[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Proposed Rules]
[Pages 43815-43818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21011]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-19-AD]
RIN 2120-AA64


Airworthiness Directives; Dornier Luftfahrt GmbH Models 228-100, 
228-101, 228-200, 228-201, 228-202, and 228-212 Airplanes

AGENCY: Federal Aviation Administration, DOT.

[[Page 43816]]


ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain Dornier Luftfahrt GmbH (Dornier) 
Models 228-100, 228-101, 228-200, 228-201, 228-202, and 228-212 
airplanes. The proposed AD would require you to repetitively inspect 
the horizontal stabilizer skin and ribs for damage and cracks and 
repair any damaged skin or cracked ribs. The proposed AD is the result 
of mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Germany. The actions specified by the 
proposed AD are intended to detect and correct damage and fatigue 
cracks in the horizontal stabilizer skin and ribs. This condition could 
cause in-flight separation of the horizontal stabilizer skin with 
consequent loss of control of the airplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before September 21, 2001.

ADDRESSES: Submit comments in triplicate to FAA, Central Region, Office 
of the Regional Counsel, Attention: Rules Docket No. 2001-CE-19-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Comments may be 
inspected at this location between 8 a.m. and 4 p.m., Monday through 
Friday, holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from Fairchild/Dornier, Customer Support, P.O. Box 1103, D-82230 
Wessling, Federal Republic of Germany; telephone: (011) 49 8153 300; 
facsimile: (011) 49 8153 304463. This information also may be examined 
at the Rules Docket at the address above.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

How do I Comment on the Proposed AD?

    The FAA invites comments on this proposed rule. You may submit 
whatever written data, views, or arguments you choose. You need to 
include the rule's docket number and submit your comments in triplicate 
to the address specified under the caption ADDRESSES. The FAA will 
consider all comments received on or before the closing date. We may 
amend the proposed rule in light of comments received. Factual 
information that supports your ideas and suggestions is extremely 
helpful in evaluating the effectiveness of the proposed AD action and 
determining whether we need to take additional rulemaking action.

Are There Any Specific Portions of the Proposed AD I Should Pay 
Attention To?

    The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule that 
might suggest a need to modify the rule. You may examine all comments 
we receive before and after the closing date of the rule in the Rules 
Docket. We will file a report in the Rules Docket that summarizes each 
FAA contact with the public that concerns the substantive parts of the 
proposed AD.
    We are re-examining the writing style we currently use in 
regulatory documents, in response to the Presidential memorandum of 
June 1, 1998. That memorandum requires federal agencies to communicate 
more clearly with the public. We are interested in your comments on 
whether the style of this document is clear, and any other suggestions 
you might have to improve the clarity of FAA communications that affect 
you. You can get more information about the Presidential memorandum and 
the plain language initiative at http://www.plainlanguage.gov.

How Can I Be Sure FAA Receives My Comment?

    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 2001-CE-19-AD.'' We will date stamp and mail 
the postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified the FAA that an unsafe condition may 
exist on certain Dornier Models 228-100, 228-101, 228-200, 228-201, 
228-202, and 228-212 airplanes. The LBA reports two occurrences of 
cracks found around the riveted joints of the leading edge skin and 
ribs of the horizontal stabilizer during an inspection. The LBA reports 
that the cracks are caused by corrosion and material fatigue.

What Are the Consequences if the Condition is not Corrected?

    If this condition is not detected and corrected, in-flight 
separation of the horizontal stabilizer skin could result with 
consequent loss of control of the airplane.

Is There Service Information That Applies to This Subject?

    Dornier has issued Fairchild\Dornier Service Bulletin No. SB-228-
234, dated October 13, 2000.

What are the Provisions of This Service Bulletin?

    The service bulletin includes procedures for:
    --inspecting the horizontal stabilizer ribs for cracks;
    --inspecting the horizontal stabilizer skin for cracks and damage 
around the riveted joints;
    --repairing or replacing any cracked ribs; and
    --repairing any damaged skin.

What Action Did LBA Take?

    The LBA classified this service bulletin as mandatory and issued 
German AD Number 2001-045, dated January 26, 2001, in order to assure 
the continued airworthiness of these airplanes in Germany.

Was This in Accordance With the Bilateral Airworthiness Agreement?

    These airplane models are manufactured in Germany and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the LBA has kept FAA informed of the 
situation described above.

The FAA's Determination and an Explanation of the Provisions of the 
Proposed AD

What has FAA Decided?

    The FAA has examined the findings of the LBA; reviewed all 
available information, including the service information referenced 
above; and determined that:
    --The unsafe condition referenced in this document exists or could 
develop on other Dornier Models 228-100, 228-101, 228-200, 228-201, 
228-202, and 228-212 airplanes of the same type design;
    --The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes; and

[[Page 43817]]

    --AD action should be taken in order to correct this unsafe 
condition.

What Would the Proposed AD Require?

    This proposed AD would require you to incorporate the actions in 
the previously-referenced service information.

Is There a Modification I can Incorporate Instead of Repetitively 
Inspecting the Horizontal Stabilizer Structure?

    The FAA has determined that long-term continued operational safety 
would be better assured by design changes that remove the source of the 
problem rather than by repetitive inspections or other special 
procedures. With this in mind, FAA will continue to work with Dornier 
in collecting information and in performing fatigue analysis to 
determine whether a future design change may be necessary.

Compliance Time of the Proposed AD

What is the Compliance Time of the Proposed AD?

    The compliance time of the proposed AD would be to accomplish the 
initial inspection ``within the next 100 hours time-in-service (TIS) 
after the effective date of this AD'', repetitive inspections at 
``intervals not to exceed 100 hours TIS'', and any necessary repairs or 
replacements ``prior to further flight after the inspection.''

Why is the Initial Inspection Compliance Time of the German AD 
Different From the Initial Inspection Compliance Time in the Proposed 
AD?

    The German AD requires (on Dornier Models 228-100, 228-101, 228-
200, 228-201, 228-202, and 228-212 airplanes registered in Germany) the 
initial inspection within the next 10 flight hours. This is the 
compliance time specified in the service information. We do not have 
justification to require the initial inspection within 10 flight hours. 
We use a compliance time such as this when we have identified an urgent 
safety of flight situation. We believe that 100 hours TIS will give the 
owners/operators of the affected airplanes enough time to have the 
initial inspection and repairs and/or replacements accomplished without 
compromising the safety of the airplanes.
    By accomplishing both the initial inspection and replacement at the 
same time, the owners/operators of the affected airplanes only have 
their airplanes out of service once instead of twice.

Cost Impact

How Many Airplanes Would the Proposed AD Impact?

    We estimate that the proposed AD affects 14 airplanes in the U.S. 
registry.

What Would be the Cost Impact of the Proposed AD on Owners/Operators of 
the Affected Airplanes?

    We estimate the following costs to accomplish the proposed 
inspection:

------------------------------------------------------------------------
                                                 Total cost   Total cost
          Labor cost              Parts cost        per        on U.S.
                                                  airplane    operators
------------------------------------------------------------------------
4 Workhours  x  $60 per hour   No parts               $240.      $3,360.
 = 240.                         required for
                                the inspection.
------------------------------------------------------------------------

    The FAA has no method of determining the number of repetitive 
inspections each owner/operator would incur over the life of each of 
the affected airplanes so the cost impact is based on the initial 
inspection.
    The FAA has no method of determining the number of repairs or 
replacements each owner/operator would incur over the life of each of 
the affected airplanes based on the results of the proposed 
inspections. We have no way of determining the number of airplanes that 
may need such repair. The extent of damage may vary on each airplane.

Regulatory Impact

Would This Proposed AD Impact Various Entities?

    The regulations proposed herein 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. Therefore, it 
is determined that this proposed rule would not have federalism 
implications under Executive Order 13132.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed 
action (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) if 
promulgated, 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. A copy of the draft regulatory 
evaluation prepared for this action has been placed in the Rules 
Docket. A copy of it may be obtained by contacting the Rules Docket at 
the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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.


Sec. 39.13  [Amended]

    2. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

Dornier Luftfahrt GMBH: Docket No. 2001-CE-19-AD.
    (a) What airplanes are affected by this AD? This AD affects the 
following airplane models and serial numbers that are certificated 
in any category;

------------------------------------------------------------------------
                Model                            Serial numbers
------------------------------------------------------------------------
228-101..............................  7003 through 7116, 7167 and 7168.
228-101..............................  7003 through 7116, 7167 and 7168.
228-200..............................  All serial numbers beginning with
                                        8002.
228-201..............................  All serial numbers beginning with
                                        8002.
228-202..............................  All serial numbers beginning with
                                        8002.
228-212..............................  All serial numbers beginning with
                                        8002.
------------------------------------------------------------------------


[[Page 43818]]

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct damage and fatigue cracks 
in the horizontal stabilizer skin and ribs. This condition could 
cause in-flight separation of the horizontal stabilizer skin with 
consequent loss of control of the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
            Actions                   Compliance          Procedures
------------------------------------------------------------------------
(1) Perform the following        Within the next 100  In accordance with
 inspections:                     hours time-in-       the
                                  service (TIS)        ACCOMPLISHMENT
                                  after the            INSTRUCTIONS
                                  effective date of    section of
                                  this AD, and         Fairchild-Dornier
                                  thereafter at        Service Bulletin
                                  intervals not-to-    No. SB228-234,
                                  exceed 100 hours     dated October 13,
                                  TIS.                 2000, and the
                                                       applicable
                                                       aircraft
                                                       maintenance
                                                       manual.
(i) Inspect, using a boroscope
 (or equivalent), the
 horizontal stabilizer ribs for
 cracks.
(ii) Inspect the horizontal
 stabilizer skin for damage
 (cracks and/or loose rivets).
(2) Repair or replace any        Prior to further     In accordance with
 cracked rib and repair any       flight after the     the applicable
 damage to the horizontal         inspection           structural repair
 stabilizer skin found during     required in          manual.
 any inspection required in       paragraph (d)(1)
 paragraph (d)(1) of this AD.     of this AD.
(3) Report any cracks or damage  Upon completion of   In accordance with
 found during the initial         the inspections      the
 inspections required in          required by this     ACCOMPLISHMENTS
 paragraphs (d)(1)(i) and         AD.                  INSTRUCTIONS
 (d)(1)(ii) of this AD to                              section of
 Fairchild/Dornier Customer                            Fairchild/Dornier
 Support, through the FAA.                             Service Bulletin
 Information collection                                No. SB-228-234,
 requirements contained in this                        dated October 13,
 regulation have been approved                         2000. Fill out
 by the Office of Management                           the compliance
 and Budget (OMB) under the                            form. Send it to
 provisions of the Paperwork                           Fairchild/Dornier
 Reduction Act of 1980 (44                             at the address
 U.S.C. 3501 et seq.) and have                         specified in
 been assigned OMB Control                             paragraph (h) of
 Number 2120-0056.                                     this AD and send
                                                       a copy to FAA at
                                                       the address in
                                                       paragraph (f) of
                                                       this AD.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.

    Note 1: This AD applies to each airplane identified in paragraph 
(a) of this AD, regardless of whether it has been modified, altered, 
or repaired in the area subject to the requirements of this AD. For 
airplanes that have been modified, altered, or repaired so that the 
performance of the requirements of this AD is affected, the owner/
operator must request approval for an alternative method of 
compliance in accordance with paragraph (e) of this AD. The request 
should include an assessment of the effect of the modification, 
alteration, or repair on the unsafe condition addressed by this AD; 
and, if you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Karl Schletzbaum, 
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4146; 
facsimile: (816) 329-4090.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may obtain copies of the documents referenced in this AD from 
Fairchild\Dornier, Customer Support, P.O. Box 1103, D-82230 
Wessling, Federal Republic of Germany; telephone: (011) 49 8153 300; 
facsimile: (011) 49 8153 304463. You may examine these documents at 
FAA, Central Region, Office of the Regional Counsel, 901 Locust, 
Room 506, Kansas City, Missouri 64106.

    Note 2: The subject of this AD is addressed in German AD Number 
2001-045, dated January 26, 2001.


    Issued in Kansas City, Missouri, on August 15, 2001.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 01-21011 Filed 8-20-01; 8:45 am]
BILLING CODE 4910-13-U