Proposed Rule2024-30549
Airworthiness Directives; Deutsche Aircraft GmbH (Type Certificate Previously Held by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes
Primary source
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Published
December 23, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2024-03-07, which applies to all Deutsche Aircraft GmbH Model 328-100 and 328-300 airplanes. AD 2024-03-07 requires a one-time detailed inspection of each affected part, and applicable corrective actions. Since the FAA issued AD 2024-03-07, the FAA determined that repetitive inspections are necessary. This proposed AD continues to require the actions in AD 2024-03-07 and would require repetitive inspections of the affected part as specified in a European Union Aviation Safety Agency (EASA) AD which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 246 (Monday, December 23, 2024)</title>
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[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Proposed Rules]
[Pages 104459-104462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30549]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2667; Project Identifier MCAI-2024-00473-T]
RIN 2120-AA64
Airworthiness Directives; Deutsche Aircraft GmbH (Type
Certificate Previously Held by 328 Support Services GmbH; AvCraft
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH)
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2024-03-07, which applies to all Deutsche Aircraft GmbH Model 328-100
and 328-300 airplanes. AD 2024-03-07 requires a one-time detailed
inspection of each affected part, and applicable corrective actions.
Since the FAA issued AD 2024-03-07, the FAA determined that repetitive
inspections are necessary. This proposed AD continues to require the
actions in AD 2024-03-07 and would require repetitive inspections of
the affected part as specified in a European Union Aviation Safety
Agency (EASA) AD which is proposed for incorporation by reference
(IBR). The FAA is proposing this AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments on this proposed AD by February 6,
2025.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2667; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For EASA material identified in this proposed AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#26676255664347554708435354495647084353"><span class="__cf_email__" data-cfemail="f5b4b186b590948694db9080879a8594db9080">[email protected]</span></a>; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-2667.
<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.
FOR FURTHER INFORMATION CONTACT: Joe Salameh, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
[[Page 104460]]
Westbury, NY 11590; telephone 206-231-3536; email <a href="/cdn-cgi/l/email-protection#8ee4e1eba0fdefe2efe3ebe6cee8efefa0e9e1f8"><span class="__cf_email__" data-cfemail="ff95909ad18c9e939e929a97bf999e9ed1989089">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2024-2667;
Project Identifier MCAI-2024-00473-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data. The FAA will consider all comments received by the
closing date and may amend this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Joe
Salameh, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3536; email <a href="/cdn-cgi/l/email-protection#204a4f450e53414c414d4548604641410e474f56"><span class="__cf_email__" data-cfemail="e58f8a80cb9684898488808da5838484cb828a93">[email protected]</span></a>.
Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
Background
The FAA issued AD 2024-03-07, Amendment 39-22677 (89 FR 17723,
March 12, 2024) (AD 2024-03-07), for all Deutsche Aircraft GmbH Model
328-100 and 328-300 airplanes. AD 2024-03-07 was prompted by an MCAI
originated by EASA, which is the Technical Agent for the Member States
of the European Union. EASA issued AD 2023-0137, dated July 12, 2023,
to correct an unsafe condition.
FAA AD 2024-03-07 requires a one-time detailed inspection of each
affected part, and applicable corrective actions. The FAA issued AD
2024-03-07 to address reports of worn and ruptured bonding straps
inside the feeder wing tanks and in both outer and inner wing tanks.
Actions Since AD 2024-03-07 Was Issued
Since the FAA issued AD 2024-03-07, EASA superseded AD 2023-0137
and issued EASA AD 2024-0154, dated August 2, 2024 (EASA AD 2024-0154)
(also referred to as the MCAI), to correct an unsafe condition for all
Deutsche Aircraft GmbH Model 328-100 and 328-300 airplanes. The MCAI
states that occurrences were reported of finding damaged affected parts
(i.e., worn and ruptured bonding straps). 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. This condition, if not detected and corrected, could lead
to 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. To address
this potentially unsafe condition, EASA issued AD 2024-0154 to require
repetitive inspections of the affected parts. Additionally, Deutsche
Aircraft GmbH developed a modification that replaces all the existing
bonding straps with parts of the same cross-section and length but with
nickel-plated surface protection.
The FAA is proposing 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-2024-2667.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2024-03-07, this proposed AD would retain all of the
requirements of AD 2024-03-07. Those requirements are referenced in
EASA AD 2024-0154, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0154 specifies procedures for repetitive detailed
inspections for damage of the bonding straps located inside the feeder
wing tank (left-hand (LH) and right-hand (RH) sides), outer and inner
wing tanks (LH and RH sides), and replacement or repair of damaged
affected parts. EASA AD 2024-0154 also specifies procedures for an
optional modification to replace all the existing bonding straps with
parts of the same cross-section and length but with nickel-plated
surface protection. The optional modification still includes detailed
inspections for damage of the bonding straps as required by EASA AD
2024-0154, but allows for the termination of repetitive inspections.
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.
