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 regulations.gov 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:
For EASA material incorporated by reference in this AD,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You
may find this material on the EASA website at ad.easa.europa.eu.
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
regulations.gov 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 Todd.Thompson@faa.gov.

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 regulations.gov 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:

Estimated Costs for Required Actions

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

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: