```

[Federal Register: November 18, 2010 (Volume 75, Number 222)]
[Proposed Rules]               
[Page 70623-70625]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18no10-14]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1152; Directorate Identifier 2009-CE-026-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).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. 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:

    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.

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 January 3, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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.

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 this proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Glider Program Manager, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

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-2010-1152; 
Directorate Identifier 2009-CE-026-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://regulations.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

    On May 11, 2007, we issued AD 2007-11-03, Amendment 39-15060 (72 FR 
28591; May 22, 2007). That AD required actions intended to address an 
unsafe condition on the products listed above.
    Since we issued AD 2007-11-03, the type certificate holder 
initiated a series of flight-test analyses to include strain 
measurements as well as finite element modeling and fatigue analyses to 
better understand the stress distribution onto frame 19 and the 
associated structural components. The analyses' findings confirmed that 
extreme short take-off

[[Page 70624]]

and landing operations diminish extensively the fatigue life of frame 
19. Consequently, a structure significant item inspection has been 
added.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2009-0085, dated April 14, 2009 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
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.

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

Relevant Service Information

    DORNIER LUFTFAHRT GmbH has issued:
     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.

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 
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

    We estimate that this proposed AD will affect 17 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 $85 per work-hour. Required parts would cost 
about $0 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
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 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, Incorporation by 
reference, 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 removing Amendment 39-15060 (72 FR 
28591; May 22, 2007), and adding the following new AD:

DORNIER LUFTFAHRT GmbH: Docket No. FAA-2010-1152; Directorate 
Identifier 2009-CE-026-AD.

Comments Due Date

    (a) We must receive comments by January 3, 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.

[[Page 70625]]

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: customersupport.dornier228@ruag.com 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.
    (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, Glider Program Manager, 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.

    Issued in Kansas City, Missouri, on November 10, 2010.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-29110 Filed 11-17-10; 8:45 am]
BILLING CODE 4910-13-P
```