Airworthiness Directives; Aircraft Industries, a.s. Airplanes, 65308-65311 [2023-20554]

Download as PDF 65308 Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2023–13–05 The Boeing Company: Amendment 39–22490; Docket No. FAA–2022–1250; Project Identifier AD– 2022–00763–T. (a) Effective Date This airworthiness directive (AD) is effective October 27, 2023. (b) Affected ADs None. (c) Applicability (1) This AD applies to all The Boeing Company Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes, certificated in any category. (2) Installation of Supplemental Type Certificate (STC) ST00830SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST00830SE is installed, a ‘‘change in product’’ alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17 (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Unsafe Condition This AD was prompted by a report indicating fuselage skin lap splice cracking was found between stations (STA) 767 and STA 787, just below S–14R fuselage skin lap splice, where a lower skin panel buckle intersected the upper skin of the lap splice. Cracking was also found just below S–14R between STA 747 and STA 767. The FAA is issuing this AD to address cracks, skin buckles, wrinkles, and bulges at fuselage longitudinal lap splice areas at S–4, S–14 and S–24. This condition, if not addressed, could result in cracks in fatigue-critical baseline structure and the inability of a principal structural element to sustain limit loads, which could adversely affect the structural integrity of the airplane. lotter on DSK11XQN23PROD with RULES1 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions Except as specified by paragraph (h) of this AD: At the applicable times specified in the ‘‘Compliance’’ paragraph of Boeing Special Attention Requirements Bulletin 737–53– 1399 RB, Revision 1, dated March 14, 2023, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Special Attention VerDate Sep<11>2014 15:55 Sep 21, 2023 Jkt 259001 Requirements Bulletin 737–53–1399 RB, Revision 1, dated March 14, 2023. Note 1 to paragraph (g): Guidance for accomplishing the actions required by this AD can be found in Boeing Special Attention Service Bulletin 737–53–1399 RB, Revision 1, dated March 14, 2023, which is referred to in Boeing Special Attention Requirements Bulletin 737–53–1399 RB, Revision 1, dated March 14, 2023. (h) Exceptions to Service Information Specifications (1) Where the Compliance Time columns of the tables in the ‘‘Compliance’’ paragraph of Boeing Special Attention Requirements Bulletin 737–53–1399 RB, Revision 1, dated March 14, 2023, use the phrase ‘‘the original issue date of the Requirements Bulletin 737– 53–1399 RB,’’ this AD requires using ‘‘the effective date of this AD.’’ (2) Where Boeing Special Attention Requirements Bulletin 737–53–1399 RB, Revision 1, dated March 14, 2023, specifies contacting Boeing for repair instructions or for alternative inspections: This AD requires doing the repair and doing the alternative inspections and applicable on-condition actions using a method approved in accordance with the procedures specified in paragraph (i) of this AD. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, AIR–520 Continued Operational Safety 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 certification office, send it to the attention of the person identified in paragraph (j)(1) of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov/. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, AIR–520 Continued Operational Safety Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (j) Related Information (1) For more information about this AD, contact Owen Bley-Male, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206–231–3992; email: Owen.F.Bley-Male@faa.gov. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (k)(3) and (4) of this AD. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 (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 the AD specifies otherwise. (i) Boeing Special Attention Requirements Bulletin 737–53–1399 RB, Revision 1, dated March 14, 2023. (ii) [Reserved] (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet myboeingfleet.com. (4) You may view this service information 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 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, fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on June 30, 2023. Michael Linegang, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–20503 Filed 9–21–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1884; Project Identifier MCAI–2023–00482–A; Amendment 39–22554; AD 2023–19–04] RIN 2120–AA64 Airworthiness Directives; Aircraft Industries, a.s. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is adopting a new airworthiness directive (AD) for all Aircraft Industries, a.s. Model L–420, L 410 UVP–E20, and L 410 UVP–E20 CARGO airplanes. This AD was prompted by reports of the pressure plates within the main landing gear (MLG) wheel brake unit malfunctioning. This AD requires replacing certain MLG wheel brake units with serviceable parts and prohibits installing an affected part SUMMARY: E:\FR\FM\22SER1.SGM 22SER1 Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 on any airplane. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective October 10, 2023. The FAA must receive comments on this AD by November 6, 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–2023–1884; 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 street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (816) 329–4059; email: doug.rudolph@ faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2023–1884; Project Identifier MCAI–2023–00482– A’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, 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 final rule 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 VerDate Sep<11>2014 15:55 Sep 21, 2023 Jkt 259001 substantive verbal contact received about this final rule. 