
wiring harnesses.
(4) Install insulated couplings
in the fuel system.
By accomplishing all the
actions specified in—
Paragraph
1B(2) of the
service bulletin.
Paragraph
1B(3) of the
service bulletin.
Paragraph
1B(5) of the
service bulletin.
Revision to Airworthiness Limitations
(h) Within 12 months after the effective
date of this AD, revise the Airworthiness
Limitations section of the Instructions for
Continued Airworthiness by inserting a copy
of Dornier Temporary Revision TR ALD–028,
dated October 15, 2003, into the Dornier
328JET Airworthiness Limitations Document.
Thereafter, except as provided in paragraph
(i) of this AD, no alternative inspection
intervals may be approved for this fuel tank
system.
Alternative Methods of Compliance
(AMOCs)
(i) The Manager, International Branch,
ANM–116, 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.
Related Information
(j) German airworthiness directives D–
2005–002 (for airplanes with option 033F003
installed) and D–2005–063 (for airplanes
without option 033F003 installed), both
dated January 26, 2005, also address the
subject of this AD.
Issued in Renton, Washington, on April 18,
2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–8277 Filed 4–25–05; 8:45 am]
BILLING CODE 4910–13–P
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16:17 Apr 25, 2005
Jkt 205001
18 CFR Part 35
[Docket Nos. RM05–10–000 and AD04–13–
000]
Imbalance Provisions for Intermittent
Resources Assessing the State of
Wind Energy in Wholesale Electricity
Markets
April 14, 2005.
Federal Energy Regulatory
Commission.
ACTION: Notice of Proposed Rulemaking.
AGENCY:
SUMMARY: The Federal Energy
Regulatory Commission (Commission) is
proposing to amend its regulations to
require public utilities to append to
their open access transmission tariffs
(OATTs) an intermittent generator
imbalance service schedule.
The intent of the amendment is to
clarify the imbalance tariff provisions
that have become outdated and have
become unjust, unreasonable, unduly
discriminatory or preferential, as
applied to intermittent resources.
DATES: Comments are due May 26, 2005.
ADDRESSES: Comments may be filed
electronically via the eFiling link on the
Commission’s Web site at https://
www.ferc.gov . Commenters unable to
file comments electronically must send
an original and 14 copies of their
comments to: Federal Energy Regulatory
Commission, Office of the Secretary,
888 First Street, NE., Washington, DC
20426. Refer to the Comment
Procedures section of the preamble for
additional information on how to file
comments.
FOR FURTHER INFORMATION CONTACT:
Matthew J. Deal (Technical
Information), Office of Markets,
Tariffs and Rates, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426,
(202) 502–6363.
Bruce Poole (Technical Information),
Office of Markets, Tariffs and Rates,
Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
8468.
Jeffrey Sanders (Technical Information),
Office of Market Oversight and
Investigations, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426,
(202) 502–6455.
Jignasa Gadani (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
21349
First Street, NE., Washington, DC
20426, (202) 502–8608.
David Withnell (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC
20426, (202) 502–8421.
SUPPLEMENTARY INFORMATION:
Introduction
1. In this Notice of Proposed
Rulemaking (NOPR or proposed rule),
we propose to clarify and amend the
imbalance tariff provisions that have
become outdated and have become
unjust, unreasonable, unduly
discriminatory or preferential, as
applied to intermittent resources.1 At
the time Order No. 888 2 was issued,
intermittent resources were not a
significant source of generation and
typically energy from intermittent
resources was sold to the host utility. In
the years since the issuance of Order
No. 888, intermittent resources have
grown at an annual average rate of
approximately 20 percent and want to
avail themselves of the open access
transmission tariff (OATT or tariff) for
opportunities to make sales more
broadly, but are hesitant to do so
because of the application of imbalance
provisions that were designed to apply
to resources with the ability to control
fuel input and thus schedule their
energy with precision. These imbalance
provisions were not designed to apply
to intermittent resources that by nature
are weather-driven. In order to remove
the unjust, unreasonable, unduly
discriminatory or preferential imbalance
tariff provisions, while still providing
an incentive to intermittent resources to
schedule as accurately as possible, the
Commission, pursuant to its authority
under sections 205 and 206 of the
Federal Power Act,3 proposes to
establish a standardized schedule under
the Order No. 888 pro forma OATT to
address generator imbalances created by
1 For purposes of this rulemaking, an intermittent
resource is an electric generator that is not
dispatchable and cannot store its fuel source and
therefore cannot respond to changes in system
demand or respond to transmission security
constraints.
