Proposed Rule2023-17001
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
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
August 14, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for 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 airplanes. This proposed AD was prompted by a report of finding cracks in fuselage frames (FR) 24 and FR26. This proposed AD would require a one-time detailed and eddy current inspection of fuselage FR24 and FR26 (left and right sides), performing corrective actions if necessary, and reporting the inspection results, 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 88 Issue 155 (Monday, August 14, 2023)</title>
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[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54939-54941]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17001]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1707; Project Identifier MCAI-2023-00605-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 adopt a new airworthiness directive (AD)
for 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 airplanes. This proposed AD was
prompted by a report of finding cracks in fuselage frames (FR) 24 and
FR26. This proposed AD would require a one-time detailed and eddy
current inspection of fuselage FR24 and FR26 (left and right sides),
performing corrective actions if necessary, and reporting the
inspection results, 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 September
28, 2023.
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-2023-1707; 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 material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email: <a href="/cdn-cgi/l/email-protection#cb8a8fb88baeaab8aae5aebeb9a4bbaae5aebe"><span class="__cf_email__" data-cfemail="1f5e5b6c5f7a7e6c7e317a6a6d706f7e317a6a">[email protected]</span></a>; website: easa.europa.eu.
You may find this material on the EASA website: ad.easa.europa.eu. It
is also available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1707.
<bullet> You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195.
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#483c272c2c663c202725383b2726082e2929662f273e"><span class="__cf_email__" data-cfemail="cabea5aeaee4bea2a5a7bab9a5a48aacababe4ada5bc">[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 ADDRESSES. Include ``Docket No. FAA-2023-1707; Project Identifier
MCAI-2023-00605-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 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#1a6e757e7e346e7275776a6975745a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="b1c5ded5d59fc5d9dedcc1c2dedff1d7d0d09fd6dec7">[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
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0081, dated April 18, 2023
(EASA AD 2023-0081) (also referred to as the MCAI), to correct an
unsafe condition for 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
airplanes. The MCAI states a report of finding cracks in fuselage
frames FR24 and FR26. Investigation of the root cause for cracking is
ongoing. This condition, if not detected and corrected, could lead to
failure of load carrying structural elements, possibly resulting in
reduced integrity of the fuselage. The FAA is proposing this AD
[[Page 54940]]
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-2023-1707.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0081 specifies procedures for a one-time detailed and
eddy current inspection of fuselage FR24 and FR26 (left and right
sides) for damage (cracks). Depending on the inspection results, EASA
AD 2023-0081 also specifies corrective action, including obtaining and
following instructions for crack repair. EASA AD 2023-0081 also
requires reporting the inspection results to Deutsche Aircraft GmbH.
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 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 2023-0081 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
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 2023-0081 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0081 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 EASA AD 2023-0081 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 2023-
0081. Service information required by EASA AD 2023-0081 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1707
after the FAA final rule is published.
Interim Action
The FAA considers that this proposed AD would be 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, if adopted as proposed, would
affect 21 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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22 work-hours x $85 per hour = $1,870........................ $0 $1,870 $39,270
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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.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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
[[Page 54941]]
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 adding the following new airworthiness
directive:
Deutsche Aircraft GmbH (Type Certificate Previously Held by 328
Support Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier
GmbH; Dornier Luftfahrt GmbH): Docket No. FAA-2023-1707; Project
Identifier MCAI-2023-00605-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 28, 2023.
(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
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code: 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report of finding cracks in fuselage
frames (FR) 24 and FR26. The FAA is issuing this AD to address
cracks in FR24 and FR26. The unsafe condition, if not addressed,
could result in failure of load carrying structural elements,
possibly resulting in reduced integrity of the fuselage.
(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
2023-0081, dated April 18, 2023 (EASA AD 2023-0081).
(h) Exceptions to EASA AD 2023-0081
(1) Where EASA AD 2023-0081 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (1) of EASA AD 2023-0081 refers to
compliance time within 1,500 FC or accomplishment of Deutsche
Aircraft GmbH Dornier 328 Maintenance Review Board Report (MRBR)
task 53-41-37-02, for this AD compliance time is within 1,500 flight
cycles after the effective date of this AD.
(3) Where paragraph (2) of EASA AD 2023-0081 refers to
``damages,'' for this AD damages are any possible cracks and surface
cracks.
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0081.
(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 International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#2c15016d7a7f016d657e011b1f1c016d61636f6c4a4d4d024b435a"><span class="__cf_email__" data-cfemail="e6dfcba7b0b5cba7afb4cbd1d5d6cba7aba9a5a6808787c8818990">[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#d8acb7bcbcf6acb0b7b5a8abb7b698beb9b9f6bfb7ae"><span class="__cf_email__" data-cfemail="d7a3b8b3b3f9a3bfb8baa7a4b8b997b1b6b6f9b0b8a1">[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.
(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 2023-0081,
dated April 18, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0081, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email:
<a href="/cdn-cgi/l/email-protection#3372774073565240521d5646415c43521d5646"><span class="__cf_email__" data-cfemail="4001043300252133216e2535322f30216e2535">[email protected]</span></a>; website: easa.europa.eu. You may find this EASA
AD on the EASA website: ad.easa.europa.eu.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email <a href="/cdn-cgi/l/email-protection#7e180c5017100d0e1b1d0a1711103e101f0c1f50191108"><span class="__cf_email__" data-cfemail="6e081c4007001d1e0b0d1a0701002e000f1c0f40090118">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on August 3, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-17001 Filed 8-11-23; 8:45 am]
BILLING CODE 4910-13-P
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