[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Proposed Rules]
[Pages 69320-69322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27665]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0962; Directorate Identifier 2013-CE-028-AD]
RIN 2120-AA64


Airworthiness Directives; DORNIER LUFTFAHRT GmbH 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 all 
DORNIER LUFTFAHRT GmbH Model 228-212 airplanes. 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 main landing gear axle failure caused by 
initial fatigue cracking and small pre-damage by corrosion. We are 
issuing this proposed AD to require actions to address the unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by January 3, 2014.

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.
    For service information identified in this proposed AD, contact 
RUAG Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box 
1253, 82231 Wessling, Germany; telephone: +49-(0)8153-30-2280; fax: 
+49-(0)8153-30-3030. You may review copies of the referenced service 
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas 
City, Missouri 64106. For information on the availability of this 
material at the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-0962; 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: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; fax: (816) 329-4090; email: 
[email protected].

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-2013-0962; 
Directorate Identifier 2013-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://regulations.gov in Docket No. FAA-2013-0962, 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.: 2013-0209, dated September 10, 2013 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

An event of a main landing gear (MLG) axle break during touchdown 
has been reported. The results of the subsequent technical 
investigation indicated that improper restoration of corrosion 
protection was the likely cause of the initial fatigue cracking.
    This condition, if not detected and corrected, could lead to 
failure of the main landing gear axle, possibly resulting in a 
runway excursion with consequent damage to the aeroplane and injury 
to the occupants.
    To address this potential unsafe condition, RUAG Aerospace 
Services GmbH issued Service Bulletin (SB) SB-228-300, Rev. 1.
    For the reason described above, this AD requires a one-time 
inspection of the MLG axle and, depending on findings, 
accomplishment of applicable corrective actions.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-0962.

Relevant Service Information

    RUAG Aerospace Services GmbH has issued Dornier 228 Service 
Bulletin No. SB-228-300, Revision 1, dated April 25, 2013. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

[[Page 69321]]

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.

Costs of Compliance

    We estimate that this proposed AD would affect 2 products of U.S. 
registry. We also estimate that it would take about 160 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $27,200, or $13,600 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 proposed 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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

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:

Dornier Luftfahrt GmbH: Docket No. FAA-2013-0962; Directorate 
Identifier 2013-CE-028-AD.

(a) Comments Due Date

    We must receive comments by January 3, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to DORNIER LUFTFAHRT GmbH 228-212 airplanes, all 
serial numbers, certificated in any category.

(d) Subject

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

(e) Reason

    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. This AD was prompted by a report of a main landing gear 
axle failure caused by initial fatigue cracking and detection of 
small pre-damage by corrosion. We are issuing this AD to detect and 
correct possible corrosion and cracking of the MLG axle, which could 
lead to failure of the MLG axle resulting in a runway excursion with 
consequent damage to the airplane and injury to the occupants.

(f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) through 
(f)(2) of this AD:
    (1) Inspect the MLG axle following the Accomplishment 
Instructions in RUAG Aerospace Services GmbH Dornier 228 Service 
Bulletin No. SB-228-300, Revision 1, dated April 25, 2013, at the 
time specified in paragraphs (f)(1)(i) or (f)(1)(ii) of this AD.
    (i) If, as of the effective date of this AD, the main landing 
gear (MLG) has 6,000 or more hours time-in-service (TIS) since new 
or is more than 10 years old: Within the next 400 hours TIS after 
the effective date of this AD or within the next 6 months after the 
effective date of this AD, whichever occurs first.
    (ii) If, as of the effective date of this AD, the MLG has less 
than 6,000 hours TIS since new or is between 5 to 10 years old: 
Before or upon accumulating 6,400 hours TIS or within 6 months after 
the effective date of this AD, whichever occurs first.
    (2) If, during the inspections required in paragraph (f)(1) of 
this AD, any discrepancies are found outside the limits as specified 
in RUAG Aerospace Services GmbH Dornier 228 Service Bulletin No. SB-
228-300, Revision 1, dated April 25, 2013, before further flight, 
make all necessary corrective actions following the Accomplishment 
Instructions in RUAG Aerospace Services GmbH Dornier 228 Service 
Bulletin No. SB-228-300, Revision 1, dated April 25, 2013.

(g) Other FAA AD Provisions

    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: Karl Schletzbaum, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; fax: (816) 329-4090; 
email: [email protected]. 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, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection

[[Page 69322]]

of information are mandatory. Comments concerning the accuracy of 
this burden and suggestions for reducing the burden should be 
directed to the FAA at: 800 Independence Ave. SW., Washington, DC 
20591, Attn: Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2013-0209, dated September 10, 2013, for related information. You 
may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2013-0962. For 
service information related to this AD, contact RUAG Aerospace 
Services GmbH, Dornier 228 Customer Support, P.O. Box 1253, 82231 
Wessling, Germany; telephone: +49-(0)8153-30-2280; fax: +49-(0)8153-
30-3030. You may review copies of the referenced service information 
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, 
Missouri 64106. For information on the availability of this material 
at the FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on November 5, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-27665 Filed 11-18-13; 8:45 am]
BILLING CODE 4910-13-P