DEPARTMENT OF TRANSPORTATION
<SUBAGY>Federal Aviation Administration</SUBAGY>
<CFR>14 CFR Part 39</CFR>
<DEPDOC>[Docket No. FAA-2024-2714; Project Identifier MCAI-2024-00405-T]</DEPDOC>
<RIN>RIN 2120-AA64</RIN>
<SUBJECT>Airworthiness Directives; Deutsche Aircraft GmbH (Type Certificate Previously Held by 328 Support Services GmbH; AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Federal Aviation Administration (FAA), DOT.
<HD SOURCE="HED">ACTION:</HD>
Notice of proposed rulemaking (NPRM).
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
The FAA proposes to adopt 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 proposed AD was prompted by a report of a nose landing gear (NLG) uplock bracket assembly cracking. This proposed AD would require an inspection of the affected part and applicable on-condition actions, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
</SUM>
<EFFDATE>
<HD SOURCE="HED">DATES:</HD>
The FAA must receive comments on this proposed AD by February 10, 2025.
</EFFDATE>
<HD SOURCE="HED">ADDRESSES:</HD>
You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:
•
<E T="03">Federal eRulemaking Portal:</E>
Go to
<E T="03">regulations.gov.</E>
Follow the instructions for submitting comments.
•
<E T="03">Fax:</E>
202-493-2251.
•
<E T="03">Mail:</E>
U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
•
<E T="03">Hand Delivery:</E>
Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
<E T="03">AD Docket:</E>
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 NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above.
<E T="03">Material Incorporated by Reference:</E>
• For EASA material identified in this proposed AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<E T="03">ADs@easa.europa.eu;</E>
website
<E T="03">easa.europa.eu.</E>
You may find this material on the EASA website at
<E T="03">ad.easa.europa.eu.</E>
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
Joe Salameh, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206-231-3536; email:
<E T="03">joe.salameh@faa.gov.</E>
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
<HD SOURCE="HD1">Comments Invited</HD>
The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the
<E T="02">ADDRESSES</E>
section. Include “Docket No. FAA-2024-2714; Project Identifier MCAI-2024-00405-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
<E T="03">regulations.gov,</E>
including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM.
<HD SOURCE="HD1">Confidential Business Information</HD>
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 Joe Salameh, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206-231-3536; email:
<E T="03">joe.salameh@faa.gov.</E>
Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.
<HD SOURCE="HD1">Background</HD>
EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2024-0137, dated July 11, 2024 (EASA AD 2024-0137) (also referred to as the MCAI), to correct an unsafe condition for all Deutsche Aircraft GmbH Model 328-100 and Model 328-300 airplanes. 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.
The FAA is proposing this AD to address the unsafe condition on these products.
You may examine the MCAI in the AD docket at
<E T="03">regulations.gov</E>
under Docket No. FAA-2024-2714.
<HD SOURCE="HD1">Material Incorporated by Reference Under 1 CFR Part 51</HD>
EASA AD 2024-0137 specifies procedures for a detailed inspection for any discrepancy (
<E T="03">i.e.,</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 to be 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
<E T="02">ADDRESSES</E>
section.
<HD SOURCE="HD1">FAA's Determination</HD>
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.
<HD SOURCE="HD1">Proposed AD Requirements in This NPRM</HD>
This proposed AD would require accomplishing the actions specified in EASA AD 2024-0137 described previously.
<HD SOURCE="HD1">Explanation of Required Compliance Information</HD>
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 2024-0137 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2024-0137 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 2024-0137 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 2024-0137.
Material required by EASA AD 2024-0137 for compliance will be available at regulations.gov under Docket No. FAA-2024-2714 after the FAA final rule is published.
<HD SOURCE="HD1">Interim Action</HD>
The FAA considers that this proposed AD would be an interim action.
<HD SOURCE="HD1">Costs of Compliance</HD>
The FAA estimates that this AD, if adopted as proposed, would affect 30 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD:
<GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,12,r50,r50">
<TTITLE>Estimated Costs for Required Actions</TTITLE>
<CHED H="1">Labor cost</CHED>
<CHED H="1">Parts cost</CHED>
<CHED H="1">Cost per product</CHED>
<CHED H="1">Cost on U.S. operators</CHED>
<ROW>
<ENT I="01">Up to 18 work-hours × $85 per hour = $1,530</ENT>
<ENT>$0</ENT>
<ENT>Up to $1,530</ENT>
<ENT>Up to $45,900.</ENT>
</ROW>
</GPOTABLE>
<GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s50,12C,12C">
<TTITLE>Estimated Costs of On-Condition Actions</TTITLE>
<CHED H="1">Labor c
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