[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Rules and Regulations]
[Pages 6523-6525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2006]



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 Rules and Regulations
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  Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Rules 
and Regulations  

[[Page 6523]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1152; Directorate Identifier 2009-CE-026-AD; 
Amendment 39-16589; AD 2011-03-05]
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: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding an existing 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 TC Holder received from operators, whose fleets are operated 
in demanding operating-conditions and with very frequent Short Take-
Off and Landing (STOL) operations, reports of cracks located in the 
web of fuselage frame 19. On 05 February 2007, EASA issued 
Airworthiness Directive (AD) 2007-0028 which mandated Alert Service 
Bulletin (ASB) 228-266 and required an inspection of the frame 19 on 
all Dornier 228 aeroplanes. In addition, the TC Holder also 
initiated a flight-test campaign including strain measurements as 
well as finite element modelling and fatigue analyses to better 
understand the stress distribution onto the frame 19 and the 
associated structural components.
    The results of these investigations confirmed that STOL 
operations diminish extensively the fatigue life of the frame 19.
    Fuselage frame 19 supports the rear attachment of the Main 
Landing Gear (MLG). This condition, if not corrected, could cause 
rupture 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 March 14, 2011.
    On March 14, 2011, the Director of the Federal Register approved 
the incorporation by reference of Dornier 228 Time Limits/Maintenance 
Checks Manual, Temporary Revision No. 05-27, dated August 4, 2008, 
listed in this AD.
    As of June 26, 2007 (72 FR 28591, May 22, 2007), the Director of 
the Federal Register approved the incorporation by reference of RUAG 
Alert Service Bulletin No. ASB-228-266, dated December 1, 2006, listed 
in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket 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 service information identified in this AD, contact RUAG 
Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box 1253, 
82231 Wessling, Germany; telephone: + 49 (0) 8153-302280; fax: + 49 (0) 
8153-303030. You may review copies of the referenced service 
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas 
City, Missouri 64106. For information on the availability of this 
material at the FAA, call 816-329-4148.

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:

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 November 18, 2010 
(75 FR 70623), and proposed to supersede AD 2007-11-03, Amendment 39-
15060 (72 FR 28591; May 22, 2007). That NPRM proposed to correct an 
unsafe condition for the specified products. The MCAI states that:

    The TC Holder received from operators, whose fleets are operated 
in demanding operating-conditions and with very frequent Short Take-
Off and Landing (STOL) operations, reports of cracks located in the 
web of fuselage frame 19. On 05 February 2007, EASA issued 
Airworthiness Directive (AD) 2007-0028 which mandated Alert Service 
Bulletin (ASB) 228-266 and required an inspection of the frame 19 on 
all Dornier 228 aeroplanes. In addition, the TC Holder also 
initiated a flight-test campaign including strain measurements as 
well as finite element modelling and fatigue analyses to better 
understand the stress distribution onto the frame 19 and the 
associated structural components.
    The results of these investigations confirmed that STOL 
operations diminish extensively the fatigue life of the frame 19.
    Fuselage frame 19 supports the rear attachment of the Main 
Landing Gear (MLG). This condition, if not corrected, could cause 
rupture of frame 19, leading to subsequent collapse of a MLG.
    For the reasons described above, this new AD requires 
installation of reinforcements and butt straps on frame 19 at the 
lower part of the fuselage for aeroplanes used in operations where 
this frame may be subject to high stress and recurring inspections 
of that frame for all aeroplanes.

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.

[[Page 6524]]

Costs of Compliance

    We estimate that this AD will affect 17 products of U.S. registry. 
We also estimate that it will take about 6 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $0 per product.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $8,670 or $510 per product.

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

    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 removing Amendment 39-15060 (72 FR 
28591; May 22, 2007) and adding the following new AD:

2011-03-05 Dornier Luftfahrt GmbH: Amendment 39-16589; Docket No. 
FAA-2010-1152; Directorate Identifier 2009-CE-026-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
14, 2011.

Affected ADs

    (b) This AD supersedes AD 2007-11-03, Amendment 39-15060.

