[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Rules and Regulations]
[Pages 86034-86036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27120]


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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; 
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.

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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 [email protected]; 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 [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR

[[Page 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
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $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,

[[Page 86036]]

    (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:

2023-23-07 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: [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 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 [email protected].

    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