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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Doug Rudolph, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2023–0055, dated March 16, 2023 (referred to after this as the MCAI), to correct an unsafe condition on Aircraft Industries, a.s. Model L–410 M Turbolet, L–410 UVP—Turbolet, L–410 UVP–E, L 410 UVP–E9, L 410 UVP–LW, L 410 UVP–E–LW, L 410 UVP–E20, L 410 UVP–E20 CARGO, and L–420 airplanes, all variants. The MCAI states there were several reports of the MLG wheel brake malfunctioning (blocking). Investigations revealed that all the malfunctions were caused by fractured brake pressure plates, and further analysis by Aircraft Industries, a.s. and the brake unit manufacturer showed that the root-cause of the failure was an improper (re-) design of certain pressure plates installed on certain serial numbers of MLG wheel brake unit part number (P/N) K38–1200–7. This condition, if not detected and corrected, could lead to reduced brake function, resulting in loss of control of the airplane, especially during taxiing, aborted take-off, or landing. The MCAI requires replacing all affected parts with serviceable parts, as defined in the MCAI. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–1884. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 65309 FAA’s Determination These products have been approved by the aviation authority of another country and are 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 AD after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design. AD Requirements This AD requires accomplishing the actions specified in the MCAI described previously, except as discussed under ‘‘Differences Between this AD and the MCAI.’’ This AD also prohibits installing on any airplane an MLG wheel brake unit P/N K38–1200–7 with serial number XXX–35, XXX–36, XXX– 37, or XXX–38, where X represents any numerical value. Differences Between This AD and the MCAI The MCAI applicability includes Aircraft Industries a.s. Model L–410 M Turbolet, L–410 UVP—Turbolet, L–410 UVP–E, L 410 UVP–E9, L 410 UVP–LW, and L 410 UVP–E–LW airplanes and this AD does not because those airplane models do not have an FAA type certificate. The MCAI specifies a compliance time based on an affected part’s number of flight cycles, but this AD requires a compliance time based on an affected part’s hours time-in-service (TIS). When doing the conversion from flight cycles to hours TIS, the FAA has estimated that 1 flight cycle is equal to 1 hour TIS. Justification for Immediate Adoption and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. There are no affected airplanes currently on the U.S. registry. Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In E:\FR\FM\22SER1.SGM 22SER1 65310 Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations addition, for the foregoing reason(s), the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days. Regulatory Flexibility Act The requirements of the Regulatory Flexibility Act (RFA) do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without prior notice and comment, RFA analysis is not required. Costs of Compliance There are no costs of compliance with this AD because there are no affected airplanes on the U.S. Registry. In the event an affected product becomes a U.S.-registered product, the following is an estimate of the costs to comply with this AD. ESTIMATED COSTS Action Labor cost Replace affected MLG wheel brake unit ........ 8 work-hours × $85 per hour = $680 ............. 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, and (2) Will not affect intrastate aviation in Alaska. lotter on DSK11XQN23PROD with RULES1 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, VerDate Sep<11>2014 15:55 Sep 21, 2023 Jkt 259001 Parts cost 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2023–19–04 Aircraft Industries, a.s.: Amendment 39–22554; Docket No. FAA–2023–1884; Project Identifier MCAI–2023–00482–A. (a) Effective Date This airworthiness directive (AD) is effective October 10, 2023. (b) Affected ADs None. (c) Applicability This AD applies to Aircraft Industries, a.s. Model L–420, L 410 UVP–E20, and L 410 UVP–E20 CARGO airplanes, all serial numbers, certificated in any category. $5,000 Cost per product $5,680 Cost on U.S. operators $0 having serial number XXX–35, XXX–36, XXX–37, or XXX–38, where X represents any numerical value and where the MLG wheel brake unit has not been modified using sections B. and C. of the Implementation Information in LET Aircraft Industries Service Bulletin L–410/039a, Revision 1, dated October 25, 2022 (LET SB L–410/039a, Revision 1). (2) A ‘‘serviceable part’’ is an MLG wheel brake unit that is not P/N K38–1200–7 having serial number XXX–35, XXX–36, XXX–37, or XXX–38, where X represents any numerical value or where the MLG wheel brake unit P/ N K38–1200–7 having serial number XXX– 35, XXX–36, XXX–37, or XXX–38 has been modified using sections B. and C. of the Implementation Information in LET SB L– 410/039a, Revision 1. (h) Required Actions (1) For airplanes with an affected part installed: Before each affected part accumulates 1,500 hours time-in-service (TIS) since the affected part’s first installation on any airplane or within 10 hours TIS after the effective date of this AD, whichever occurs later, replace each affected part with a serviceable part. (2) As of the effective date of this AD, do not install an affected part on any airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (i) 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 local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (j)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. If mailing information, also submit information by email. