Rule2024-05192
Airworthiness Directives; Deutsche Aircraft GmbH (Type Certificate Previously Held by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftahrt GmbH) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 12, 2024
Effective
April 16, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Deutsche Aircraft GmbH Model 328-100 and 328-300 airplanes. This AD was prompted by operator reports of worn and ruptured bonding straps inside the feeder wing tanks and in both outer and inner wing tanks. This AD requires a one-time detailed inspection of each affected part, and applicable corrective actions, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 49 (Tuesday, March 12, 2024)</title>
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[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Rules and Regulations]
[Pages 17723-17725]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05192]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2230; Project Identifier MCAI-2023-00861-T;
Amendment 39-22677; AD 2024-03-07]
RIN 2120-AA64
Airworthiness Directives; Deutsche Aircraft GmbH (Type
Certificate Previously Held by 328 Support Services GmbH; AvCraft
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftahrt GmbH)
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Deutsche Aircraft GmbH Model 328-100 and 328-300 airplanes. This AD was
prompted by operator reports of worn and ruptured bonding straps inside
the feeder wing tanks and in both outer and inner wing tanks. This AD
requires a one-time detailed inspection of each affected part, and
applicable corrective actions, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective April 16, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 16,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-2230; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
<bullet> For EASA material incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#59181d2a193c382a38773c2c2b362938773c2c"><span class="__cf_email__" data-cfemail="7130350231141002105f1404031e01105f1404">[email protected]</span></a>; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
<bullet> You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2230.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3228; email <a href="/cdn-cgi/l/email-protection#52063d36367c063a3d3f22213d3c123433337c353d24"><span class="__cf_email__" data-cfemail="d084bfb4b4fe84b8bfbda0a3bfbe90b6b1b1feb7bfa6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Deutsche Aircraft
GmbH (Type Certificate previously held by 328 Support Services GmbH;
AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH)
Model 328-100 and 328-300 airplanes. The NPRM published in the Federal
Register on December 6, 2023 (88 FR 84764). The NPRM was prompted by AD
2023-0137, dated July 12, 2023 (EASA AD 2023-0137) (also referred to as
the MCAI), issued by EASA, which is the Technical Agent for the Member
States of the European Union. The MCAI states that operators reported
findings of damaged affected parts. The extent of the detected damage
of the affected parts did not ensure that appropriately low electrical
impedance is obtained and maintained through the affected bonding path.
The unsafe condition, if not detected and corrected, could lead to the
loss of bonding function and, in combination with a lightning strike,
create a source of ignition in a fuel tank, possibly resulting in a
fire or explosion.
In the NPRM, the FAA proposed to require a one-time detailed
inspection of each affected part, and applicable corrective actions, as
specified in EASA AD 2023-0137. The FAA is issuing this AD to address
the unsafe condition on these products.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-2230.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0137 specifies procedures for a one-time detailed
inspection of each affected part for worn and ruptured bonding straps,
and applicable corrective actions (replacing the affected parts). This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.
Costs of Compliance
The FAA estimates that this AD affects 35 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 17724]]
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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44 work-hours x $85 per hour = $3,740........................ $0 $3,740 $130,900
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The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in 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.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2024-03-07 Deutsche Aircraft GmbH (Type Certificate Previously Held
by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH): Amendment 39-22677; Docket
No. FAA-2023-2230; Project Identifier MCAI-2023-00861-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 16, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Deutsche Aircraft GmbH (Type Certificate
previously held by 328 Support Services GmbH; AvCraft Aerospace
GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model 328-100
and 328-300 airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by operator reports of worn and ruptured
bonding straps inside the feeder wing tanks and in both outer and
inner wing tanks. The FAA is issuing this AD to address damaged
bonding straps. The unsafe condition, if not addressed, could result
in the loss of bonding function and, in combination with a lightning
strike, create a source of ignition in a fuel tank, possibly
resulting in a fire or explosion and consequent loss of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0137, dated July 12, 2023 (EASA AD 2023-0137).
(h) Exceptions to EASA AD 2023-0137
(1) Where EASA AD 2023-0137 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0137.
(3) Where paragraph (2) of EASA AD 2023-0137 specifies if ``any
damage is detected as defined in the ASB,'' this AD requires
replacing those words with ``any worn or ruptured bonding strap is
detected.''
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#cff6e28e999ce28e869de2f8fcffe28e82808c8fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="2f16026e797c026e667d02181c1f026e62606c6f494e4e01484059">[email protected]</span></a>. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Deutsche Aircraft GmbH's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(j) Additional Information
For more information about this AD, contact Todd Thompson,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3228; email
<a href="/cdn-cgi/l/email-protection#3d6952595913695552504d4e52537d5b5c5c135a524b"><span class="__cf_email__" data-cfemail="35615a51511b615d5a5845465a5b755354541b525a43">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
[[Page 17725]]
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0137,
dated July 12, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0137, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#4d0c093e0d282c3e2c6328383f223d2c632838"><span class="__cf_email__" data-cfemail="96d7d2e5d6f3f7e5f7b8f3e3e4f9e6f7b8f3e3">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#9bfde9b5f2f5e8ebfef8eff2f4f5dbf5fae9fab5fcf4ed"><span class="__cf_email__" data-cfemail="e78195c98e8994978284938e8889a789869586c9808891">[email protected]</span></a>.
Issued on February 8, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-05192 Filed 3-11-24; 8:45 am]
BILLING CODE 4910-13-P
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