AD 2007-11-03

[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Rules and Regulations]
[Pages 28591-28592]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-9600]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27295 Directorate Identifier 2007-CE-013-AD; 
Amendment 39-15060; AD 2007-11-03]
RIN 2120-AA64


Airworthiness Directives; Dornier Luftfahrt GmbH Model 228 Series 
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:

    During a maintenance inspection, cracks were found on the centre 
section of fuselage frame 19. The investigation on the root cause is 
still in progress. Fuselage frame 19 supports the rear side of the 
main landing gear (MLG). This condition, if not corrected, could 
cause collapse of frame 19, leading to subsequent collapse of a MLG.

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

DATES: This AD becomes effective June 26, 2007.
    On June 26, 2007, 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 <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. The streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

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 March 16, 2007 (72 
FR 12574). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states that:

    During a maintenance inspection, cracks were found on the centre 
section of fuselage frame 19. The investigation on the root cause is 
still in progress. Fuselage frame 19 supports the rear side of the 
main landing gear (MLG). This condition, if not corrected, could 
cause collapse of frame 19, leading to subsequent collapse of a MLG. 
Since an unsafe condition has been identified that may exist or 
develop on other aircraft of this type design, this Airworthiness 
Directive (AD) requires a visual inspection of the affected fuselage 
frame and, if discrepancies are found, reporting the results to the 
TC holder. This is considered to be an interim action.

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 19 products of U.S. registry. 
We also estimate that it will take about 6 work-hours per product to 
comply with 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 to the U.S. 
operators to be $9,120 or $480 per product.
    In addition, this AD may require follow-on actions. Because each 
follow-on action is based on the damage found on the affected airplane, 
we have no way of determining the cost of those follow-on actions or 
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.

[[Page 28592]]

    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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>; 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) 647-5227) 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:

2007-11-03 Dornier Luftfahrt GmbH: Amendment 39-15060; Docket No. 
FAA-2007-27295; Directorate Identifier 2007-CE-013-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 26, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dornier 228-100, Dornier 228-101, Dornier 
228-200, Dornier 228-201, Dornier 228-202, and Dornier 228-212 
airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 53: 
Fuselage.

Reason

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

    During a maintenance inspection, cracks were found on the centre 
section of fuselage frame 19. The investigation on the root cause is 
still in progress. Fuselage frame 19 supports the rear side of the 
main landing gear (MLG). This condition, if not corrected, could 
cause collapse of frame 19, leading to subsequent collapse of a MLG. 
Since an unsafe condition has been identified that may exist or 
develop on other aircraft of this type design, this Airworthiness 
Directive (AD) requires a visual inspection of the affected fuselage 
frame and, if discrepancies are found, reporting the results to the 
TC holder. This is considered to be an interim action.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For all airplanes, within 25 hours time-in-service (TIS) 
after the effective date of this AD, visually inspect the affected 
fuselage frame 19 using the instructions in Dornier 228 RUAG Alert 
Service Bulletin No. ASB-228-266, dated December 1, 2006.
    (2) If any crack is found during the inspection required in 
paragraph (f)(1) of this AD, before further flight, 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; e-mail: <a href="/cdn-cgi/l/email-protection#ee8d9b9d9a81838b9c9d9b9e9e819c9ac08a819c80878b9cdcdcd6ae9c9b8f89c08d8183"><span class="__cf_email__" data-cfemail="a6c5d3d5d2c9cbc3d4d5d3d6d6c9d4d288c2c9d4c8cfc3d494949ee6d4d3c7c188c5c9cb">[email&#160;protected]</span></a> for 
FAA-approved repair instructions and incorporate the repair on the 
airplane.

    Note 1: This is considered interim action. The State of Design 
and DORNIER LUFTFAHRT GmbH are looking at a possible repetitive 
inspection program and/or modification program to address this 
condition for the long-term. In the meantime, the FAA recommends 
that you incorporate the above inspection into your regular 
maintenance program.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The MCAI requires different compliance times for airplanes 
operated in different conditions. The FAA is not able to enforce 
compliance times based on airplane operations since there is no way 
of determining the amount of operations in different conditions. To 
ensure the unsafe condition is addressed adequately and timely, we 
are requiring the inspection for all airplanes at 25 hours TIS.
    (2) The MCAI allows flight with known cracks provided they do 
not exceed a certain limit. FAA policy does not allow flight with 
cracks in primary structure. Since the fuselage is considered 
primary structure, we are mandating repair before further flight 
after any crack is found.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, ATTN: Karl Schletzabaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. 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 European Aviation Safety Agency (EASA) AD No: 2007-
0028, dated February 5, 2007; and Dornier 228 RUAG Alert Service 
Bulletin No. ASB-228-266, dated December 1, 2006, for related 
information.

Material Incorporated by Reference

    (i) You must use Dornier 228 RUAG Alert Service Bulletin No. 
ASB-228-266, dated December 1, 2006, 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, D-82231 Wessling, Federal Republic of Germany; telephone: 49 
8153 302280.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Kansas City, Missouri, on May 11, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-9600 Filed 5-21-07; 8:45 am]
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