Airworthiness Directives; Dornier Model 328-300 Airplanes, 46569-46572 [E8-18434]
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46569
Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Proposed Rules
TABLE 3—ALLOWABLE NUMBER OF FLAWS IN PLATES OR FORGING—Continued
ASME section XI flaw size per IWA–
3200
0.20
0.25
0.30
0.35
Range of Through-Wall Extent (TWE) of flaw [in.]
....................................................
....................................................
....................................................
....................................................
8 Excluding
Allowable number of cumulative flaws per 1000
square inches of inside diameter surface area in forgings or plates in the ASME
section XI Appendix VIII
supplement 4 inspection
volume 8
0.175
0.225
0.275
0.325
≤
≤
≤
≤
TWE
TWE
TWE
TWE
<
<
<
<
0.225
0.275
0.325
0.375
....................................................................................
....................................................................................
....................................................................................
....................................................................................
0.853
0.293
0.0756
0.0144
underclad cracks in forgings.
TABLE 4—CONSERVATIVE ESTIMATES
FOR CHEMICAL ELEMENT WEIGHT
PERCENTAGES
Materials
P
Plates ................
TABLE 4—CONSERVATIVE ESTIMATES
FOR CHEMICAL ELEMENT WEIGHT
PERCENTAGES—Continued
Mn
0.014
Materials
1.45
P
Forgings ............
Materials
Mn
0.016
TABLE 4—CONSERVATIVE ESTIMATES
FOR CHEMICAL ELEMENT WEIGHT
PERCENTAGES—Continued
1.11
P
Welds ................
Mn
0.019
1.63
TABLE 5—MAXIMUM HEAT-AVERAGE RESIDUAL [°F] FOR RELEVANT MATERIAL GROUPS BY NUMBER OF AVAILABLE DATA
POINTS
[Significance level = 1%]
Number of available data points
s [°F]
Material group
3
Welds, for Cu > 0.072 ......................................................................................
Plates, for Cu > 0.072 ......................................................................................
Forgings, for Cu > 0.072 ..................................................................................
Weld, Plate or Forging, for Cu ≤ 0.072 ...........................................................
TABLE 6—TMAX VALUES FOR THE
SLOPE DEVIATION TEST
3 ................................................
4 ................................................
5 ................................................
6 ................................................
7 ................................................
8 ................................................
9 ................................................
10 ..............................................
11 ..............................................
12 ..............................................
14 ..............................................
15 ..............................................
TMAX
31.82
6.96
4.54
3.75
3.36
3.14
3.00
2.90
2.82
2.76
2.68
2.65
rwilkins on PROD1PC63 with PROPOSALS
TABLE 7—THRESHOLD VALUES FOR
THE OUTLIER DEVIATION TEST (SIGNIFICANCE LEVEL = 1%)
Number of available data points
(n)
Second
largest allowable normalized residual value
(r*)
Largest allowable normalized residual value
(r*)
3 ........................
4 ........................
5 ........................
1.55
1.73
1.84
2.71
2.81
2.88
VerDate Aug<31>2005
17:37 Aug 08, 2008
Jkt 214001
5
6
7
8
35.5
28.5
26.4
25.0
30.8
24.7
22.8
21.7
27.5
22.1
20.4
19.4
25.1
20.2
18.6
17.7
23.2
18.7
17.3
16.4
21.7
17.5
16.1
15.3
TABLE 7—THRESHOLD VALUES FOR
DEPARTMENT OF TRANSPORTATION
THE OUTLIER DEVIATION TEST (SIGNIFICANCE LEVEL = 1%)—Contin- Federal Aviation Administration
ued
14 CFR Part 39
[Significance level = 1%]
Number of available data points
(n)
26.4
21.2
19.6
18.6
4
Number of available data points
(n)
Second
largest allowable normalized residual value
(r*)
Largest allowable normalized residual value
(r*)
1.93
2.00
2.05
2.11
2.16
2.19
2.23
2.26
2.29
2.32
2.93
2.98
3.02
3.06
3.09
3.12
3.14
3.17
3.19
3.21
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
11 ......................
12 ......................
13 ......................
14 ......................
15 ......................
Dated at Rockville, Maryland, this 24th day
of July 2008.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E8–18429 Filed 8–8–08; 8:45 am]
BILLING CODE 7590–01–P
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[Docket No. FAA–2008–0857; Directorate
Identifier 2007–NM–317–AD]
RIN 2120–AA64
Airworthiness Directives; Dornier
Model 328–300 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to
supersede an existing airworthiness
directive (AD) that applies to all AvCraft
Dornier Model 328–300 airplanes. The
existing 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
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Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Proposed Rules
rwilkins on PROD1PC63 with PROPOSALS
system; as applicable. 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 proposed AD would
replace the flight-hour-based threshold
for conducting certain initial
inspections, with a calendar-based
threshold. This proposed AD results
from fuel system reviews conducted by
the manufacturer. We are proposing this
AD to reduce the potential of ignition
sources inside fuel tanks, which, in
combination with flammable fuel
vapors, could result in fuel tank
explosions and consequent loss of the
airplane.
