Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 28591 

Issued in Burlington, Massachusetts, on 

May 15, 2007. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E7–9721 Filed 5–21–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27295 Directorate 

Identifier 2007–CE–013–AD; Amendment 

39–15060; AD 2007–11–03] 

RIN 2120–AA64 

Airworthiness Directives; Dornier 

Luftfahrt GmbH Model 228 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

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. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective June 

26, 2007. 

On June 26, 2007, 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:// 

dms.dot.gov or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., Nassif Building, Room PL–401, 

Washington, DC. 

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: 

Streamlined Issuance of AD 

The FAA is implementing a new 

process for streamlining the issuance of 

ADs related to MCAI. The 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 AD references the MCAI and 

related service information that we 

considered in forming the engineering 

basis to correct the unsafe condition. 

The AD contains text copied from the 

MCAI and for this reason might not 

follow our plain language principles. 

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 March 16, 2007 (72 FR 

12574). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states that: 

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. Since an 

unsafe condition has been identified that 

may exist or develop on other aircraft of this 

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. 

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. 

Costs of Compliance 

We estimate that this AD will affect 

19 products of U.S. registry. We also 

estimate that it will take about 6 workhours 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 $9,120 or $480 per product. 

In addition, this AD may require 

follow-on actions. Because each followon action is based on the damage found 

on the affected airplane, 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 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. 


cprice-sewell on PRODPC61 with RULES
28592 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 

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://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 the 

NPRM, 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. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2007–11–03 Dornier Luftfahrt GmbH: 

Amendment 39–15060; Docket No. 

FAA–2007–27295; Directorate Identifier 

2007–CE–013–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective June 26, 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. Since an 

unsafe condition has been identified that 

may exist or develop on other aircraft of this 

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. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) For all airplanes, within 25 hours timein-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, 

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. 

Material Incorporated by Reference 

(i) You must use Dornier 228 RUAG Alert 

Service Bulletin No. ASB–228–266, dated 

December 1, 2006, 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, D–82231 Wessling, Federal 

Republic of Germany; telephone: 49 8153 

302280. 

(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 May 

11, 2007. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–9600 Filed 5–21–07; 8:45 am] 

BILLING CODE 4910–13–P 


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