[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 [www.gpo.gov]
[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 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:
    <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 
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 <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 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:

[[Page 80555]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
22 work-hours x $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

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 www.archives.gov/federal-register/cfr/ibr-locations 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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