DATES: We must receive comments on
this proposed AD by September 10,
2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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, Post Box 1252, D–82231
Wessling, Germany.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Tom
Groves, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1503; fax (425) 227–1149.
VerDate Aug<31>2005
17:37 Aug 08, 2008
Jkt 214001
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2008–0857; Directorate Identifier
2007–NM–317–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
On July 20, 2005, we issued AD 2005–
15–16, amendment 39–14205 (70 FR
44046, August 1, 2005), for certain
AvCraft Dornier Model 328–300
airplanes. That AD requires modifying
the electrical wiring of the fuel pumps;
installing insulation at the flow control
and shut-off valves, and other
components of the environmental
control system; 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
requires revising the Airworthiness
Limitations section (ALS) of the
Instructions for Continued
Airworthiness to incorporate new
inspections of the fuel tank system. That
AD resulted from fuel system reviews
conducted by the manufacturer. We
issued that AD to reduce the potential
of ignition sources inside fuel tanks,
which, in combination with flammable
fuel vapors, could result in fuel tank
explosions and consequent loss of the
airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2005–15–16, the
European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has assumed responsibility
for the airplane model subject to this
AD, and has issued EASA
Airworthiness Directive 2006–0197
[Corrected], dated July 11, 2006. The
EASA airworthiness directive revises
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the threshold for conducting the initial
inspections specified in the
Airworthiness Limitations section. The
threshold that we propose to revise was
originally specified in two German
airworthiness directives that correspond
to AD 2005–15–16: German
airworthiness directives D–2005–002
and D–2005–063, both dated January 26,
2005.
Relevant Service Information
Dornier has issued Section G, ‘‘Fuel
Tank System Limitations,’’ Revision 2,
dated January 31, 2005, of the Dornier
328 JET Airworthiness Limitations
Document. The limitations in the
document are divided into two sections
as follows:
• System Code 28–00–00 (sub-tasks
28–00–00–02 and 28–00–00–03)
specifies the scheduled maintenance
tasks, which are detailed inspections of
the outer and inner internal fuel tank
harnesses.
• System Code 28–00–99–00 (subtasks 28–00–99–01, 28–00–99–02, 28–
00–99–03, 28–00–99–04, and 28–00–99–
05) specifies critical design
configuration control limitations
(CDCCLs). The limitations apply to the
cable bundle between the fuel quantity
indication system and the tank wall,
and to separation of certain power
cables and lines from fuel lines.
FAA’s Determination and Requirements
of the Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
This proposed AD would supersede
AD 2005–15–16 and would retain the
requirements of the existing AD. This
proposed AD would also replace the
flight-hour-based threshold for
conducting certain initial inspections,
with a calendar-based threshold.
Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this proposed AD. The
average labor rate is $80 per work hour.
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Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Proposed Rules
ESTIMATED COSTS
Actions—
Work hours
Number of U.S.-registered airplanes
Parts
Cost per airplane
None.
$2,240.
Modification/installation
with
option
033F003 installed (required by AD
2005–15–16 and retained in this proposed AD).
95
$9,402
None, currently .......
Modification/installation without option
033F003 installed (required by AD
2005–15–16 and retained in this proposed AD).
Airworthiness limitations revision .............
70
14,118
28 ............................
$17,002 if an affected airplane is
placed on the
U.S. Register in
the future.
19,718 .....................
1
None
28 ............................
80 ............................
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.
rwilkins on PROD1PC63 with PROPOSALS
Regulatory Findings
We have determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket. See the ADDRESSES section
VerDate Aug<31>2005
17:37 Aug 08, 2008
Jkt 214001
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.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–14205 (70
FR 44046, August 1, 2005) and adding
the following new airworthiness
directive (AD):
328 Support Services GMBH (Formerly
Avcraft Aerospace GmbH): Docket No.
FAA–2008–0857; Directorate Identifier
2007–NM–317–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by September 10, 2008.
Fleet cost
$552,104.
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
Affected ADs
(b) This AD supersedes AD 2005–15–16.
Applicability
(c) This AD applies to all 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
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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.
E:\FR\FM\11AUP1.SGM
11AUP1
By accomplishing all the
actions specified in—
Paragraph
1.B(1) of
the service
bulletin.
Paragraph
1.B(2) of
the service
bulletin.
Paragraph
1.B(3) of
the service
bulletin.
46572
Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Proposed Rules
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—
(1) Modify the electrical wiring of the left-hand and
right-hand fuel pumps.
