[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Rules and Regulations]
[Pages 12605-12607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6452]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 97-CE-124-AD; Amendment 39-10391; AD 98-06-13]
RIN 2120-AA64
Airworthiness Directives; Dornier Luftfahrt GmbH Models 228-100,
228-101, 228-200, and 228-201 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to all Dornier Luftfahrt GmbH (Dornier) Models 228-100, 228-
101, 228-200, and 228-201 airplanes equipped with certain main landing
gear (MLG). This action requires replacing the MLG axle assembly with
an MLG axle assembly of improved design. This AD is the result of
mandatory continuing airworthiness information (MCAI) issued by the
airworthiness authority for Germany. The actions specified in this AD
are intended to prevent main landing gear failure, which, if not
corrected, could result in loss of control of the airplane during
landing operations.
DATES: Effective June 15, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 15, 1998.
Comments for inclusion in the Rules Docket must be received on or
before April 13, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Regional Counsel,
Attention: Rules Docket No. 97-CE-124-AD, Room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106.
Service information that applies to this AD may be obtained from
Dornier Luftfahrt GmbH, Product Support, P.O. Box 1103, D-82230
Wessling, Federal Republic of Germany; telephone: (08153) 300;
facsimile: (08153) 302985. This information may also be examined at the
Federal Aviation Administration (FAA), Central Region, Office of the
Regional Counsel, Attention: Rules Docket No. 97-CE-124-AD, Room 1558,
601 E. 12th Street, Kansas City, Missouri 64106; or at the Office of
the Federal Register, 800 North Capitol Street, NW, suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr. Karl M. Schletzbaum, Aerospace
Engineer, FAA, Small Airplane Directorate, Aircraft Certification
Service, 1201 Walnut, suite 900, Kansas City, Missouri 64106;
telephone: (816) 426-6934; facsimile: (816) 426-2169.
SUPPLEMENTARY INFORMATION:
Events Leading to the Issuance of This AD
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, notified the FAA that an unsafe condition may exist on all
Dornier Models 228-100, 228-101, 228-200 and 228-201 airplanes equipped
with MLG axle assemblies that have part numbers (P/N) A-511000D00F, A-
521000D00F, A-511000E00F, and A-521000E00F, or FAA-approved equivalent
part numbers. The LBA has received two incident reports of failed MLG
axles. The investigation of these reports reveals that extreme
operating loads will fatigue these MLG axles, which can lead to
cracking and failure. These fatigue cracks are a result of
manufacturing defects (grooves) along the inside radius of the axle.
This condition, if not corrected, could result in loss of control of
the airplane during landing operations.
Relevant Service Information
Dornier has issued Service Bulletin No. SB-228-214, dated January
28, 1994, which specifies procedures for removing the MLG axle assembly
(P/N's A-511000D00F, A-521000D00F, A-511000E00F, and A-521000E00F), and
installing a new MLG axle assembly of improved design.
The LBA classified this service bulletin as mandatory and issued
German AD 94-042 Dornier, dated February 9, 1994, in order to assure
the continued airworthiness of these airplanes in Germany.
[[Page 12606]]
The FAA's Determination
These airplane models are manufactured in Germany and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the LBA has kept the FAA informed of
the situation described above.
The FAA has examined the findings of the LBA; reviewed all
available information, including the service information referenced
above; and determined that AD action is necessary for products of this
type design that are certificated for operation in the United States.
Explanation of the Provisions of This AD
Since an unsafe condition has been identified that is likely to
exist or develop in other Dornier Models 228-100, 228-101, 228-200, and
228-201 airplanes of the same type design registered in the United
States, the FAA is issuing an AD. This AD requires removing the MLG
axle assembly and installing a new MLG axle assembly of improved
design. Accomplishment of the actions of this AD would be required in
accordance with the previously referenced service bulletin.
Cost Impact
The FAA estimates that 3 airplanes in the U.S. registry will be
affected by this AD, that it will take approximately 16 workhours per
airplane to accomplish the required action, and that the average labor
rate is approximately $60 per work hour. Parts will be provided at no
charge. Based on these figures, the cost impact of this AD on U.S.
operators is estimated to be $960 per airplane; however, the FAA has
been informed that as of June 1997, all airplanes in the U.S. registry
have been modified.
