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[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65308-65311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20554]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1884; Project Identifier MCAI-2023-00482-A; 
Amendment 39-22554; AD 2023-19-04]
RIN 2120-AA64

Airworthiness Directives; Aircraft Industries, a.s. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Aircraft Industries, a.s. Model L-420, L 410 UVP-E20, and L 410 UVP-E20 
CARGO airplanes. This AD was prompted by reports of the pressure plates 
within the main landing gear (MLG) wheel brake unit malfunctioning. 
This AD requires replacing certain MLG wheel brake units with 
serviceable parts and prohibits installing an affected part

[[Page 65309]]

on any airplane. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective October 10, 2023.
    The FAA must receive comments on this AD by November 6, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: (202) 493-2251.
     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.
     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 regulations.gov under 
Docket No. FAA-2023-1884; 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 
street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (816) 329-4059; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-1884; Project Identifier MCAI-
2023-00482-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Doug 
Rudolph, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590. 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 European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2023-0055, dated March 16, 2023 (referred to after this as the 
MCAI), to correct an unsafe condition on Aircraft Industries, a.s. 
Model L-410 M Turbolet, L-410 UVP--Turbolet, L-410 UVP-E, L 410 UVP-E9, 
L 410 UVP-LW, L 410 UVP-E-LW, L 410 UVP-E20, L 410 UVP-E20 CARGO, and 
L-420 airplanes, all variants. The MCAI states there were several 
reports of the MLG wheel brake malfunctioning (blocking). 
Investigations revealed that all the malfunctions were caused by 
fractured brake pressure plates, and further analysis by Aircraft 
Industries, a.s. and the brake unit manufacturer showed that the root-
cause of the failure was an improper (re-) design of certain pressure 
plates installed on certain serial numbers of MLG wheel brake unit part 
number (P/N) K38-1200-7. This condition, if not detected and corrected, 
could lead to reduced brake function, resulting in loss of control of 
the airplane, especially during taxiing, aborted take-off, or landing. 
The MCAI requires replacing all affected parts with serviceable parts, 
as defined in the MCAI.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1884.

FAA's Determination

    These products have been approved by the 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, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA is issuing this AD after determining 
that the unsafe condition described previously is likely to exist or 
develop on other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the MCAI 
described previously, except as discussed under ``Differences Between 
this AD and the MCAI.'' This AD also prohibits installing on any 
airplane an MLG wheel brake unit P/N K38-1200-7 with serial number XXX-
35, XXX-36, XXX-37, or XXX-38, where X represents any numerical value.

Differences Between This AD and the MCAI

    The MCAI applicability includes Aircraft Industries a.s. Model L-
410 M Turbolet, L-410 UVP--Turbolet, L-410 UVP-E, L 410 UVP-E9, L 410 
UVP-LW, and L 410 UVP-E-LW airplanes and this AD does not because those 
airplane models do not have an FAA type certificate.
    The MCAI specifies a compliance time based on an affected part's 
number of flight cycles, but this AD requires a compliance time based 
on an affected part's hours time-in-service (TIS). When doing the 
conversion from flight cycles to hours TIS, the FAA has estimated that 
1 flight cycle is equal to 1 hour TIS.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    There are no affected airplanes currently on the U.S. registry. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In

[[Page 65310]]

addition, for the foregoing reason(s), the FAA finds that good cause 
exists pursuant to 5 U.S.C. 553(d) for making this amendment effective 
in less than 30 days.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    There are no costs of compliance with this AD because there are no 
affected airplanes on the U.S. Registry. In the event an affected 
product becomes a U.S.-registered product, the following is an estimate 
of the costs to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace affected MLG wheel brake unit.  8 work-hours x $85 per            $5,000          $5,680              $0
                                         hour = $680.
----------------------------------------------------------------------------------------------------------------

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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2023-19-04 Aircraft Industries, a.s.: Amendment 39-22554; Docket No. 
FAA-2023-1884; Project Identifier MCAI-2023-00482-A.

(a) Effective Date

    This airworthiness directive (AD) is effective October 10, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Aircraft Industries, a.s. Model L-420, L 410 
UVP-E20, and L 410 UVP-E20 CARGO airplanes, all serial numbers, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3240, Landing Gear 
Brake System.

(e) Unsafe Condition

    This AD was prompted by reports of the pressure plates within 
the main landing gear (MLG) wheel brake unit malfunctioning. The FAA 
is issuing this AD to address MLG wheel brake failures. The unsafe 
condition, if not addressed, could result in reduced brake function, 
resulting in loss of control of the airplane, especially during 
taxiing, aborted take-off, or landing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    The following definitions apply to this AD:
    (1) An ``affected part'' is an MLG wheel brake unit part number 
(P/N) K38-1200-7 having serial number XXX-35, XXX-36, XXX-37, or 
XXX-38, where X represents any numerical value and where the MLG 
wheel brake unit has not been modified using sections B. and C. of 
the Implementation Information in LET Aircraft Industries Service 
Bulletin L-410/039a, Revision 1, dated October 25, 2022 (LET SB L-
410/039a, Revision 1).
    (2) A ``serviceable part'' is an MLG wheel brake unit that is 
not P/N K38-1200-7 having serial number XXX-35, XXX-36, XXX-37, or 
XXX-38, where X represents any numerical value or where the MLG 
wheel brake unit P/N K38-1200-7 having serial number XXX-35, XXX-36, 
XXX-37, or XXX-38 has been modified using sections B. and C. of the 
Implementation Information in LET SB L-410/039a, Revision 1.

(h) Required Actions

    (1) For airplanes with an affected part installed: Before each 
affected part accumulates 1,500 hours time-in-service (TIS) since 
the affected part's first installation on any airplane or within 10 
hours TIS after the effective date of this AD, whichever occurs 
later, replace each affected part with a serviceable part.
    (2) As of the effective date of this AD, do not install an 
affected part on any airplane.

(i) 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (j)(2) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office.

(j) Additional Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD 
2023-0055, dated March 16, 2023, for related information. This

[[Page 65311]]

EASA AD may be found in the AD docket at regulations.gov under 
Docket No. FAA-2023-1884.
    (2) For more information about this AD, contact Doug Rudolph, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (816) 329-4059; email: 
[email protected].
    (3) For service information identified in this AD that is not 
incorporated by reference, contact Aircraft Industries, a.s., Na 
Z[aacute]honech 1177, Kunovice, Czech Republic; phone: +420 572 817 
664; email: [email protected]; website: let.cz/en/bulletin. You may view 
this service information at the FAA, Airworthiness Products Section, 
Operational Safety Branch, 901 Locust Street, Kansas City, MO 64106. 
For information on the availability of this material at the FAA, 
call (817) 222-5110.

(k) Material Incorporated by Reference

    None.

    Issued on September 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-20554 Filed 9-21-23; 8:45 am]
BILLING CODE 4910-13-P
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