[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Proposed Rules]
[Pages 30247-30249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14994]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0574; Directorate Identifier 2009-CE-028-AD]
RIN 2120-AA64


Airworthiness Directives; DORNIER LUFTFAHRT GmbH Models 228-100, 
228-101, 228-200, 228-201, and 228-202 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:

    A stub axle failure of the main landing gear on a Dornier 228-
200 aeroplane was reported to RUAG Aerospace. Investigations 
revealed that the fracture of the axle--manufacturer Part Number (P/
N) A-511000B28B was due to fatigue. Already in the year 1993 two 
failures of P/N A-511000B28B axles occurred. Those events led in 
1994 the Luftfahrt-Bundesamt--Germany's National Aviation 
Authority--to publish Airworthiness Directive (AD) D-1994-042 to 
mandate the replacement of A-511000B28B axles by improved-design 
axle with P/N A-511000C28B (Dornier Luftfahrt GmbH Service bulletin 
228-214).
    It is believed that a misinterpretation of the Dornier 228 
repair/maintenance documentation caused inadvertent installation of 
A-511000B28B axle on the accident aeroplane's main landing gear with 
P/N A-511000C00F. This configuration was not approved for 
installation and was therefore not addressed by LBA AD D-1994-042 or 
Dornier SB-228-214.
    The actions specified in this Airworthiness Directive are 
intended to prevent main landing gear failure, which could result in 
loss of control of the aeroplane during landing operations.

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 July 27, 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.

[[Page 30248]]

     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-2009-0574; 
Directorate Identifier 2009-CE-028-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 EASA 
AD No.: 2009-0062, dated March 13, 2009 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    A stub axle failure of the main landing gear on a Dornier 228-
200 aeroplane was reported to RUAG Aerospace. Investigations 
revealed that the fracture of the axle--manufacturer Part Number (P/
N) A-511000B28B was due to fatigue. Already in the year 1993 two 
failures of P/N A-511000B28B axles occurred. Those events led in 
1994 the Luftfahrt-Bundesamt--Germany's National Aviation 
Authority--to publish Airworthiness Directive (AD) D-1994-042 to 
mandate the replacement of A-511000B28B axles by improved-design 
axle with P/N A-511000C28B (Dornier Luftfahrt GmbH Service bulletin 
228-214).
    It is believed that a misinterpretation of the Dornier 228 
repair/maintenance documentation caused inadvertent installation of 
A-511000B28B axle on the accident aeroplane's main landing gear with 
P/N A-511000C00F. This configuration was not approved for 
installation and was therefore not addressed by LBA AD D-1994-042 or 
Dornier SB-228-214.
    The actions specified in this Airworthiness Directive are 
intended to prevent main landing gear failure, which could result in 
loss of control of the aeroplane during landing operations.

    The MCAI requires inspection of the main landing gear (MLG) and, if 
applicable, replacement of the MLG stub axle. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    RUAG Aerospace Defence Technology has issued Dornier 228 Service 
Bulletin SB-228-276, dated October 16, 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 policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 15 products of U.S. 
registry. We also estimate that it would take about 1 work-hour per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $1,200 or $80 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 16 work-hours and require parts costing $23,734, for a cost 
of $25,014 per product. We have no way of determining the number of 
products that may need these actions.

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:

[[Page 30249]]

    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-2009-0574; Directorate 
Identifier 2009-CE-028-AD.

Comments Due Date

    (a) We must receive comments by July 27, 2009.

Affected ADs

    (b) None.

Applicability

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

Subject

    (d) Air Transport Association of America (ATA) Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    A stub axle failure of the main landing gear on a Dornier 228-
200 aeroplane was reported to RUAG Aerospace. Investigations 
revealed that the fracture of the axle--manufacturer Part Number (P/
N) A-511000B28B was due to fatigue. Already in the year 1993 two 
failures of P/N A-511000B28B axles occurred. Those events led in 
1994 the Luftfahrt-Bundesamt--Germany's National Aviation 
Authority--to publish Airworthiness Directive (AD) D-1994-042 to 
mandate the replacement of A-511000B28B axles by improved-design 
axle with P/N A-511000C28B (Dornier Luftfahrt GmbH Service bulletin 
228-214).
    It is believed that a misinterpretation of the Dornier 228 
repair/maintenance documentation caused inadvertent installation of 
A-511000B28B axle on the accident aeroplane's main landing gear with 
P/N A-511000C00F. This configuration was not approved for 
installation and was therefore not addressed by LBA AD D-1994-042 or 
Dornier SB-228-214.
    The actions specified in this Airworthiness Directive are 
intended to prevent main landing gear failure, which could result in 
loss of control of the aeroplane during landing operations.

The MCAI requires inspection of the main landing gear (MLG) and, if 
applicable, replacement of the MLG stub axle.

Actions and Compliance

    (f) Unless already done, do the following actions following RUAG 
Aerospace Defence Technology Dornier 228 Service Bulletin SB-228-
276, dated October 16, 2008:
    (1) Within the next 14 days after the effective date of this AD, 
inspect the main landing gear (MLG) stub axle.
    (2) If any P/N A-511000B28B stub axle is found, upon 
accumulation of 9,500 total landings on the axle or before further 
flight after the effective date of this AD, whichever occurs later, 
replace the axle or the housing assembly with a new axle P/N A-
511000C28B. If the total number of landings accumulated by the stub 
axle cannot be positively determined, the stub axle must be 
considered to have accumulated more than 9,500 total landings.

    Note 1: Operators that do not have landing (or cycle) records 
may determine the number of landings (or cycles) by dividing the 
number of hours time-in-service of each airplane by the time of the 
average flight for the aircraft of that type in the operator's 
fleet.


    Note 2: P/N A-511000C28B axle together with the housings P/N A-
511000C27B and P/N A-521000C27B form the Axle Assemblies P/N 
AD511010A00C and P/N AD521010A00C, which are life limited to 48,000 
landings per the Dornier 228 Time Limits/Maintenance Checks Manual 
(TLMCM) Chapter 05-10-10.

    (3) As of the effective date of this AD, do not install MLG 
assemblies P/N A-511000C00F and P/N A-521000C00F fitted with a P/N 
A-511000B28B stub axle on any airplane.

FAA AD Differences

    Note 3:  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 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 EASA AD No.: 2009-0062, dated March 13, 2009; and 
RUAG Aerospace Defence Technology Dornier 228 Service Bulletin SB-
228-276, dated October 16, 2008, for related information.

    Issued in Kansas City, Missouri, on June 19, 2009.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-14994 Filed 6-24-09; 8:45 am]
BILLING CODE 4910-13-P