
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Proposed Rules]
[Pages 34927-34929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12609]



[[Page 34927]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6983; Directorate Identifier 2016-CE-012-AD]
RIN 2120-AA64


Airworthiness Directives; RUAG Aerospace Services 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 
RUAG Aerospace Services GmbH Models 228-100, 228-101, 228-200, 228-201, 
228-202, and 228-212 airplanes that would supersede AD 2009-13-04. 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 the guide pin 
of the power lever or condition lever which could cause functional loss 
of the flight idle stop. 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 July 18, 2016.

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, Federal Republic of Germany, telephone: +49 (0) 
8153-30-2280; fax: +49 (0) 8153-30-3030; email: 
custsupport.dorner228@ruag.com; Internet: http://www.ruag.com/. 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 Docket No. FAA-2016-
6983; 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: 
karl.schletzbaum@faa.gov.

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-2016-6983; 
Directorate Identifier 2016-CE-012-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, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On June 10, 2009, we issued AD 2009-13-04, Amendment 39-15943 (74 
FR 29116; June 19, 2009) (``AD 2009-13-04''). AD 2009-13-04 required 
actions intended to address an unsafe condition on RUAG Aerospace 
Services GmbH Models 228-100, 228-101, 228-200, 228-201, 228-202, and 
228-212 airplanes and was based on mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country.
    Since we issued AD 2009-13-04, further analysis has determined that 
the inspection interval in cases of no pin replacement can be extended.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
AD No.: 2009-0031R1, dated March 29, 2016 (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 was detected 
during inspections. The failure of a power lever or condition lever 
guide pin could cause functional loss of the flight idle stop. This 
condition, if not corrected, could lead to inadvertent activation of 
the beta mode in flight, possibly resulting in loss of control of 
the aeroplane.
    Prompted by this finding, RUAG issued Alert Service Bulletin 
(ASB) ASB-228-279 to provide inspection instructions. Consequently, 
EASA issued AD 2009-0031 to require repetitive detailed inspections 
of the guide pins of the power levers and condition levers, and 
replacement of any pin that exceeds the allowable wear-limits.
    Since that AD was issued, further analysis has determined that 
the inspection interval, in case of no pin replacement, can be 
extended and RUAG published Revision 1 of ASB-228-279, which also 
included landings (expressed in this AD as flight cycles--FC) as a 
determining factor.
    For the reason described above, this AD revises EASA AD 2009-
0031, amending the compliance times without changing the technical 
requirements, and also introducing some editorial changes for 
standardization.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2016-6983.

Related Service Information Under 1 CFR Part 51

    RUAG Aerospace Services GmbH has issued Dornier 228 Alert Service 
Bulletin No. ASB-228-279, revision 1, dated September 22, 2015. The 
service information describes procedures for repetitive inspections of 
the guide pins of the power and condition levers and replacement of 
those pins if necessary. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section of this NPRM.

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

[[Page 34928]]

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 will affect 18 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 $85 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 $30,780, or $1,710 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),
    (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 removing Amendment 39-15943 (74 FR 
29116; June 19, 2009), and adding the following new AD:

RUAG Aerospace Services GmbH: Docket No. FAA-2016-6983; Directorate 
Identifier 2016-CE-012-AD.

(a) Comments Due Date

    We must receive comments by July 18, 2016.

(b) Affected ADs

    This AD replaces 2009-13-04, Amendment 39-15943 (74 FR 29116; 
June 19, 2009) (``AD 2009-13-04'').

(c) Applicability

    This AD applies to RUAG Aerospace Services GmbH Models 228-100, 
228-101, 228-200, 228-201, 228-202, and 228-212 airplanes, all 
serial numbers, certificated in any category.

