Airworthiness Directives; Deutsche Aircraft GmbH (Type Certificate Previously Held by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes

[Federal Register Volume 90, Number 144 (Wednesday, July 30, 2025)]
[Rules and Regulations]
[Pages 35829-35831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14439]


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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; 
Amendment 39-23092; AD 2025-15-05]
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: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2024-03-
07, which applied to all Deutsche Aircraft GmbH Model 328-100 and 328-
300 airplanes. AD 2024-03-07 required 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 AD continues to require the actions in AD 2024-03-
07 and requires repetitive inspections of the affected part. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective September 3, 2025.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 3, 
2025.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov 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 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 European Union Aviation Safety Agency (EASA) material 
identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 
Cologne, Germany; telephone +49 221 8999 000; email [email protected]. 
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 at regulations.gov under 
Docket No. FAA-2024-2667.

FOR FURTHER INFORMATION CONTACT: Joe Salameh, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3536; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2024-03-07, Amendment 39-22677 (89 FR 
17723, March 12, 2024) (AD 2024-03-07). AD 2024-03-07 applied to all 
Deutsche Aircraft GmbH Model 328-100 and 328-300 airplanes. AD 2024-03-
07 required a one-time detailed inspection of each affected part, and 
applicable corrective actions. The FAA issued AD 2024-03-07 to address 
operator reports of worn and ruptured bonding straps inside the feeder 
wing tanks and in both outer and inner wing tanks.
    The NPRM was published in the Federal Register on December 23, 2024 
(89 FR 104459). The NPRM was prompted by AD 2024-0154, dated August 2, 
2024 (EASA AD 2024-0154) (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 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.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD

[[Page 35830]]

2024-03-07 and to require repetitive inspections of the affected parts, 
as specified in EASA AD 2024-0154. 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-2024-2667.

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

    These products have been approved by the civil aviation authority 
of another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, that authority has notified the FAA of the unsafe condition 
described in the MCAI referenced above. The FAA reviewed the relevant 
data, considered any comments received, and determined that air safety 
requires adopting this AD as proposed. Accordingly, the FAA is issuing 
this AD to address the unsafe condition on these products. 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.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed EASA AD 2024-0154, which 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.

Costs of Compliance

    The FAA estimates that this AD affects 23 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                    Labor cost                        Parts cost     Cost per product    Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
44 work-hours x $85 per hour = $3,740............              $0              $3,740                   $86,020
----------------------------------------------------------------------------------------------------------------


                  Estimated Costs for Optional Actions
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           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
56 work-hours x $85 per hour =               $1,500              $6,260
 $4,760.........................
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
10 work-hours x $85 per hour =                 $117                $967
 $850...........................
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs 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,

[[Page 35831]]

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:
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:

2025-15-05 Deutsche Aircraft GmbH (Type Certificate Previously Held 
by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild 
Dornier GmbH; Dornier Luftfahrt GmbH): Amendment 39-23092; Docket 
No. FAA-2024-2667; Project Identifier MCAI-2024-00473-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 3, 
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 (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 
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: 
[email protected]. 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 
[email protected].

(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 [email protected]. 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 www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on July 23, 2025.
Christopher R. Parker,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2025-14439 Filed 7-29-25; 8:45 am]
BILLING CODE 4910-13-P

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