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (g) Definitions The following definitions apply to this AD: (1) An ‘‘affected part’’ is an MLG wheel brake unit part number (P/N) K38–1200–7 (j) Additional Information (1) Refer to European Union Aviation Safety Agency (EASA) AD 2023–0055, dated March 16, 2023, for related information. This (d) Subject Joint Aircraft System Component (JASC) Code 3240, Landing Gear Brake System. (e) Unsafe Condition This AD was prompted by reports of the pressure plates within the main landing gear (MLG) wheel brake unit malfunctioning. The FAA is issuing this AD to address MLG wheel brake failures. The unsafe condition, if not addressed, could result in reduced brake function, resulting in loss of control of the airplane, especially during taxiing, aborted take-off, or landing. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\22SER1.SGM 22SER1 Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations EASA AD may be found in the AD docket at regulations.gov under Docket No. FAA– 2023–1884. (2) For more information about this AD, contact Doug Rudolph, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (816) 329– 4059; email: doug.rudolph@faa.gov. (3) For service information identified in this AD that is not incorporated by reference, contact Aircraft Industries, a.s., Na Za´honech 1177, Kunovice, Czech Republic; phone: +420 572 817 664; email: pps@let.cz; website: let.cz/en/bulletin. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust Street, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. (k) Material Incorporated by Reference None. Issued on September 18, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–20554 Filed 9–21–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2023–1325; Airspace Docket No. 23–AGL–17] RIN 2120–AA66 Amendment of VOR Federal Airway V– 36 and Establishment of RNAV Route T–675; Northcentral United States Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends Very High Frequency Omnidirectional Range (VOR) Federal airway V–36 and establishes Canadian Area Navigation (RNAV) route T–675 in the northcentral United States (US). The Air Traffic Service (ATS) route actions are necessary due to the planned decommissioning of the Wawa, Ontario (ON), Canada, VOR navigational aid (NAVAID). This action is in support of NAV CANADA’s NAVAID Modernization Program within Canada. DATES: Effective date 0901 UTC, November 30, 2023. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and publication of conforming amendments. ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all comments received, this final rule, and lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:55 Sep 21, 2023 Jkt 259001 all background material may be viewed online at www.regulations.gov using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. FAA Order JO 7400.11H, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/ publications/. You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies the ATS route structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System. History The FAA published a notice of proposed rulemaking for Docket No. FAA–2023–1325 in the Federal Register (88 FR 37179; June 7, 2023), amending VOR Federal airway V–36 and establishing Canadian RNAV route T– 675 in the northcentral US. The action is due to the planned decommissioning of the Wawa, Ontario (ON), Canada, VOR navigational aid (NAVAID) by NAV CANADA in support of their NAVAID Modernization Program. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received. Differences From the NPRM Subsequent to the NPRM, NAV CANADA clarified their intended action due to the planned decommissioning of PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 65311 the Wawa, ON, Canada VOR was to replace the existing V–36 entirely with a new RNAV route T–675 between the Thunder Bay, ON, Canada, area and the Sault Ste Marie, MI, VOR/Distance Measuring Equipment (DME) NAVAID. The NPRM proposed to remove the affected V–36 airway segments within US airspace between the Thunder Bay, ON, Canada, VOR/DME and the Sault Ste Marie, MI, VOR/DME, but only proposed to establish the replacement Canadian RNAV route T–675 for one of the two affected V–36 segments within US airspace. In the NPRM, the FAA proposed to establish the T–675 route segment over Lake Michigan between the NOJJE, MI, waypoint (WP) replacing the ‘‘CFZDP’’ computer navigation fix (CNF) and the RUXDU, MI, WP replacing the ‘‘CFTKM’’ CNF on the US/ Canada border, but not the second route segment overlaying V–36 in US airspace between the Sault Ste Marie VOR/DME northward to the US/Canada border. In order to provide continued cross border connectivity for the entirety of the new T–675 route replacing the existing V–36 airway between the Thunder Bay VOR/DME and the Sault Ste Marie VOR/DME, the FAA has determined this action must also include establishing a second segment of T–675 within US airspace between the Sault Ste Marie VOR/DME and the BBIGG, MI, WP replacing the ‘‘CFCMN’’ CNF on the US/Canada border. Although the second T–675 route segment was not proposed in the NPRM, its inclusion in this action retains the ATS routing provided by V–36 prior to this final rule, provides route continuity with NAV CANADA’s T–675 in Canadian airspace, assures continued cross border connectivity between Thunder Bay, Ontario, Canada and Sault Ste Marie, MI, and prevents any possible safety-related issues or confusion caused by the publication of the replacement T–675 route ending on the US/Canada border instead of the Sault Ste Marie VOR/DME NAVAID. Therefore, this action adds the Canadian RNAV route T–675 segment between the Sault Ste Marie VOR/DME and the BBIGG, MI, WP to the route description published in the NPRM. The Canadian RNAV route T–675 being established in this final rule extends between the Sault Ste Marie VOR/DME and the BBIGG, MI, WP and between the NOJJE, MI, WP and the RUXDU, MI, WP. Incorporation by Reference VOR Federal airways are published in paragraph 6010(a) and Canadian Area Navigation Routes are published in paragraph 6013 of FAA Order JO E:\FR\FM\22SER1.SGM 22SER1

