86034 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 

Manager, International Validation Branch, 

FAA; or EASA; or Airbus SAS’s EASA 

Design Organization Approval (DOA). If 

approved by the DOA, the approval must 

include the DOA-authorized signature. 

(5) Paragraph (4) of EASA AD 2023–0074 

specifies to report inspection results to 

Airbus within a certain compliance time. For 

this AD, report inspection results at the 

applicable time specified in paragraph 

(h)(5)(i) or (ii) of this AD. 

(i) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 90 days after the inspection. 

(ii) If the inspection was done before the 

effective date of this AD: Submit the report 

within 90 days after the effective date of this 

AD. 

(6) Where paragraph (2) of EASA AD 2023– 

0074 refers to a ferry flight, a special flight 

permit may be issued in accordance with 14 

CFR 21.197 and 21.199 provided the 

operators comply with the provisions 

specified in paragraph (2) of EASA AD 2023– 

0074. 

(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 Airbus SAS’s 

EASA DOA. If approved by the DOA, the 

approval must include the DOA-authorized 

signature. 

(3) Required for Compliance (RC): Except 

as required by paragraphs (h)(2) and (i)(2) of 

this AD, if any service information referenced 

in EASA AD 2023–0074 contains paragraphs 

that are labeled as RC, the instructions in RC 

paragraphs, including subparagraphs under 

an RC paragraph, must be done to comply 

with this AD; any paragraphs, including 

subparagraphs under those paragraphs, that 

are not identified as RC are recommended. 

The instructions in paragraphs, including 

subparagraphs under those paragraphs, not 

identified as RC may be deviated from using 

accepted methods in accordance with the 

operator’s maintenance or inspection 

program without obtaining approval of an 

AMOC, provided the instructions identified 

as RC can be done and the airplane can be 

put back in an airworthy condition. Any 

substitutions or changes to instructions 

identified as RC require approval of an 

AMOC. 

(j) Additional Information 

For more information about this AD, 

contact Tim Dowling, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone 206–231– 

3667; email: timothy.p.dowling@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 2023–0074, dated April 5, 2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0074, 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 at ad.easa.europa.eu. 

(4) 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. 

(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 November 9, 2023. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2023–27116 Filed 12–11–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1881; Project 

Identifier MCAI–2023–00495–T; Amendment 

39–22609; AD 2023–23–07] 

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 

and 328–300 airplanes. This AD was 

prompted by a manufacturer’s design 

review, which identified a potential risk 

of the rudder control rod buckling 

during operation with one engine 

inoperative during take-off and landing 

phases. This AD requires visually 

inspecting the rudder control rod, 

performing a one-time functional check 

of the rudder control rod, 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. This AD also 

limits the installation of affected parts 

under certain conditions. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective January 16, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of January 16, 2024. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1881; 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– 

2023–1881. 

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 


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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 86035 

part 39 by adding an AD that would 

apply to all Deutsche Aircraft GmbH 

(Type Certificate Previously Held by 

328Support Services GmbH; AvCraft 

Aerospace GmbH; Fairchild Dornier 

GmbH; Dornier Luftfahrt GmbH) Model 

328–100 and 328–300 airplanes. The 

NPRM published in the Federal 

Register on September 14, 2023 (88 FR 

63036). The NPRM was prompted by 

AD 2023–0065, dated March 20, 2023, 

issued by EASA, which is the Technical 

Agent for the Member States of the 

European Union (EASA AD 2023–0065) 

(also referred to as the MCAI). The 

MCAI states that during a design review 

of the rudder control architecture, it was 

discovered that the rudder control rod 

could buckle during operation with one 

engine inoperative during take-off and 

landing phases. This condition, if not 

detected and corrected, could result in 

reduced control of the airplane. 

In the NPRM, the FAA proposed to 

require visually inspecting the rudder 

control rod, performing a one-time 

functional check of the rudder control 

rod, performing corrective actions if 

necessary, and reporting the inspection 

results, as specified in EASA AD 2023– 

0065. The NPRM also proposed to limit 

the installation of affected parts under 

certain conditions. The FAA is issuing 

this AD to address the potential failure 

of a rudder control rod. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1881. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received no comments on 

the NPRM or on the determination of 

the cost to the public. 

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 2023–0065 specifies 

procedures for a functional check and 

general visual inspection (GVI) of the 

rudder control rod (measuring the 

length of the rudder control rod, 

inspecting for signs of bending, ensuring 

both rudder control rod ends are 

symmetrically adjusted, and ensuring 

the threads of the rod end fully cover 

both inspection holes). Depending on 

the inspection results, EASA AD 2023– 

0065 also specifies corrective action, 

including obtaining and following 

instructions if any discrepancy is 

identified. EASA AD 2023–0065 also 

requires reporting the inspection results 

to Deutsche Aircraft GmbH and limits 

the installation of affected parts under 

certain conditions. 

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 

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 

affects 54 airplanes of U.S. registry. The 

FAA estimates the following costs to 

comply with this AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

2 work-hours × $85 per hour = $170 .......................................................................................... $0 $170 $9,180 

The FAA has received no definitive 

data on which to base the cost estimates 

for the on-condition actions 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, 


ddrumheller on DSK120RN23PROD with RULES1
86036 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Rules and Regulations 

(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: 

2023–23–07 Deutsche Aircraft GmbH (Type 

Certificate Previously Held by 328 

Support Services GmbH; AvCraft 

Aerospace GmbH; Fairchild Dornier 

GmbH; Dornier Luftfahrt GmbH): 

Amendment 39–22609; Docket No. 

FAA–2023–1881; Project Identifier 

MCAI–2023–00495–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective January 16, 2024. 

(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 and 

328–300 airplanes, certificated in any 

category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code: 27, Flight Controls. 

(e) Unsafe Condition 

This AD was prompted by a manufacturer’s 

design review, which identified a potential 

risk of the rudder control rod buckling during 

operation with one engine inoperative during 

take-off and landing phases. The FAA is 

issuing this AD to address the potential 

failure of a rudder control rod. The unsafe 

condition, if not addressed, could result in 

reduced control of the airplane. 

(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 2023–0065, dated 

March 20, 2023 (EASA AD 2023–0065). 

(h) Exceptions to EASA AD 2023–0065 

(1) Where EASA AD 2023–0065 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) Replace the entire text of paragraph (2) 

of EASA AD 2023–0065 with the following 

text, ‘‘If, during the functional check or GVI 

as required by paragraph (1) of this AD, as 

applicable, the length of the rudder control 

rod exceeds the maximum allowable length 

specified in the ASB, the rudder control rod 

is bent, both rudder control rod ends are not 

symmetrically adjusted, or both inspection 

holes are not fully covered with the threads 

of the rod end, repair 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.’’ 

(3) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0065. 

(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 DOA. If approved by the 

DOA, the approval must include the DOAauthorized 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 2023–0065, dated March 20, 

2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0065, 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 November 13, 2023. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2023–27120 Filed 12–11–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1723; Project 

Identifier MCAI–2023–00457–T; Amendment 

39–22605; AD 2023–23–03] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Airbus SAS Model A330–200 Freighter 

series airplanes. This AD was prompted 

by a widespread fatigue damage (WFD) 

evaluation on Airbus SAS Model A330– 

200 Freighter series airplanes, which 

found that the circumferential joint at 

Frame 58 (near the rear fuselage) is 

susceptible to WFD. This AD requires a 

modification to reinforce the 

circumferential joints at Frame 58 and, 

if necessary, corrective action, 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 January 16, 

2024. 


ddrumheller on DSK120RN23PROD with RULES1