(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
2.B(1) of
the service
bulletin.
Paragraph
2.B(2) of
the service
bulletin.
Paragraph
2.B(3) of
the service
bulletin.
Paragraph
2.B(5) of
the service
bulletin.
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.
Thereafter, except as provided by paragraph
(k) of this AD, no alternative inspection
intervals may be approved for this fuel tank
system.
Note 2: This may be done by inserting a
copy of AvCraft TR ALD–028, dated October
15, 2003, in the AvCraft 328JET
Airworthiness Limitations Document. When
this TR has been included in general
revisions of the AvCraft 328JET
Airworthiness Limitations Document, the
temporary revision no longer needs to be
inserted into the revised Airworthiness
Limitations document.
dated January 31, 2005, of the Dornier 328
JET Airworthiness Limitations Document.
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 critical design configuration
control limitations (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.
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 appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Related Information
(l) EASA airworthiness directive 2006–
0197 [Corrected], dated July 11, 2006, also
addresses the subject of this AD.
Issued in Renton, Washington, on July 29,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–18434 Filed 8–8–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–149404–07]
RIN 1545–BH34
rwilkins on PROD1PC63 with PROPOSALS
New Requirements of This AD
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,’’ Revision 2, dated
January 31, 2005, of the Dornier 328 JET
Airworthiness Limitations Document (ALD),
the initial compliance time is within 8 years
after the effective date of this AD. 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,’’ Revision 2,
VerDate Aug<31>2005
17:37 Aug 08, 2008
Jkt 214001
Amendments to New Markets Tax
Credit Regulations
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
and notice of public hearing.
AGENCY:
SUMMARY: This document contains
proposed regulations relating to the new
markets tax credit under section 45D of
the Internal Revenue Code (Code). The
proposed regulations revise and clarify
certain rules relating to recapture of the
new markets tax credit and will affect
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Frm 00016
Fmt 4702
Sfmt 4702
certain taxpayers claiming the new
markets tax credit. This document also
provides a notice of a public hearing on
these proposed regulations.
DATES: Written or electronic comments
must be received by November 10, 2008.
Outlines of topics to be discussed at the
public hearing scheduled for December
12, 2008, at 10 a.m. must be received by
November 3, 2008.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–149404–07), room
5203, Internal Revenue Service, PO Box
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be hand
delivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to: CC:PA:LPD:PR (REG–149404–07),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC, or sent
electronically, via the Federal
eRulemaking Portal at https://
www.regulations.gov (IRS REG–149404–
07). The public hearing will be held in
the IRS Auditorium, Internal Revenue
Building, 1111 Constitution Avenue,
NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Julie Hanlon-Bolton, (202) 622–7028;
concerning submission of comments,
the hearing, and/or to be placed on the
building access list to attend the
hearing, Regina Johnson, (202) 622–
7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background
This document amends 26 CFR part 1
to provide and clarify rules relating to
the new markets tax credit under
section 45D of the Code. Section 45D
was added to the Code by section 121
of the Community Renewal Tax Relief
Act of 2000, Public Law 106–554 (114
Stat. 2763 (2000)) and amended by
section 221 of the American Jobs
Creation Act of 2004, Public Law 108–
357 (118 Stat. 1418 (2004)), section 101
of the Gulf Opportunity Zone Act of
2005, Public Law 109–135 (119 Stat. 25
(2005)), and Division A, section 102 of
the Tax Relief and Health Care Act of
2006, Public Law 109–432 (120 Stat.
2922 (2006)). On December 28, 2004, the
IRS and the Treasury Department
published final regulations under
section 45D (69 FR 77625), with
corrections on January 28, 2005 (70 FR
4012).
Groups and organizations
representing investors, qualified
community development entities,
businesses, and other entities involved
with the new markets tax credit program
have since submitted comments
requesting further guidance on the
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Agencies
[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Proposed Rules]
[Pages 46569-46572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18434]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0857; Directorate Identifier 2007-NM-317-AD]
RIN 2120-AA64
Airworthiness Directives; Dornier Model 328-300 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all AvCraft Dornier Model 328-300
airplanes. The existing 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
[[Page 46570]]
system; as applicable. 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 proposed AD would replace the flight-hour-based threshold for
conducting certain initial inspections, with a calendar-based
threshold. This proposed AD results from fuel system reviews conducted
by the manufacturer. We are proposing this AD to reduce the potential
of ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.
