[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Rules and Regulations]
[Pages 21220-21222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7806]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0197 Directorate Identifier 2008-CE-005-AD; 
Amendment 39-15467; AD 2008-08-15]
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 (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:

    The manufacturer reported findings of missing primer on the 
internal of the elevator and rudder of aircraft S/N 8200. The 
aircraft S/N 8200 was with RUAG for maintenance purposes. 
Investigation performed by RUAG showed that the paint removal 
procedure for the rudder and elevator was changed from a paint 
stripping with brush and scraper to a procedure where the parts were 
submerged in a tank filled with hot liquid stripper. The stripper is 
called TURCO 5669 from Henkel Surface Technologies. The stripping 
process is described in the Technical Process Bulletin No. 238799 
dated 09/01/1999. This paint stripping process change was not 
communicated to and not approved by the TC-Holder.

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

DATES: This AD becomes effective May 27, 2008.
    On May 27, 2008, 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 http://www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

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: 

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 February 25, 2008 
(73 FR 9965). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    The manufacturer reported findings of missing primer on the 
internal of the elevator and rudder of aircraft S/N 8200. The 
aircraft S/N 8200 was with RUAG for maintenance purposes. 
Investigation performed by RUAG showed that the paint removal 
procedure for the rudder and elevator was changed from a paint 
stripping with brush and scraper to a procedure where the parts were 
submerged in a tank filled with hot liquid stripper. The stripper is 
called TURCO 5669 from Henkel Surface Technologies. The stripping 
process is described in the Technical Process Bulletin No. 238799 
dated 09/01/1999. This paint stripping process change was not 
communicated to and not approved by the TC-Holder.

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.

[[Page 21221]]

Any such differences are highlighted in a NOTE within the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect 8 products of U.S. registry. We also estimate that it will take 
about 3 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 $1,920 or $240 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 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.
    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 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 the NPRM, 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.

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:

2008-08-15 Dornier Luftfahrt GmbH: Amendment 39-15467; Docket No. 
FAA-2008-0197; Directorate Identifier 2008-CE-005-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 27, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models 228-100, 228-101, 228-200, 228-
201, 228-202, and 228-212 airplanes, serial numbers 8009, 8065, 
8112, 8179, 8185, 8191, 8241, and 8244, certificated in any 
category.

Subject

    (d) Air Transport Association of America (ATA) Code 51: 
Structures.

Reason

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

The manufacturer reported findings of missing primer on the internal 
of the elevator and rudder of aircraft S/N 8200. The aircraft S/N 
8200 was with RUAG for maintenance purposes. Investigation performed 
by RUAG showed that the paint removal procedure for the rudder and 
elevator was changed from a paint stripping with brush and scraper 
to a procedure where the parts were submerged in a tank filled with 
hot liquid stripper. The stripper is called TURCO 5669 from Henkel 
Surface Technologies. The stripping process is described in the 
Technical Process Bulletin No. 238799 dated 09/01/1999. This paint 
stripping process change was not communicated to and not approved by 
the TC-Holder.

    The MCAI requires you to do a visual inspection of the inner 
structure on rudder and elevator for signs of corrosion, de-bonded 
primer (yellow-green), and any other deviation of surface 
protection; report corrosion beyond the acceptable level or areas 
with de-bonded primer to the manufacturer; and, if necessary, repair 
the affected parts following the applicable FAA-approved 
manufacturer repair instruction.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 2 months after the effective date of this AD, do a 
detailed visual inspection on the inner structure of the rudder and 
elevator for signs of corrosion, debonded primer (yellow-green), and 
any other deviation of surface protection following RUAG Aerospace 
Defence Technology Dornier 228 Service Bulletin No. SB-228-270, 
dated October 30, 2007.
    (2) If you find corrosion or areas with debonded primer as a 
result of the inspection required by paragraph (f)(1) of this AD, 
before further flight, do the following:
    (i) Report the inspection results to RUAG Aerospace Services 
GmbH, Dornier 228 Customer Support, P.O. Box 1253, 82231 Wessling, 
Federal Republic of Germany, telephone: 011-49-8153-30-2280; fax: 
011-49-8153-30-3030, and request FAA-approved repair instructions 
following RUAG Aerospace Defence Technology Dornier 228 Service 
Bulletin No. SB-228-270, dated October 30, 2007.
    (ii) Repair corrosion following FAA-approved repair instructions 
obtained from RUAG Aerospace Services GmbH.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The MCAI includes provisions for reporting corrosion 
``beyond the acceptable level.'' However, the service information 
does not include a definition of ``acceptable level.'' Therefore, to 
ensure the AD is clear for U.S. operators and is enforceable, this 
AD does not include the qualifier ``beyond the acceptable level.''

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: Karl Schletzbaum, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; 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

[[Page 21222]]

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 MCAI German AD D-2007-350, dated December 19, 2007; 
and RUAG Aerospace Defence Technology Dornier 228 Service Bulletin 
No. SB-228-270, dated October 30, 2007, for related information.

Material Incorporated by Reference

    (i) You must use RUAG Aerospace Defence Technology Dornier 228 
Service Bulletin No. SB-228-270, dated October 30, 2007, 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, 82231 Wessling, Federal Republic of Germany, telephone: +49 
(0)8153-30-2280; fax: +49 (0) 8153-30-3030.
    (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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on April 4, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-7806 Filed 4-18-08; 8:45 am]
BILLING CODE 4910-13-P