[Federal Register Volume 90, Number 63 (Thursday, April 3, 2025)]
[Rules and Regulations]
[Pages 14569-14572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05643]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2714; Project Identifier MCAI-2024-00405-T;
Amendment 39-22996; AD 2025-06-08]
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 (Type Certificate previously held by 328 Support
Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier
Luftfahrt GmbH) Model 328-100 and Model 328-300 airplanes. This AD was
prompted by a report of a nose landing gear (NLG) uplock bracket
assembly cracking. This AD requires an inspection of the affected part
and applicable on-condition actions, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is incorporated by reference
(IBR). The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective May 8, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 8, 2025.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-2714; 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
[[Page 14570]]
(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 EASA material identified 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 at regulations.gov under
Docket No. FAA-2024-2714.
FOR FURTHER INFORMATION CONTACT: Joe Salameh, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206-
231-3536; email: [email protected].
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 and Model 328-300 airplanes. The NPRM published in
the Federal Register on December 27, 2024 (89 FR 105487). The NPRM was
prompted by AD 2024-0137, dated July 11, 2024, issued by EASA, which is
the Technical Agent for the Member States of the European Union (EASA
AD 2024-0137) (also referred to as the MCAI). The MCAI states an
occurrence of NLG uplock bracket assembly cracking was discovered
which, if not addressed, could result in uncommanded NLG extension
which, in combination with a one engine inoperative condition during
initial climb, may result in reduced climb performance, with possible
impact with terrain or obstacle.
In the NPRM, the FAA proposed to require an inspection of the
affected part and applicable on-condition actions, as specified in EASA
AD 2024-0137. 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-2024-2714.
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.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0137 specifies procedures for a detailed inspection
for any discrepancy (i.e., any corrosion, crack, dent, nick,
deformation, and measurement not within specified dimensions of the
referenced service information) of the NLG uplock bracket assembly,
part number 001A322D3100002, and applicable on-condition actions. The
on-condition actions include additional detailed inspections for any
discrepancy of the fasteners (which includes corrosion, cracks, dents,
nicks, and deformation), replacement of the fasteners, and contacting
Deutsche Aircraft GmbH for instructions and doing those instructions.
EASA AD 2024-0137 also states that the AD is considered an interim
measure and further AD action may follow. 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 this AD will affect 30 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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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 18 work-hours x $85 per hour = $0 Up to $1,530.............. Up to $45,900.
$1,530.
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The FAA estimates the following costs to do any necessary on-
condition actions that are required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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2 work-hours x $85 per hour = $170. $117 $287
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* The FAA has received no definitive data on which to base the cost
estimates for the on-condition instructions 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
[[Page 14571]]
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:
2025-06-08 Deutsche Aircraft GmbH (Type Certificate Previously Held
by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH): Amendment 39-22996; Docket
No. FAA-2024-2714; Project Identifier MCAI-2024-00405-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 8, 2025.
(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 Model 328-300 airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Unsafe Condition
This AD was prompted by a report of nose landing gear (NLG)
uplock bracket assembly cracking. The FAA is issuing this AD to
address this unsafe condition which, if not addressed, could result
in uncommanded NLG extension which, in combination with a one engine
inoperative condition during initial climb, may result in reduced
climb performance, with possible impact with terrain or obstacle.
(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
2024-0137, dated July 11, 2024 (EASA AD 2024-0137).
(h) Exceptions to EASA AD 2024-0137
(1) Where EASA AD 2024-0137 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0137.
(3) Where paragraph (2) of EASA AD 2024-0137 specifies
corrective actions if ``any discrepancy, as defined in the SB, is
detected,'' for this AD, replace that text with ``any corrosion,
crack, dent, nick, deformation, or measurement not within specified
dimensions of the SB is detected.''
(4) Where paragraph (3) of EASA AD 2024-0137 specifies
additional actions if ``any discrepancy is detected,'' for this AD,
replace that text with ``any discrepancy, which includes corrosion,
cracks, dents, nicks, and deformation, is detected.''
(5) Paragraph (4) of EASA AD 2024-0137 specifies to report
inspection results to Deutsche Aircraft GmbH 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 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(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 manager of the
International Validation Branch, send it to the attention of the
person identified in paragraph (j) of this AD and email 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
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 Joe Salameh,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 206-231-3536; email: [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
[[Page 14572]]
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0137,
dated July 11, 2024.
(ii) [Reserved]
(3) For EASA material identified 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.
(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 [email protected].
Issued on March 27, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-05643 Filed 4-2-25; 8:45 am]
BILLING CODE 4910-13-P