[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Rules and Regulations]
[Pages 66730-66732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31297]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-29-AD; Amendment 39-12562; AD 2001-25-09]
RIN 2120-AA64


Airworthiness Directives; Dornier Luftfahrt GmbH Model 228-212 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to all Dornier Luftfahrt GmbH (Dornier) Model 228-212 airplanes 
that have a certain brake assembly installed. This AD requires you to 
inspect the brake housing subassembly for cracks, nicks, or corrosion 
(referred to as damage). This AD also requires you to replace damaged 
brake housing assemblies and modify the torque take-out cavity. This AD 
is the result of mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for Germany. The actions 
specified by 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.

DATES: This AD becomes effective on January 18, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
January 18, 2002.

ADDRESSES: You may get the service information 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 this information at the Federal 
Aviation Administration (FAA), Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 2001-CE-29-AD, 901 Locust, Room 
506, Kansas City, Missouri 64106; or at the Office of

[[Page 66731]]

the Federal Register, 800 North Capitol Street, NW, suite 700, 
Washington, DC.

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:

Discussion

    What events have caused this 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 is the potential impact if FAA took no action? 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.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all Dornier Model 228-212 airplanes 
that have a certain brake assembly installed. This proposal was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on October 2, 2001 (66 FR 50125). The NPRM proposed to 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.
    Was the public invited to comment? The FAA encouraged interested 
persons to participate in the making of this amendment. We did not 
receive any comments on the proposed rule or on our determination of 
the cost to the public.

FAA's Determination

    What is FAA's final determination on this issue? After careful 
review of all available information related to the subject presented 
above, we have determined that air safety and the public interest 
require the adoption of the rule as proposed except for minor editorial 
corrections. We have determined that these minor corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Cost Impact

    How many airplanes does this AD impact? We estimate that this AD 
affects 1 airplane in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplane? We estimate the following costs to accomplish the 
inspection:

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

    You will not need parts or special equipment to accomplish any 
necessary repairs after the 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 will be required based on the results of the 
inspection. We have no way of determining the number of airplanes that 
may need such replacements.

------------------------------------------------------------------------
                                                          Total cost per
               Labor cost                   Parts cost       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

    Does this AD impact various entities? The regulations adopted 
herein 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. Therefore, it is determined that this final rule does not 
have federalism implications under Executive Order 13132.
    Does this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this 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) 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 final evaluation prepared for this action is contained 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under 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.

[[Page 66732]]

Sec. 39.13  [Amended]

    2. FAA amends Sec. 39.13 by adding a new AD to read as follows:

2001-25-09  Dornier Luftfahrt GMBH: Amendment 39-12562; 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 by 
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.
    (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    Inspect within the  In accordance with
 and eddy current methods, the     next 300 hours      Aircraft Braking
 brake housing subassembly for     time-in-service     Systems
 damage (cracks, nicks,            (TIS) after         Corporation
 corrosion, etc.), and             January 18, 2002,   Service Bulletin
 accomplish the following:         the effective       Do228-212-32-13,
(i) Replace the brake housing if   date of this AD.    dated December
 damage is found in the torque     Repair or replace   15, 2000, and
 take-out cavity in the area       prior to further    Aircraft Braking
 specified in the referenced       flight.             Systems
 service information; or.                              Corporation
(ii) Repair the brake housing if                       Service Bulletin
 damage is found on the walls of                       Do228-212-32-12,
 the torque take-out cavity and                        dated November
 the width exceeds the maximum                         15, 2000, as
 limit specified in the                                specified in
 referenced service information.                       Fairchild/Dornier
                                                       Dornier 228
                                                       Service Bulletin
                                                       SB-228-236,
                                                       issued January
                                                       11, 2001.
(2) Modify the torque take-out    Prior to further    In accordance with
 cavity of the brake housing       flight after the    Aircraft Braking
 assembly.                         inspection          System
                                   required by         Corporation
                                   paragraph (d)(1)    Service Bulletin
                                   of this AD, and     Do228-212-32-13,
                                   thereafter prior    dated December
                                   to the              15, 2000, and
                                   installation of a   Aircraft Braking
                                   brake housing       Systems
                                   subassembly.        Corporation
                                                       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      As of January 18,   Not applicable.
 housing assembly (or FAA-         2002, the
 approved equivalent part          effective date of
 number) unless it has been        this AD.
 inspected as required in
 paragraph (d)(1) of this AD, is
 damage free or repaired as
 required in paragraph
 (d)(1)(ii) 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 
sections 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) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Aircraft Braking Systems Corporation Service Bulletin Do228-
212-32-13, dated December 15, 2000, Aircraft Braking Systems 
Corporation Service Bulletin Do228-212-32-12, dated November 15, 
2000, and Fairchild/Dornier Dornier 228 Service Bulletin SB-228-236, 
issued January 11, 2001. The Director of the Federal Register 
approved this incorporation by reference under 5 U.S.C. 552(a) and 1 
CFR part 51. You can get copies from Dornier Luftfahrt GmbH, 
Customer Support, P.O. Box 1103, D-82230 Wessling, Federal Republic 
of Germany. You can look at copies at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, 
Missouri, or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

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

    (i) When does this amendment become effective? This amendment 
becomes effective on January 18, 2002.

    Issued in Kansas City, Missouri, on December 11, 2001.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 01-31297 Filed 12-26-01; 8:45 am]
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