[Federal Register: March 16, 2007 (Volume 72, Number 51)]
[Proposed Rules]
[Page 12574-12576]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr07-15]
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Proposed Rules
Federal Register
________________________________________________________________________
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.
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[[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: customersupport.dornier228@ruag.com 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]
BILLING CODE 4910-13-P