The Direct Final Rule Procedure
The FAA anticipates that this regulation will not result in adverse
or negative comment and therefore is issuing it as a direct final rule.
The requirements of this direct final rule address an unsafe condition
identified by a foreign civil airworthiness authority and do not impose
a significant burden on affected operators. In accordance with Section
11.17 of the Federal Aviation Regulations (14 CFR 11.17) unless a
written adverse or negative comment, or a written notice of intent to
submit an adverse or negative comment, is received within the comment
period, the regulation will become effective on the date specified
above. After the close of the comment period, the FAA will publish a
document in the Federal Register indicating that no adverse or negative
comments were received and confirming the date on which the final rule
will become effective. If the FAA does receive, within the comment
period, a written adverse or negative comment, or written notice of
intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by notice and an opportunity for public comment, comments are
invited on this rule. Interested persons are invited to comment on this
rule by submitting such written data, views, or arguments as they may
desire. Communications shall identify the Rules Docket number and be
submitted in triplicate to the address specified under the caption
ADDRESSES. All communications received on or before the closing date
for comments will be considered, and this rule may be amended in light
of the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of the AD action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 97-CE-124-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is noncontroversial and
unlikely to result in adverse or negative comments. For reasons
discussed in the preamble, I certify that this regulation (1) is not a
``significant regulatory action'' under Executive Order 12866; (2) is
not a ``significant rule'' under DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); 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. A final
evaluation has been prepared for this action and is contained in the
Rules Docket. A copy of it may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
98-06-13 Dornier Luftfahrt GMBH: Amendment 39-10391; Docket No. 97-
CE-124-AD.
Applicability: Models 228-100, 228-101, 228-200, and 228-201
(all serial numbers) airplanes, certificated in any category,
equipped with a main landing gear (MLG) axle housing assembly that
has part numbers (P/N) A-511000D00F, A-521000D00F, A-511000E00F, and
A-521000E00F (or FAA-approved equivalent part numbers).
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the
[[Page 12607]]
owner/operator must request approval for an alternative method of
compliance in accordance with paragraph (c) of this AD. The request
should include an assessment of the effect of the modification,
alteration, or repair on the unsafe condition addressed by this AD;
and, if the unsafe condition has not been eliminated, the request
should include specific proposed actions to address it.
Compliance: Required within the next 100 hours time-in-service
(TIS) after the effective date of this AD, unless already
accomplished.
To prevent main landing gear failure, which, if not corrected,
could result in loss of control of the airplane during landing
operations, accomplish the following:
(a) Replace the main landing gear (MLG) axle housing assembly
(P/N's A-511000D00F, A-521000D00F, A-511000E00F, and A-521000E00F,
or FAA-approved equivalent part numbers), with a new MLG axle
housing assembly of improved design in accordance with Dornier 228
Service Bulletin No. SB-228-214, dated January 28, 1994.
(b) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
used if approved by the Manager, Small Airplane Directorate, 1201
Walnut, suite 900, Kansas City, Missouri 64106. The request shall be
forwarded through an appropriate FAA Maintenance Inspector, who may
add comments and then send it to the Manager, Small Airplane
Directorate.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Small Airplane Directorate.
(d) The replacement required by this AD shall be done in
accordance with Dornier 228 Service Bulletin No. SB-228-214, dated
January 28, 1994. This incorporation by reference was approved by
the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Copies may be obtained from Dornier
Luftfahrt GmbH, Product Support, P.O. Box 1103, D-82230 Wessling,
Federal Republic of Germany. Copies may be inspected at the FAA,
Central Region, Office of the Regional Counsel, Room 1558, 601 E.
12th Street, Kansas City, Missouri, or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
Note 3: The subject of this AD is addressed in German AD 94-042
Dornier, dated February 9, 1994.
(e) This amendment becomes effective on June 15, 1998.
Issued in Kansas City, Missouri, on March 5, 1998.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-6452 Filed 3-13-98; 8:45 am]
BILLING CODE 4910-13-U