Rule2023-25504
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
November 20, 2023
Effective
December 26, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Deutsche Aircraft GmbH Model 328-100 airplanes. This AD was prompted by a report of finding cracks in fuselage frames (FR) 24 and FR26. This AD requires 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 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 88 Issue 222 (Monday, November 20, 2023)</title>
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[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80554-80556]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25504]
[[Page 80554]]
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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;
Amendment 39-22591; AD 2023-22-07]
RIN 2120-AA64
Airworthiness Directives; Deutsche Aircraft GmbH (Type
Certificate Previously Held by 328 Support Services GmbH; AvCraft
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt 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 airplanes. This AD was prompted by
a report of finding cracks in fuselage frames (FR) 24 and FR26. This AD
requires 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 incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective December 26, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 26,
2023.
ADDRESSES:
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 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 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#6120251221040012004f0414130e11004f0414"><span class="__cf_email__" data-cfemail="5e1f1a2d1e3b3f2d3f703b2b2c312e3f703b2b">[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-2023-1707.
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#f1859e9595df85999e9c81829e9fb1979090df969e87"><span class="__cf_email__" data-cfemail="b8ccd7dcdc96ccd0d7d5c8cbd7d6f8ded9d996dfd7ce">[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 Model 328-100 airplanes. The NPRM published in the Federal
Register on August 14, 2023 (88 FR 54939). The NPRM was prompted by AD
2023-0081, dated April 18, 2023, issued by EASA, which is the Technical
Agent for the Member States of the European Union (EASA AD 2023-0081)
(also referred to as the MCAI). 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.
In the NPRM, the FAA proposed to 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 EASA AD 2023-0081. 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-2023-1707.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Additional Changes to This AD
The FAA added paragraph (h)(5) of this AD to clarify that any
cracks found during the required inspections must be repaired before
further flight. The FAA has determined that, because of the safety
implications and consequences associated with that cracking, any
cracking in the fuselage FR24 and FR26 must be repaired before further
flight.
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 2023-0081 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 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 21 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 80555]]
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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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 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 currently 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
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:
2023-22-07 Deutsche Aircraft GmbH (Type Certificate Previously Held
by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH): Amendment 39-22591; Docket
No. FAA-2023-1707; Project Identifier MCAI-2023-00605-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 26,
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 a
compliance time of ``within 1,500 flight cycles (FC) or during
accomplishment of Deutsche Aircraft GmbH Dornier 328 Maintenance
Review Board Report (MRBR) task 53-41-37-02, whichever occurs first
after the effective date of this AD.'' for this AD replace those
words with ``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 cracks, including surface
cracks.
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0081.
(5) Where paragraph (2) of EASA AD 2023-0081 specifies ``before
next flight, contact Deutsche Aircraft GmbH for approved repair
instructions, and within the compliance time indicated therein,
accomplish the repair accordingly, including any post-repair
maintenance actions'' this AD requires replacing those words with
``repair cracking before further flight 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. Any post-repair maintenance actions must be done at the
time specified in the approved instructions.''
[[Page 80556]]
(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#dee7f39f888df39f978cf3e9edeef39f93919d9eb8bfbff0b9b1a8"><span class="__cf_email__" data-cfemail="a39a8ee2f5f08ee2eaf18e9490938ee2eeece0e3c5c2c28dc4ccd5">[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#394d565d5d174d515654494a5657795f5858175e564f"><span class="__cf_email__" data-cfemail="c7b3a8a3a3e9b3afa8aab7b4a8a987a1a6a6e9a0a8b1">[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#4c0d083f0c292d3f2d6229393e233c2d622939"><span class="__cf_email__" data-cfemail="8ccdc8ffcce9edffeda2e9f9fee3fceda2e9f9">[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 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#563024783f3825263335223f3938163837243778313920"><span class="__cf_email__" data-cfemail="5c3a2e7235322f2c393f283533321c323d2e3d723b332a">[email protected]</span></a>.
Issued on October 30, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-25504 Filed 11-17-23; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on November 20, 2023.
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