[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Proposed Rules]
[Pages 12737-12739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6558]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0261; Directorate Identifier 2009-CE-017-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Luftfahrt GmbH Models Dornier 
228-100, Dornier 228-101, Dornier 228-200, Dornier 228-201, Dornier 
228-202, and Dornier 228-212 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    Excessive wear on a guide pin of a power lever has been detected 
during inspections. The total loss of the pin could cause loss of 
the flight idle stop and lead to inadvertent activation of the beta 
mode in flight. The inadvertent activation of beta mode in flight 
can result in loss of control of the airplane.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 24, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0261; 
Directorate Identifier 2009-CE-017-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No.: 2009-0031, dated February 18, 2009 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Excessive wear on a guide pin of a power lever has been detected 
during inspections. The total loss of the pin could cause loss of 
the flight idle stop and lead to inadvertent activation of the beta 
mode in flight. The inadvertent activation of beta mode in flight 
can result in loss of control of the airplane.
    For the reasons described above, this new EASA Airworthiness 
Directive (AD) introduces a repetitive detailed inspection of the 
guide pins of the power and condition levers and requires the 
replacement of the pins that exceed the allowable wear-limits.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    RUAG Aerospace Defence Technology has issued Dornier 228 Alert 
Service Bulletin ASB-228-279, dated December 19, 2008. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA

[[Page 12738]]

policies. Any such differences are highlighted in a NOTE within the 
proposed AD.

Costs of Compliance


    We estimate that this proposed AD will affect 17 products of U.S. 
registry. We also estimate that it would take about 20 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $80 per work-hour. Required parts would cost 
about $10 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $27,370, or $1,610 per product.

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.
    We are 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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The FAA amends Sec.  39.13 by adding the following new AD:

Dornier Luftfahrt GmbH: Docket No. FAA-2009-0261; Directorate 
Identifier 2009-CE-017-AD.

Comments Due Date

    (a) We must receive comments by April 24, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models Dornier 228-100, Dornier 228-101, 
Dornier 228-200, Dornier 228-201, Dornier 228-202, and Dornier 228-
212 airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 76: Engine 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Excessive wear on a guide pin of a power lever has been detected 
during inspections. The total loss of the pin could cause loss of 
the flight idle stop and lead to inadvertent activation of the beta 
mode in flight. The inadvertent activation of beta mode in flight 
can result in loss of control of the airplane.
    For the reasons described above, this new EASA Airworthiness 
Directive (AD) introduces a repetitive detailed inspection of the 
guide pins of the power and condition levers and requires the 
replacement of the pins that exceed the allowable wear-limits.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For throttle box assemblies with less than 12,000 hours 
time-in-service (TIS) since new as of the effective date of this AD: 
inspect the guide pins of the power and condition levers following 
RUAG Aerospace Defence Technology Dornier 228 Alert Service Bulletin 
ASB-228-279, dated December 19, 2008, at the following times:
    (i) Initially within 9,600 hours TIS since new or within the 
next 1,200 hours TIS, whichever occurs later; and
    (ii) Repetitively thereafter within 1,200 hours TIS since any 
previous inspection in which the power and condition levers guide 
pins were not replaced or within 9,600 hours TIS since the previous 
inspection in which the power and condition levers guide pins were 
replaced.

    Note 1: If the hours TIS of the throttle box assembly is 
unknown, use the hours TIS of the airplane to determine the 
compliance time for the inspection.

    (2) For throttle box assemblies with 12,000 hours TIS or more 
and less than 13,200 hours TIS since new as of the effective date of 
this AD: inspect the guide pins of the power and condition levers 
following RUAG Aerospace Defence Technology Dornier 228 Alert 
Service Bulletin ASB-228-279, dated December 19, 2008, at the 
following times:
    (i) Initially within 13,200 hours TIS since new or within the 
next 100 hours TIS, whichever occurs later; and
    (ii) Repetitively thereafter within 1,200 hours TIS since any 
previous inspection in which the power and condition levers guide 
pins were not replaced or within 9,600 hours TIS since the previous 
inspection in which the power and condition levers guide pins were 
replaced.
    (3) For throttle box assemblies with 13,200 hours TIS or more 
since new as of the effective date of this AD: inspect the guide 
pins of the power and condition levers following RUAG Aerospace 
Defence Technology Dornier 228 Alert Service Bulletin ASB-228-279, 
dated December 19, 2008, at the following times:
    (i) Initially within the next 100 hours TIS; and
    (ii) Repetitively thereafter within 1,200 hours TIS since any 
previous inspection in which the power and condition levers guide 
pins were not replaced or within 9,600 hours TIS since the previous 
inspection in which the power and condition levers guide pins were 
replaced.
    (4) For all throttle box assemblies: before further flight after 
any inspection required in paragraph (f)(1), (f)(2), or (f)(3) of 
this AD, replace any guide pin that exceeds the acceptable wear-
limits as defined in RUAG Aerospace Defence Technology Dornier 228 
Alert Service Bulletin ASB-228-279, dated December 19, 2008.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Greg Davison, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4130; fax: (816) 329-4090. Before using 
any approved AMOC on

[[Page 12739]]

any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI EASA AD No.: 2009-0031, dated February 18, 
2009; and RUAG Aerospace Defence Technology Dornier 228 Alert 
Service Bulletin ASB-228-279, dated December 19, 2008, for related 
information.

    Issued in Kansas City, Missouri, on March 19, 2009.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-6558 Filed 3-24-09; 8:45 am]
BILLING CODE 4910-13-P