2 Promoting Wholesale Competition Through
Open Access Non-discriminatory Transmission
Services by Public Utilities and Recovery of
Stranded Costs by Public Utilities and Transmitting
Utilities, Order No. 888, 61 FR 21,540 (May 10,
1996), FERC Stats. & Regs. ¶ 31,036 (1996), order
on reh’g, Order No. 888–A, 62 FR 12,274 (March 14,
1997), FERC Stats. & Regs. ¶ 31,048 (1997), order
on reh’g, Order No. 888–B, 81 FERC ¶ 61,248
(1997), order on reh’g, Order No. 888–C, 82 FERC
¶ 61,046 (1998), aff’d in relevant part, remanded in
part on other grounds sub nom. Transmission
Access Policy Study Group, et al. v. FERC, 225 F.3d
667 (DC Cir. 2000), aff’d sub nom. New York v.
FERC, 535 U.S. 1 (2002).
3 16 U.S.C. 824d–e (2000).
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26APP1
]]>Agencies
[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Proposed Rules]
[Pages 21346-21349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8277]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-21054; Directorate Identifier 2005-NM-054-AD]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-300 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Dornier Model 328-300 series airplanes. This proposed AD
would 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. This proposed AD
also would require revising the Airworthiness Limitations section of
the Instructions for Continued Airworthiness to incorporate new
inspections of the fuel tank system. This proposed AD is prompted by
the results of fuel system reviews conducted by the airplane
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 May 26, 2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401,
Washington, DC 20590.
By fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
AvCraft Aerospace GmbH, PO Box 1103, D-82230 Wessling, Germany.
You can examine the contents of this AD docket on the Internet at
https://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This
docket number is FAA-2005-21054; the directorate identifier for this
docket is 2005-NM-054-AD.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-21054;
Directorate Identifier 2005-NM-054-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
[[Page 21347]]
consider all comments submitted by the closing date and may amend the
proposed AD in light of those comments.
We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of our
docket website, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You can review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
can visit https://dms.dot.gov.
Examining the Docket
You can examine the AD docket on the Internet at https://
dms.dot.gov, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.
Discussion
The FAA has examined the underlying safety issues involved in
recent fuel tank explosions on several large transport airplanes,
including the adequacy of existing regulations, the service history of
airplanes subject to those regulations, and existing maintenance
practices for fuel tank systems. As a result of those findings, we
issued a regulation titled ``Transport Airplane Fuel Tank System Design
Review, Flammability Reduction and Maintenance and Inspection
Requirements'' (67 FR 23086, May 7, 2001). In addition to new
airworthiness standards for transport airplanes and new maintenance
requirements, this rule included Special Federal Aviation Regulation
No. 88 (``SFAR 88,'' Amendment 21-78, and subsequent Amendments 21-82
and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: Single failures, single failures in
combination with another latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
The Joint Aviation Authorities (JAA) has issued a regulation that
is similar to SFAR 88. (The JAA is an associated body of the European
Civil Aviation Conference (ECAC) representing the civil aviation
regulatory authorities of a number of European States who have agreed
to co-operate in developing and implementing common safety regulatory
standards and procedures.) Under this regulation, the JAA stated that
all members of the ECAC that hold type certificates for transport
category airplanes are required to conduct a design review against
explosion risks.
We have determined that the actions identified in this AD are
necessary 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.
In light of these findings, the Luftfahrt-Bundesamt (LBA), which is
the airworthiness authority for Germany, issued German airworthiness
directives D-2005-002 (for airplanes with option 033F003 installed) and
D-2005-063 (for airplanes without option 033F003 installed), both dated
January 26, 2005, to address the unsafe condition previously described
on Dornier Model 328-300 series airplanes.
Relevant Service Information
The airplane manufacturer has issued Dornier Service Bulletin SB-
328J-00-197, dated August 23, 2004 (for airplanes without option
033F003 installed); and Dornier Service Bulletin SB-328J-00-198, dated
August 23, 2004 (for airplanes with option 033F003 installed).
