[Federal Register Volume 66, Number 191 (Tuesday, October 2, 2001)]
[Proposed Rules]
[Pages 50125-50127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24560]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 191 / Tuesday, October 2, 2001 / 
Proposed Rules  

[[Page 50125]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-29-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Luftfahrt GmbH Model 228-212 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to all Dornier Luftfahrt GmbH (Dornier) Model 
228-212 airplanes that have a certain brake assembly installed. This 
proposed AD would require you to inspect the brake housing subassembly 
for cracks, nicks, or corrosion (referred to as damage). This proposed 
AD would also require you to replace damaged brake housing assemblies 
and modify the torque take-out cavity. This proposed AD is the result 
of mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. The actions specified by this 
proposed AD are intended to detect and correct damage to the brake 
housing assembly, which could result in failure of this assembly. Such 
failure could lead to loss of braking action on landing and possible 
loss of control of the airplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before November 7, 2001.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2001-CE-29-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.
    You may get service information that applies to this proposed AD 
from Dornier Luftfahrt GmbH, Customer Support, P.O. Box 1103, D-82230 
Wessling, Federal Republic of Germany; telephone: (08153) 300; 
facsimile: (08153) 304463. You may also view this information at the 
Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This Proposed AD?

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the rule's docket number and submit your comments to the 
address specified under the caption ADDRESSES. We will consider all 
comments received on or before the closing date. We may amend this 
proposed rule in light of comments received. Factual information that 
supports your ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this proposed AD action and determining whether we 
need to take additional rulemaking action.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention to?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed rule that 
might suggest a need to modify the rule. You may view all comments we 
receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
contact we have with the public that concerns the substantive parts of 
this proposed AD.

How Can I Be Sure FAA Receives My Comment?

    If you want FAA to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 2001-CE-29-AD.'' We will date stamp and mail 
the postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified FAA that an unsafe condition may exist 
on all Dornier Model 228-212 airplanes equipped with brake assembly 
part-number 5009850-1, 5009850-2, 5009850-3, or 5009850-4. The LBA 
reports one occurrence of failure of the right-hand main landing gear 
(MLG) brake housing subassembly on one of the above-referenced 
airplanes. Failure of the brake housing assembly resulted in total loss 
of braking power.
    The brake manufacturer, Aircraft Braking Systems Corporation 
(ABSC), has developed a modification to the torque take-out cavity of 
the brake housing assembly. The incorporation of this modification on 
Dornier Model 228-212 airplanes would prevent surface damage from 
developing into fatigue damage.

What Are the Consequences if the Condition Is Not Corrected?

    Damage to the brake housing assembly, if not detected and 
corrected, could result in failure of this assembly. Such failure could 
result in loss of braking action on landing and possible loss of 
control of the airplane.

Is There Service Information That Applies to This Subject?

    Fairchild/Dornier has issued Dornier 228 Service Bulletin No. SB-
228-236, dated January 11, 2001.
    ABSC has issued Service Bulletin Do228-212-32-12, dated November 
15, 2000, and Service Bulletin Do228-212-32-13, dated December 15, 
2000.

What Are the Provisions of This Service Information?

    The ABSC Service Bulletins include procedures for inspecting and 
modifying the brake housing assembilies as specified in the Fairchild/
Dornier Service Bulletin.

What Action Did the LBA Take?

    The LBA classified these service bulletins as mandatory and issued 
German AD Number 2001-164, dated June 14, 2001, in order to ensure the 
continued airworthiness of these airplanes in Germany.

[[Page 50126]]

Was This in Accordance With the Bilateral Airworthiness Agreement?

    This airplane model is manufactured in Germany and is 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 FAA informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of 
This Proposed AD

What Has FAA Decided?

    The FAA has examined the findings of the LBA; reviewed all 
available information, including the service information referenced 
above; and determined that:

--The unsafe condition referenced in this document exists or could 
develop on other Dornier Model 228-212 airplanes of the same type 
design;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes; and
--AD action should be taken in order to correct this unsafe condition.

What Would This Proposed AD Require?

    This proposed AD would require you to inspect the brake housing 
subassembly for cracks, nicks, or corrosion (referred to as damage), 
replace damaged brake housing assemblies, and modify the torque take-
out cavity.

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 1 airplane in the U.S. 
registry.

What Would Be the Cost Impact of This Proposed AD on Owners/Operators 
of the Affected Airplanes?

    We estimate the following costs to accomplish the proposed 
inspection:

------------------------------------------------------------------------
                                                 Total cost   Total cost
          Labor cost              Parts cost        per        on U.S.
                                                  airplane    operators
------------------------------------------------------------------------
10 workhours  x  $60 per hour  No parts                $600         $600
 = $600.                        required for
                                the
                                inspection..
------------------------------------------------------------------------

    You would not need parts or special equipment to accomplish any 
necessary repairs after the proposed inspection. The time necessary to 
accomplish any repairs is included in the inspection labor cost.
    We estimate the following costs to accomplish any necessary 
replacements that would be required based on the results of the 
proposed inspection. We have no way of determining the number of 
airplanes that may need such replacement.

