[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