Dornier Service Bulletin SB-328J-00-197 describes procedures for:
1. Modifying the electrical wiring of the left-hand and right-hand
fuel pumps, which includes installing new supports, wet-installing
plugs, and torquing and securing nuts;
2. Installing insulation at the left-hand and right-hand flow
control and shut-off valves, and other components of the environmental
control system (i.e., cross bleed valve, temperature control valve and
cold air unit of the environmental control unit, and bleed air inlet),
which includes replacing the existing flex joint covers of the bleed
air ducts with new covers;
3. Installing markings at fuel wiring harnesses; and
4. Amending the Airworthiness Limitations Document (ALD).
Dornier Service Bulletin SB-328J-00-198 describes procedures
similar to those described in items 1, 3, and 4 above for Dornier
Service Bulletin SB-328J-00-197. Dornier Service Bulletin SB-328J-00-
198 also describes procedures for replacing the wiring harness of the
auxiliary fuel system with a new wiring harness and installing
insulated couplings in the fuel system.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The LBA mandated
the service information to ensure the continued airworthiness of these
airplanes in Germany.
FAA's Determination and Requirements of the Proposed AD
This airplane model is manufactured in Germany and is 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. Pursuant to this
bilateral airworthiness agreement, the LBA has kept the FAA informed of
the situation described above. We have examined the LBA's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States. Therefore, we are proposing this AD,
which would require accomplishing the actions specified in the service
information described previously. This proposed AD also would require
revising the Airworthiness Limitations section of the Instructions for
Continued Airworthiness to incorporate new inspections of the fuel tank
system.
[[Page 21348]]
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD. The average labor rate is $65 per
hour.
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of U.S.-registered
For airplanes-- Work hours Parts airplanes Cost per airplane Fleet cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
With option 033F003 installed......... 95 $9,402 Currently, none of these $15,577 if an affected None.
affected airplanes are on the airplane is imported and
U.S. Register. placed on the U.S. Register
in the future.
Without option 033F003 installed...... 70 14,118 47............................ $18,668....................... $877,396.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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. 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 FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
Fairchild Dornier GmbH (Formerly Dornier Luftfahrt GmbH): Docket No.
FAA-2005-21054; Directorate Identifier 2005-NM-054-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by May 26, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Dornier Model 328-300 series airplanes,
certificated in any category, serial numbers 3105 through 3223
inclusive.
Unsafe Condition
(d) This AD was prompted by the results of fuel system reviews
conducted by the airplane 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.
Without Option 033F003 Installed: Modification and Installations
(f) For airplanes without option 033F003 installed: Within 12
months after the effective date of this AD, do the actions in Table
1 of this AD in accordance with the Accomplishment Instructions of
Dornier 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--
------------------------------------------------------------------------
(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-off service bulletin.
valves and other components of the
environmental control system.
(3) Install markings at fuel wiring Paragraph 2.B(3) of the
harnesses. service bulletin.
------------------------------------------------------------------------
With Option 033F003 Installed: Modification, Replacement, and
Installation
(g) For airplanes with option 033F003 installed: Within 12
months after the effective date of this AD, do the actions in Table
2 of this AD in accordance with the Accomplishment Instructions of
Dornier 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 1.B(1) of the
left-hand and right-hand fuel pumps. service bulletin.
[[Page 21349]]
(2) Replace the wiring harness of the Paragraph 1B(2) of the
auxiliary fuel system with a new wiring service bulletin.
harness.
(3) Install markings at fuel wiring Paragraph 1B(3) of the
harnesses. service bulletin.
(4) Install insulated couplings in the Paragraph 1B(5) of the
fuel system. service bulletin.
------------------------------------------------------------------------
Revision to Airworthiness Limitations
(h) Within 12 months after the effective date of this AD, revise
the Airworthiness Limitations section of the Instructions for
Continued Airworthiness by inserting a copy of Dornier Temporary
Revision TR ALD-028, dated October 15, 2003, into the Dornier 328JET
Airworthiness Limitations Document. Thereafter, except as provided
in paragraph (i) of this AD, no alternative inspection intervals may
be approved for this fuel tank system.
Alternative Methods of Compliance (AMOCs)
(i) The Manager, International Branch, ANM-116, 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.
Related Information
(j) German airworthiness directives D-2005-002 (for airplanes
with option 033F003 installed) and D-2005-063 (for airplanes without
option 033F003 installed), both dated January 26, 2005, also address
the subject of this AD.
Issued in Renton, Washington, on April 18, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-8277 Filed 4-25-05; 8:45 am]
BILLING CODE 4910-13-P