(d) Subject

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

(e) Reason

    This 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 the guide pin of the power lever or condition lever which could 
cause functional loss of the flight idle stop. 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, resulting in possible loss of 
control. We are issuing this proposed AD to amend the compliance 
times of the guide pin inspections.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) through (f)(4) of this AD based on a compliance time of hours 
time-in-service (TIS) or flight cycles, whichever occurs first:
    (1) For throttle box assemblies with less than 9,600 hours TIS 
or 9,600 flight cycles since installed: Inspect the guide pins of 
the power and condition levers for excessive wear following the 
Accomplishment Instructions in paragraph 2 of Dornier 228 Alert 
Service Bulletin No. ASB-228-279, revision 1, dated September 22, 
2015, at the following times:
    (i) Initially unless already done within the last 1,200 hours 
TIS or 1,200 flight cycles as of July 24, 2009 (the effective date 
retained from AD 2009-13-04), upon accumulating 9,600 hours TIS or 
9,600 flight cycles, or within the next 100 hours TIS or 100 flight 
cycles after July 24, 2009 (the effective date retained from AD 
2009-13-04), whichever occurs later, inspect the guide pins of the 
power and condition levers for excessive wear; and
    (ii) Repetitively thereafter within 4,800 hours TIS or 4,800 
flight cycles since any previous inspection in which the power and 
condition levers guide pins were not replaced or within 9,600 hours 
TIS or 9,600 flight cycles, whichever occurs first since the 
previous inspection in which the power and condition levers guide 
pins were replaced.
    (2) For throttle box assemblies with 9,600 hours TIS or 9,600 
flight cycles or more but less than 13,200 hours TIS or 13,200 
flight cycles since installed: Inspect the guide pins of the power 
and condition levers for excessive wear within the next 1,200 hours 
TIS or 1,200 flight cycles after July 24, 2009 (the effective date 
retained from AD 2009-13-04) following the Accomplishment 
Instructions in paragraph 2 of Dornier 228 Alert Service Bulletin 
No. ASB-228-279, revision 1, dated September 22, 2015; and
    (i) Repetitively inspect the guide pins of the power and 
condition levers for excessive wear thereafter within 4,800 hours 
TIS or 4,800 flight cycles since any previous inspection in which 
the power and condition levers guide pins were not replaced; or
    (ii) Repetitively inspect the guide pins of the power and 
condition levers for excessive wear within 9,600 hours TIS or 9,600 
flight cycles, whichever occurs first, 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 13,200 
flight cycles or more since installed: Within 100 hours TIS or 
flight cycles after July 24, 2009 (the effective date retained from 
AD 2009-13-04) inspect the guide pins of the power and condition 
levers for excessive wear following the Accomplishment Instructions 
in paragraph 2 of Dornier 228 Alert Service Bulletin No. ASB-228-
279, revision 1, dated September 22, 2015, at the following times:
    (i) Initially within the next 100 hours TIS or 100 flight cycles 
after July 24, 2009 (the effective date retained from AD 2009-13-
04); and
    (ii) Repetitively thereafter within 4,800 hours TIS or 4,800 
flight cycles since any previous inspection in which the power and 
condition levers guide pins were not replaced or within 9,600 hours 
TIS or 9,600 flight cycles since the previous inspection in which 
the power and condition levers guide pins were replaced.

[[Page 34929]]

    (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 paragraph 4.1 of Dornier 228 Alert Service 
Bulletin No. ASB-228-279, revision 1, dated September 22, 2015.
    Note 1 to paragraph (f)(1), (f)(2) and (f)(3) of this AD: If the 
flight cycles or hours TIS of the throttle box assembly is unknown, 
use the hours TIS of the airplane to determine the compliance time 
for the inspection.

(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: karl.schletzbaum@faa.gov. 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 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.: 
2009-0031R1, dated March 29, 2016, for related information. You may 
examine the MCAI on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2016-6983. For service 
information related to 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; email: custsupport.dorner228@ruag.com; 
Internet: http://www.ruag.com/. 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 May 20, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-12609 Filed 5-31-16; 8:45 am]
 BILLING CODE 4910-13-P