FAA's Determination
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 is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in EASA AD 2024-0154 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD and
except as discussed under ``Differences Between This NPRM and the
MCAI.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2024-0154 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2024-0154 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in
[[Page 104461]]
EASA AD 2024-0154 does not mean that operators need comply only with
that section. For example, where the AD requirement refers to ``all
required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in EASA AD 2024-0154. Material required by
EASA AD 2024-0154 for compliance will be available at <a href="http://regulations.gov">regulations.gov</a>
under Docket No. FAA-2024-2667 after the FAA final rule is published.
Differences Between This NPRM and the MCAI
Paragraph (4) of EASA AD 2024-0154 specifies that an optional
modification of an airplane in accordance with the instructions of the
modification service bulletins cited in EASA AD 2024-0154 allows for
the termination of repetitive inspections. However, the optional
modification service bulletins include detailed inspections for damage
(i.e., any worn or ruptured bonding strap), but do not specify
corrective actions if any damage is found. This proposed AD would
require doing corrective actions, as specified in paragraph (3) of EASA
AD 2024-0154, if any worn or ruptured bonding strap is detected during
the detailed inspection. The FAA has added an exception to EASA AD
2024-0154 in paragraph (h)(5) of this proposed AD accordingly.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 23 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
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 $86,020
----------------------------------------------------------------------------------------------------------------
Estimated Costs for Optional Actions
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Cost per
Labor cost Parts cost product
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56 work-hours x $85 per hour = $4,760. $1,500 $6,260
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The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required or optional actions. The FAA has no way of determining the
number of aircraft that might need this on-condition action:
Estimated Costs of On-Condition Replacement
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Cost per
Labor cost Parts cost product
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10 work-hours x $85 per hour = $850... $117 $967
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed 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
The FAA 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 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
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:
0
a. Removing Airworthiness Directive (AD) 2024-03-07, Amendment 39-22677
(89 FR 17723, March 12, 2024) and
0
b. Adding the following new AD:
[[Page 104462]]
Deutsche Aircraft GmbH (Type Certificate Previously Held by 328
Support Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier
GmbH; Dornier Luftfahrt GmbH): Docket No. FAA-2024-2667; Project
Identifier MCAI-2024-00473-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by February 6, 2025.
(b) Affected ADs
This AD replaces AD 2024-03-07, Amendment 39-22677 (89 FR 17723,
March 12, 2024) (AD 2024-03-07).
(c) Applicability
This AD applies to all Deutsche Aircraft 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
2024-0154, dated August 2, 2024 (EASA AD 2024-0154).
(h) Exceptions to EASA AD 2024-0154
(1) Where EASA AD 2024-0154 refers to July 26, 2023 (the
effective date of EASA AD 2023-0137), this AD requires using April
16, 2024 (the effective date of AD 2024-03-07).
(2) Where EASA AD 2024-0154 refers to its effective date, this
AD requires using the effective date of this AD.
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0154.
(4) Where paragraph (3) of EASA AD 2024-0154 specifies if ``any
damage is detected as defined in the inspection ASB,'' this AD
requires replacing those words with ``any worn or ruptured bonding
strap is detected.''
(5) Where paragraph (4) of EASA AD 2024-0154 specifies
``Modification of an aeroplane in accordance with the instructions
of the modification SB,'' this AD requires replacing those words
with ``Accomplishing a modification, including doing detailed
inspections, of an airplane in accordance with the instructions of
the modification SB, and doing corrective actions if any worn or
ruptured bonding strap is detected as specified in paragraph (3).''
(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, send it to the attention of the
person identified in paragraph (j) of this AD and email to:
<a href="/cdn-cgi/l/email-protection#6b2a2624282b0d0a0a450c041d"><span class="__cf_email__" data-cfemail="e2a3afada1a2848383cc858d94">[email protected]</span></a>.
(i) 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 Joe Salameh,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3536; email
<a href="/cdn-cgi/l/email-protection#563c39337825373a373b333e1630373778313920"><span class="__cf_email__" data-cfemail="c6aca9a3e8b5a7aaa7aba3ae86a0a7a7e8a1a9b0">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0154,
dated August 2, 2024.
(ii) [Reserved]
(3) For EASA material identified 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#abeaefd8ebcecad8ca85ceded9c4dbca85cede"><span class="__cf_email__" data-cfemail="f4b5b087b491958795da9181869b8495da9181">[email protected]</span></a>; website easa.europa.eu. You may
find this material 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="/cdn-cgi/l/email-protection#0b376a2b63796e6d36" http: www.archives.gov federal-register cfr ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="1a737868377675797b6e7375746975687f777b73767c68347374696a7f796e7375745a747b687b347d756c">[email protected]</span></a>"><a href="http://www.archives.gov/federal-register/cfr/ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="305952421d5c5f535144595f5e435f42555d51595c56421e595e4340555344595f5e705e5142511e575f46">[email protected]</span></a></a>.
Issued on December 17, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-30549 Filed 12-20-24; 8:45 am]
BILLING CODE 4910-13-P
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