Applicability

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

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    The TC Holder received from operators, whose fleets are operated 
in demanding operating-conditions and with very frequent Short Take-
Off and Landing (STOL) operations, reports of cracks located in the 
web of fuselage frame 19. On 05 February 2007, EASA issued 
Airworthiness Directive (AD) 2007-0028 which mandated Alert Service 
Bulletin (ASB) 228-266 and required an inspection of the frame 19 on 
all Dornier 228 aeroplanes. In addition, the TC Holder also 
initiated a flight-test campaign including strain measurements as 
well as finite element modelling and fatigue analyses to better 
understand the stress distribution onto the frame 19 and the 
associated structural components.
    The results of these investigations confirmed that STOL 
operations diminish extensively the fatigue life of the frame 19.
    Fuselage frame 19 supports the rear attachment of the Main 
Landing Gear (MLG). This condition, if not corrected, could cause 
rupture of frame 19, leading to subsequent collapse of a MLG.
    For the reasons described above, this new AD requires 
installation of reinforcements and butt straps on frame 19 at the 
lower part of the fuselage for aeroplanes used in operations where 
this frame may be subject to high stress and recurring inspections 
of that frame for all aeroplanes.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For all airplanes, within 25 hours time-in-service (TIS) 
after June 26, 2007 (the effective date of AD 2007-11-03), 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.
    (3) After accomplishment of paragraph (f)(1) or (f)(2) of this 
AD, as applicable, repetitively thereafter do Structural Significant 
Item (SSI) Task No. 53.37 of Structure Inspection Program of Dornier 
228 Time Limits/Maintenance Checks Manual, Temporary Revision No. 
05-27, dated August 4, 2008, at intervals not to exceed 2,400 
landings or 72 months, whichever occurs first.
    (g) If the number of landings is unknown, calculate the 
compliance times of landings in this AD by using hours TIS. Multiply 
the number of hours TIS by 0.8 to come up with the number of 
landings. For the purpose of this AD:
    (1) 800 landings equals 1,000 hours TIS; and
    (2) 1,600 landings equals 2,000 hours TIS.

FAA AD Differences

    Note: 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 following a guideline 
combining number of landings and life limits.

[[Page 6525]]

    (2) The service information 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

    (h) 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 
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, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2009-0085, dated April 14, 2009; RUAG Alert Service Bulletin No. 
ASB-228-266, dated December 1, 2006; and Dornier 228 Time Limits/
Maintenance Checks Manual, Temporary Revision No. 05-27, dated 
August 4, 2008, for related information. For service information 
related to this AD, contact RUAG Aerospace Services GmbH, Dornier 
228 Customer Support, P.O. Box 1253, 82231 Wessling, Germany; 
telephone: + 49 (0) 8153-302280; fax: + 49 (0) 8153-303030. You may 
review copies of the referenced service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the availability of this material at the FAA, 
call 816-329-4148.

Material Incorporated by Reference

    (h) You must use RUAG Alert Service Bulletin No. ASB-228-266, 
dated December 1, 2006; and Dornier 228 Time Limits/Maintenance 
Checks Manual, Temporary Revision No. 05-27, dated August 4, 2008, 
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 Dornier 228 Time Limits/Maintenance 
Checks Manual, Temporary Revision No. 05-27, dated August 4, 2008, 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) On June 26, 2007 (72 FR 28591, May 22, 2007), the Director 
of the Federal Register previously approved the incorporation by 
reference of RUAG Alert Service Bulletin No. ASB-228-266, dated 
December 1, 2006.
    (3) For service information identified in this AD, contact RUAG 
Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box 
1253, 82231 Wessling, Germany; telephone: + 49 (0) 8153-302280; fax: 
+ 49 (0) 8153-303030.
    (4) You may review copies of the referenced service information 
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, 
Missouri 64106. For information on the availability of this material 
at the FAA, call 816-329-4148.
    (5) You may also review copies of the service information 
incorporated by reference for this AD 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on January 25, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-2006 Filed 2-4-11; 8:45 am]
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