[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Proposed Rules]
[Pages 63036-63039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19862]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1881; Project Identifier MCAI-2023-00495-T]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Deutsche Aircraft GmbH Model 328-100 and 328-300 airplanes. 
This proposed 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 proposed AD would 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 a European Union Aviation 
Safety Agency (EASA) AD, which is proposed for incorporation by 
reference (IBR). This proposed AD would also limit the installation of 
affected parts under certain conditions. The FAA is proposing this AD 
to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 30, 
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-2023-1881; 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 NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email: [email protected]; website: easa.europa.eu. 
You may find this material on the EASA website: ad.easa.europa.eu. It 
is also available at regulations.gov under Docket No. FAA-2023-1881.
     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

[[Page 63037]]

availability of this material at the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3228; email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1881; Project Identifier 
MCAI-2023-00495-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Todd 
Thompson, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 206-231-3228; email 
[email protected]. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2023-0065, dated March 20, 2023 
(EASA AD 2023-0065) (also referred to as the MCAI), to correct an 
unsafe condition for 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. 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.
    The FAA is proposing 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-2023-1881.

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 ADDRESSES section.

FAA's Determination

    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 is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2023-0065 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2023-0065 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0065 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in EASA AD 2023-0065 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2023-
0065. Service information required by EASA AD 2023-0065 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-1881 
after the FAA final rule is published.

Interim Action

    The FAA considers that this proposed 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, if adopted as proposed, would 
affect 54 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

[[Page 63038]]



                                      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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2 work-hours x $85 per hour = $170...........................              $0             $170           $9,180
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    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this proposed 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 current 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Deutsche Aircraft GmbH (Type Certificate Previously Held by 328 
Support Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier 
GmbH; Dornier Luftfahrt GmbH): Docket No. FAA-2023-1881; Project 
Identifier MCAI-2023-00495-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 30, 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 
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

[[Page 63039]]

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: [email protected]. 
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 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 
[email protected].

(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: 
[email protected]; 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 service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 8, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-19862 Filed 9-13-23; 8:45 am]
BILLING CODE 4910-13-P