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]
Airworthiness Directives; Deutsche Aircraft GmbH (Type
Certificate Previously Held by 328 Support Services GmbH; AvCraft
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH)
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: The FAA is adopting a new airworthiness directive (AD)
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,
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:
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-2023-1707.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3228; email firstname.lastname@example.org.
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
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
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
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.
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
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:
Estimated Costs for Required Actions
|22 work-hours x $85 per hour
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.
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
(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
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness