[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Proposed Rules]
[Pages 12574-12576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4850]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / 
Proposed Rules  

[[Page 12574]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27295; Directorate Identifier 2007-CE-013-AD]
RIN 2120-AA64


Airworthiness Directives; DORNIER LUFTFAHRT GmbH Models Dornier 
228-100, Dornier 228-101, Dornier 228-200, Dornier 228-201, Dornier 
228-202, and Dornier 228-212 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 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:

    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.

    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 April 16, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.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) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzabaum, 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. This 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 proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

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-2007-
27295; Directorate Identifier 2007-CE-013-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://dms.dot.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: 2007-0028, dated February 5, 2007 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The 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.
    The MCAI requires:
    Since an unsafe condition has been identified that may exist or 
develop on other aircraft of the 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.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    DORNIER LUFTFAHRT GmbH has issued Dornier 228 RUAG Alert Service 
Bulletin No. ASB-228-266, dated December 1, 2006. 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

[[Page 12575]]

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

    Based on the service information, we estimate that this proposed AD 
would affect about 19 products of U.S. registry. We also estimate that 
it would take about 6 work-hours 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 $9,120, or $480 per product.
    In addition, this proposed AD may require follow-on actions. 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 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); 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, 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

DORNIER LUFTFAHRT GmbH: Docket No. FAA-2007-27295; Directorate 
Identifier 2007-CE-013-AD.

Comments Due Date

    (a) We must receive comments by April 16, 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.

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: [email protected] 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,

[[Page 12576]]

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.

    Issued in Kansas City, Missouri, on March 9, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-4850 Filed 3-15-07; 8:45 am]
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