[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Rules and Regulations]
[Pages 49801-49803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23211]


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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; 
Amendment 39-16030; AD 2009-20-07]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued 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.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective November 3, 2009.
    On November 3, 2009, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on June 25, 2009 (74 FR 
30247). That NPRM proposed 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

[[Page 49802]]

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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This 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 required 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 AD.

Costs of Compliance

    We estimate that this 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 AD. The average labor rate 
is $80 per work-hour.
    Based on these figures, we estimate the cost of this 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 AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD Docket.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-20-07 Dornier Luftfahrt GmbH: Amendment 39-16030; Docket No. 
FAA-2009-0574; Directorate Identifier 2009-CE-028-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
3, 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:

[[Page 49803]]

    (1) Within the next 14 days after November 3, 2009 (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, before 
accumulation of 9,500 total landings on the axle, or before further 
flight if total landings on the axle exceed 9,500 total landings on 
November 3, 2009 (the effective date of this AD), 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.
    (3) 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 1: 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.

    (4) As of November 3, 2009 (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 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 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.

Material Incorporated by Reference

    (i) You must use RUAG Aerospace Defence Technology Dornier 228 
Service Bulletin SB-228-276, dated October 16, 2008, to do the 
actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact RUAG 
Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box 
1253, 82231 Wessling, Federal Republic of Germany, telephone: +49 
(0)8153-30-2280; fax: +49 (0) 8153-30-3030; E-mail: 
[email protected]; Internet: http://www.ruag.com/.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on September 21, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-23211 Filed 9-28-09; 8:45 am]
BILLING CODE 4910-13-P