Agencies

[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65308-65311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20554]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1884; Project Identifier MCAI-2023-00482-A; 
Amendment 39-22554; AD 2023-19-04]
RIN 2120-AA64


Airworthiness Directives; Aircraft Industries, a.s. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Aircraft Industries, a.s. Model L-420, L 410 UVP-E20, and L 410 UVP-E20 
CARGO airplanes. This AD was prompted by reports of the pressure plates 
within the main landing gear (MLG) wheel brake unit malfunctioning. 
This AD requires replacing certain MLG wheel brake units with 
serviceable parts and prohibits installing an affected part

[[Page 65309]]

on any airplane. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective October 10, 2023.
    The FAA must receive comments on this AD by November 6, 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-2023-1884; 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 
street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (816) 329-4059; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-1884; Project Identifier MCAI-
2023-00482-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Doug 
Rudolph, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2023-0055, dated March 16, 2023 (referred to after this as the 
MCAI), to correct an unsafe condition on Aircraft Industries, a.s. 
Model L-410 M Turbolet, L-410 UVP--Turbolet, L-410 UVP-E, L 410 UVP-E9, 
L 410 UVP-LW, L 410 UVP-E-LW, L 410 UVP-E20, L 410 UVP-E20 CARGO, and 
L-420 airplanes, all variants. The MCAI states there were several 
reports of the MLG wheel brake malfunctioning (blocking). 
Investigations revealed that all the malfunctions were caused by 
fractured brake pressure plates, and further analysis by Aircraft 
Industries, a.s. and the brake unit manufacturer showed that the root-
cause of the failure was an improper (re-) design of certain pressure 
plates installed on certain serial numbers of MLG wheel brake unit part 
number (P/N) K38-1200-7. This condition, if not detected and corrected, 
could lead to reduced brake function, resulting in loss of control of 
the airplane, especially during taxiing, aborted take-off, or landing. 
The MCAI requires replacing all affected parts with serviceable parts, 
as defined in the MCAI.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1884.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are 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 AD after determining 
that the unsafe condition described previously is likely to exist or 
develop on other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the MCAI 
described previously, except as discussed under ``Differences Between 
this AD and the MCAI.'' This AD also prohibits installing on any 
airplane an MLG wheel brake unit P/N K38-1200-7 with serial number XXX-
35, XXX-36, XXX-37, or XXX-38, where X represents any numerical value.