------------------------------------------------------------------------
                                                              Total cost
                  Labor cost                     Parts cost      per
                                                               airplane
------------------------------------------------------------------------
9 workhours  x  $60 per hour = $540...........          $46         $586
------------------------------------------------------------------------

    ABSC will provide labor reimbursement for the modification to the 
torque take-out cavity of the brake housing to the extent noted in 
Service Bulletin Do228-212-13, dated December 15, 2000.

Regulatory Impact

Would This Proposed AD Impact Various Entities?

    The regulations proposed herein would 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. Therefore, it 
is determined that this proposed rule would not have federalism 
implications under Executive Order 13132.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed 
action (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) if 
promulgated, 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 copy of the draft regulatory 
evaluation prepared for this action has been placed in the Rules 
Docket. A copy of it may be obtained by contacting the Rules Docket at 
the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

Dornier Luftfahrt GMBH: Docket No. 2001-CE-29-AD

    (a) What airplanes are affected by this AD? This AD affects 
Model 228-212 airplanes, all serial numbers, that are:
    (1) certificated in any category; and
    (2) equipped with brake assembly part-number 5009850-1, 5009850-
2, 5009850-3, or 5009850-4.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified in 
this AD are intended to detect and correct damage to the brake 
housing assembly, which could result in failure of this assembly. 
Such failure could lead to loss of braking action on landing and 
possible loss of control of the airplane.

[[Page 50127]]

    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

----------------------------------------------------------------------------------------------------------------
               Actions                             Compliance                            Procedures
----------------------------------------------------------------------------------------------------------------
(1) Inspect, using both visual and    Inspect within the next 300 hours     In accordance with Aircraft Braking
 eddy current methods, the brake       time-in-service (TIS) after the       Systems Corporation Service
 housing subassembly for damage        effective date of this AD. Repair     Bulletin Do228-212-32-13, dated
 (cracks, nicks, corrosion, etc.),     or replace prior to further flight.   December 15, 2000, and Aircraft
 and accomplish the following:                                               Braking Systems Corporation Service
                                                                             Bulletin Service Bulletin Do228-212-
                                                                             32-12, dated November 15, 2000, as
                                                                             specified in Fairchild/Dornier
                                                                             Dornier 228 Service Bulletin SB-228-
                                                                             236, issued January 11, 2001.
(i) Replace the brake housing if
 damage is found in the torque take-
 out cavity in the area specified in
 the referenced service information;
 or
(ii) Repair the brake housing if
 damage is found on the walls of the
 torque take-out cavity and the
 width exceeds the maximum limit
 specified in the referenced service
 information.
----------------------------------------------------------------------------------------------------------------
(2) Modify the torque take-out        Prior to further flight after the     In accordance with Aircraft Braking
 cavity of the brake housing           inspection required by paragraph      Systems Corporation Service
 assembly.                             (d)(1) of this AD, and thereafter     Bulletin Do228-212-32-13, dated
                                       prior to the installation of a        December 15, 2000, and Aircraft
                                       brake housing assembly.               Braking Systems Corporation Service
                                                                             Bulletin Service Bulletin Do228-212-
                                                                             32-12, dated November 15, 2000, as
                                                                             specified in Fairchild/Dornier
                                                                             Dornier 228 Service Bulletin SB-228-
                                                                             236, issued January 11, 2001.
----------------------------------------------------------------------------------------------------------------
(3) Do not install any brake housing  As of the effective date of this AD.  Not applicable.
 assembly (or FAA-approved
 equivalent part number) unless it
 has been inspected as required in
 paragraph (d)(1) of this AD and
 modified as required in paragraph
 (d)(2) of this AD
----------------------------------------------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.

    Note 1: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 owner/
operator must request approval for an alternative method of 
compliance in accordance with paragraph (e) 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Karl Schletzbaum, 
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4146; 
facsimile: (816) 329-4090.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate your airplane to a location where you 
can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents referenced in this AD from 
Dornier Luftfahrt GmbH, Customer Support, P.O. Box 1103, D-82230 
Wessling, Federal Republic of Germany; telephone: (08153) 300; 
facsimile: (08153) 304463. You may view these documents at FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri 64106.

    Note 2: The subject of this AD is addressed in German AD Number 
2001-164, dated June 14, 2001.


    Issued in Kansas City, Missouri, on September 24, 2001.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 01-24560 Filed 10-1-01; 8:45 am]
BILLING CODE 4910-13-U