DATES: We must receive comments on this proposed AD by September 10,
2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
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, Post Box 1252, D-82231 Wessling, Germany.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone 800-647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1503; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0857;
Directorate Identifier 2007-NM-317-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On July 20, 2005, we issued AD 2005-15-16, amendment 39-14205 (70
FR 44046, August 1, 2005), for certain AvCraft Dornier Model 328-300
airplanes. That AD requires modifying the electrical wiring of the fuel
pumps; installing insulation at the flow control and shut-off valves,
and other components of the environmental control system; 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
requires revising the Airworthiness Limitations section (ALS) of the
Instructions for Continued Airworthiness to incorporate new inspections
of the fuel tank system. That AD resulted from fuel system reviews
conducted by the manufacturer. We issued that AD to reduce the
potential of ignition sources inside fuel tanks, which, in combination
with flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.
Actions Since Existing AD Was Issued
Since we issued AD 2005-15-16, the European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Community, has assumed responsibility for the airplane model
subject to this AD, and has issued EASA Airworthiness Directive 2006-
0197 [Corrected], dated July 11, 2006. The EASA airworthiness directive
revises the threshold for conducting the initial inspections specified
in the Airworthiness Limitations section. The threshold that we propose
to revise was originally specified in two German airworthiness
directives that correspond to AD 2005-15-16: German airworthiness
directives D-2005-002 and D-2005-063, both dated January 26, 2005.
Relevant Service Information
Dornier has issued Section G, ``Fuel Tank System Limitations,''
Revision 2, dated January 31, 2005, of the Dornier 328 JET
Airworthiness Limitations Document. The limitations in the document are
divided into two sections as follows:
System Code 28-00-00 (sub-tasks 28-00-00-02 and 28-00-00-
03) specifies the scheduled maintenance tasks, which are detailed
inspections of the outer and inner internal fuel tank harnesses.
System Code 28-00-99-00 (sub-tasks 28-00-99-01, 28-00-99-
02, 28-00-99-03, 28-00-99-04, and 28-00-99-05) specifies critical
design configuration control limitations (CDCCLs). The limitations
apply to the cable bundle between the fuel quantity indication system
and the tank wall, and to separation of certain power cables and lines
from fuel lines.
FAA's Determination and Requirements of the Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
This proposed AD would supersede AD 2005-15-16 and would retain the
requirements of the existing AD. This proposed AD would also replace
the flight-hour-based threshold for conducting certain initial
inspections, with a calendar-based threshold.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD. The average labor rate is $80 per work
hour.
[[Page 46571]]
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of U.S.-
Actions-- Work hours Parts registered Cost per Fleet cost
airplanes airplane
----------------------------------------------------------------------------------------------------------------
Modification/installation 95 $9,402 None, currently $17,002 if an None.
with option 033F003 affected
installed (required by AD airplane is
2005-15-16 and retained in placed on the
this proposed AD). 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 proposed AD).
Airworthiness limitations 1 None 28............. 80............. $2,240.
revision.
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, part A, Subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14205 (70 FR 44046, August 1, 2005) and adding
the following new airworthiness directive (AD):
328 Support Services GMBH (Formerly Avcraft Aerospace GmbH): Docket
No. FAA-2008-0857; Directorate Identifier 2007-NM-317-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by September
10, 2008.
Affected ADs
(b) This AD supersedes AD 2005-15-16.
Applicability
(c) This AD applies to all 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
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.
(2) Install insulation at the left-hand Paragraph 1.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 1.B(3) of the
harnesses. service bulletin.
------------------------------------------------------------------------
[[Page 46572]]
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
------------------------------------------------------------------------
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) Replace the wiring harness of the Paragraph 2.B(2) of the
auxiliary fuel system with a new wiring service bulletin.
harness.
(3) Install markings at fuel wiring Paragraph 2.B(3) of the
harnesses. service bulletin.
(4) Install insulated couplings in the Paragraph 2.B(5) of the
fuel system. service bulletin.
------------------------------------------------------------------------
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. Thereafter, except as
provided by paragraph (k) of this AD, no alternative inspection
intervals may be approved for this fuel tank system.
Note 2: This may be done by inserting a copy of AvCraft TR ALD-
028, dated October 15, 2003, in the AvCraft 328JET Airworthiness
Limitations Document. When this TR has been included in general
revisions of the AvCraft 328JET Airworthiness Limitations Document,
the temporary revision no longer needs to be inserted into the
revised Airworthiness Limitations document.
New Requirements of This AD
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,'' Revision 2, dated January 31,
2005, of the Dornier 328 JET Airworthiness Limitations Document
(ALD), the initial compliance time is within 8 years after the
effective date of this AD. 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,'' Revision 2, dated January 31, 2005, of the Dornier
328 JET Airworthiness Limitations Document.
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 critical
design configuration control limitations (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.
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 appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
Related Information
(l) EASA airworthiness directive 2006-0197 [Corrected], dated
July 11, 2006, also addresses the subject of this AD.
Issued in Renton, Washington, on July 29, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-18434 Filed 8-8-08; 8:45 am]
BILLING CODE 4910-13-P