Differences Between This AD and the MCAI

    The MCAI applicability includes Aircraft Industries a.s. Model L-
410 M Turbolet, L-410 UVP--Turbolet, L-410 UVP-E, L 410 UVP-E9, L 410 
UVP-LW, and L 410 UVP-E-LW airplanes and this AD does not because those 
airplane models do not have an FAA type certificate.
    The MCAI specifies a compliance time based on an affected part's 
number of flight cycles, but this AD requires a compliance time based 
on an affected part's hours time-in-service (TIS). When doing the 
conversion from flight cycles to hours TIS, the FAA has estimated that 
1 flight cycle is equal to 1 hour TIS.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    There are no affected airplanes currently on the U.S. registry. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In

[[Page 65310]]

addition, for the foregoing reason(s), the FAA finds that good cause 
exists pursuant to 5 U.S.C. 553(d) for making this amendment effective 
in less than 30 days.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    There are no costs of compliance with this AD because there are no 
affected airplanes on the U.S. Registry. In the event an affected 
product becomes a U.S.-registered product, the following is an estimate 
of the costs to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace affected MLG wheel brake unit.  8 work-hours x $85 per            $5,000          $5,680              $0
                                         hour = $680.
----------------------------------------------------------------------------------------------------------------

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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2023-19-04 Aircraft Industries, a.s.: Amendment 39-22554; Docket No. 
FAA-2023-1884; Project Identifier MCAI-2023-00482-A.

(a) Effective Date

    This airworthiness directive (AD) is effective October 10, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Aircraft Industries, a.s. Model L-420, L 410 
UVP-E20, and L 410 UVP-E20 CARGO airplanes, all serial numbers, 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3240, Landing Gear 
Brake System.

(e) Unsafe Condition

    This AD was prompted by reports of the pressure plates within 
the main landing gear (MLG) wheel brake unit malfunctioning. The FAA 
is issuing this AD to address MLG wheel brake failures. The unsafe 
condition, if not addressed, could result in reduced brake function, 
resulting in loss of control of the airplane, especially during 
taxiing, aborted take-off, or landing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    The following definitions apply to this AD:
    (1) An ``affected part'' is an MLG wheel brake unit part number 
(P/N) K38-1200-7 having serial number XXX-35, XXX-36, XXX-37, or 
XXX-38, where X represents any numerical value and where the MLG 
wheel brake unit has not been modified using sections B. and C. of 
the Implementation Information in LET Aircraft Industries Service 
Bulletin L-410/039a, Revision 1, dated October 25, 2022 (LET SB L-
410/039a, Revision 1).
    (2) A ``serviceable part'' is an MLG wheel brake unit that is 
not P/N K38-1200-7 having serial number XXX-35, XXX-36, XXX-37, or 
XXX-38, where X represents any numerical value or where the MLG 
wheel brake unit P/N K38-1200-7 having serial number XXX-35, XXX-36, 
XXX-37, or XXX-38 has been modified using sections B. and C. of the 
Implementation Information in LET SB L-410/039a, Revision 1.

(h) Required Actions

    (1) For airplanes with an affected part installed: Before each 
affected part accumulates 1,500 hours time-in-service (TIS) since 
the affected part's first installation on any airplane or within 10 
hours TIS after the effective date of this AD, whichever occurs 
later, replace each affected part with a serviceable part.
    (2) As of the effective date of this AD, do not install an 
affected part on any airplane.

(i) 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (j)(2) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office.

(j) Additional Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD 
2023-0055, dated March 16, 2023, for related information. This

[[Page 65311]]

EASA AD may be found in the AD docket at regulations.gov under 
Docket No. FAA-2023-1884.
    (2) For more information about this AD, contact Doug Rudolph, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (816) 329-4059; email: 
[email protected].
    (3) For service information identified in this AD that is not 
incorporated by reference, contact Aircraft Industries, a.s., Na 
Z[aacute]honech 1177, Kunovice, Czech Republic; phone: +420 572 817 
664; email: [email protected]; website: let.cz/en/bulletin. You may view 
this service information at the FAA, Airworthiness Products Section, 
Operational Safety Branch, 901 Locust Street, Kansas City, MO 64106. 
For information on the availability of this material at the FAA, 
call (817) 222-5110.

(k) Material Incorporated by Reference

    None.

    Issued on September 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-20554 Filed 9-21-23; 8:45 am]
BILLING CODE 4910-13-P
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