80554 Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 

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. 

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 regulations.gov 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: 

• For 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– 

2023–1707. 

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 

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 regulations.gov 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: 


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Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 80555 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

22 work-hours × $85 per hour = $1,870 ..................................................................................... $0 $1,870 $39,270 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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.’’ 


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80556 Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 

(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: 9-AVS-AIR-730-AMOC@faa.gov. 

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 todd.thompson@faa.gov. 

(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: ADs@easa.europa.eu; 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 www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1720; Project 

Identifier MCAI–2023–00003–R; Amendment 

39–22598; AD 2023–22–14] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for Airbus 

Helicopters Model SA–365C1, SA– 

365C2, and SA–365N helicopters. This 

AD was prompted by reports of 

damaged control rod dual bearings (dual 

bearings) that are installed on the tail 

rotor gearbox (TGB). This AD requires 

repetitively inspecting the TGB 

magnetic plug for particles, analyzing 

any particles collected, taking corrective 

actions if necessary, and reporting 

certain information. Finally, this AD 

allows an affected dual bearing to be 

installed on a helicopter if certain 

actions are accomplished, 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 regulations.gov under Docket 

No. FAA–2023–1720; 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, 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 identified in this 

final rule, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; internet 

easa.europa.eu. You may find the EASA 

material on the EASA website 

ad.easa.europa.eu. 

• You may view this material at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood 

Parkway, Room 6N–321, Fort Worth, TX 

76177. For information on the 

availability of this material at the FAA, 

call (817) 222–5110. It is also available 

at regulations.gov under Docket No. 

FAA–2023–1720. 

Other Related Service Information: 

For Airbus Helicopters service 

information identified in this AD, 

contact Airbus Helicopters, 2701 North 

Forum Drive, Grand Prairie, TX 75052; 

telephone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at 

airbus.com/en/products-services/ 

helicopters/hcare-services/airbusworld. 

You may also view this service 

information at the FAA contact 

information under Material 

Incorporated by Reference above. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Kung, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone (781) 

238–7244; email 9-AVS-AIR-BACOCOS@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

EASA, which is the Technical Agent 

for the Member States of the European 

Union, has issued a series of EASA ADs 

with the most recent being EASA AD 

2023–0001, dated January 4, 2023 

(EASA AD 2023–0001), to correct an 

unsafe condition on Airbus Helicopters 

Model SA 365 C1, SA 365 C2, SA 365 

C3, and SA 365 N helicopters, all 

manufacturer serial numbers. 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to Airbus Helicopters Model SA– 

365C1, SA–365C2, and SA–365N 

helicopters. The NPRM published in the 

Federal Register on September 1, 2023 

(88 FR 60402). The NPRM was 

prompted by reports of damaged dual 

bearings that are installed on the TGB. 

The NPRM proposed to require 

repetitively inspecting the TGB 

magnetic plug for particles, analyzing 

any particles collected, taking corrective 

actions if necessary, and reporting 

certain information. The NPRM also 

proposed to allow installing an affected 

dual bearing on a helicopter if certain 

actions are accomplished, as specified 

in EASA AD 2023–0001. 

The FAA is issuing this AD to inspect 

for particles in the TGB magnetic plug. 

The unsafe condition, if not addressed, 

could result in loss of yaw control and 

subsequent loss of control of the 

helicopter. See EASA AD 2023–0001 for 

additional background information. 


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