Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Proposed Rules 30247 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 777 

series airplanes, certificated in any category, 

as identified in Boeing Alert Service Bulletin 

777–53A0054, dated August 7, 2008. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Unsafe Condition 

(e) This AD results from reports of scribe 

lines found at lap joints and butt joints, 

around external doublers, and at locations 

where external decals had been cut. We are 

issuing this AD to detect and correct scribe 

lines, which can develop into fatigue cracks 

in the skin. Undetected fatigue cracks can 

grow and cause sudden decompression of the 

airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspection 

(g) At the applicable times specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 777–53A0054, dated 

August 7, 2008, except as provided in 

paragraphs (h) and (j) of this AD, do detailed 

exploratory inspections for scribe lines in the 

skin along lap joints, butt joints, certain 

external doublers, and the large cargo door 

hinges. Do all applicable related investigative 

and corrective actions at the times specified 

in the service bulletin, by accomplishing all 

actions specified in the Accomplishment 

Instructions of the service bulletin, except as 

provided by paragraph (i) of this AD. 

Note 1: The inspection exemptions 

described in NOTES 1.–5. in paragraph 1.E. 

of Boeing Alert Service Bulletin 777– 

53A0054, dated August 7, 2008, apply to this 

AD. 

Exceptions to Service Bulletin Specifications 

(h) Where Boeing Alert Service Bulletin 

777–53A0054, dated August 7, 2008, 

specifies a compliance time after the date on 

the service bulletin, this AD requires 

compliance within the specified compliance 

time after the effective date of this AD. 

(i) Where Boeing Alert Service Bulletin 

777–53A0054, dated August 7, 2008, 

specifies to contact Boeing for appropriate 

action, accomplish applicable actions using a 

method approved in accordance with the 

procedures specified in paragraph (l) of this 

AD. 

(j) Where paragraph 1.E. of Boeing Alert 

Service Bulletin 777–53A0054, dated August 

7, 2008, specifies to ‘‘contact Boeing for 

inspection requirements for operation 

beyond 60,000 total flight-cycles after first 

repaint,’’ for those airplanes, this AD requires 

contacting the Manager, Seattle Aircraft 

Certification Office (ACO), for all inspection 

requirements of this AD. 

Report 

(k) At the applicable time specified in 

paragraph (k)(1) or (k)(2) of this AD: Submit 

a report of the findings (both positive and 

negative) of the inspections required by 

paragraph (g) of this AD. You may use 

Appendix B of Boeing Alert Service Bulletin 

777–53A0054, dated August 7, 2008. Send 

the report to Boeing Commercial Airplanes, 

P.O. Box 3707, Seattle, Washington 98124– 

2207. The report must contain, at a 

minimum, the inspection results, a 

description of any discrepancies found, the 

airplane serial number, and the number of 

flight cycles and flight hours on the airplane. 

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 contained in this AD and has 

assigned OMB Control Number 2120–0056. 

(1) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 30 days after the inspection. 

(2) If the inspection was done before the 

effective date of this AD: Submit the report 

within 30 days after the effective date of this 

AD. 

Alternative Methods of Compliance 

(AMOCs) 

(l)(1) The Manager, Seattle ACO, 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: 

Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 917–6577; fax (425) 

917–6590. Or, e-mail information to 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane and the 

approval must specifically refer to this AD. 

Issued in Renton, Washington, on June 17, 

2009. 

Dorr M. Anderson, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–14991 Filed 6–24–09; 8:45 am] 

BILLING CODE 4910–13–P 

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). 

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. 


sroberts on PROD1PC70 with PROPOSALS
30248 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Proposed Rules 

• 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: 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Proposed Rules 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. 

§ 39.13 [Amended] 

2. The FAA amends § 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 FAAapproved 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 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 1 and 31 

[REG–146893–02, REG–115037–00, REG– 

138603–03] 

RIN 1545–BI78, 1545–BI80, 1545–BI79 

Treatment of Services Under Section 

482; Allocation of Income and 

Deductions From Intangibles; 

Stewardship Expense; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to a notice of 

proposed rulemaking. 

SUMMARY: This document contains a 

correction to a notice of proposed 

rulemaking (REG–146893–02, REG– 

115037–00, and REG–138603–03) that 

was published in the Federal Register, 

on Friday, August 4, 2006 (71 FR 44247) 

providing guidance regarding the 

treatment of controlled services 

transactions under section 482 and the 

allocation of income from intangibles, in 

particular with respect to contributions 


sroberts on PROD1PC70 with PROPOSALS