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12574

Proposed Rules Federal Register


Vol. 72, No. 51

Friday, March 16, 2007

This section of the FEDERAL REGISTER Seventh Street, SW., Nassif Building, this proposed AD. Send your comments
contains notices to the public of the proposed Room PL–401, Washington, DC 20590– to an address listed under the
issuance of rules and regulations. The 0001. ADDRESSES section. Include ‘‘Docket No.
purpose of these notices is to give interested • Hand Delivery: Room PL–401 on FAA–2007–27295; Directorate Identifier
persons an opportunity to participate in the the plaza level of the Nassif Building, 2007–CE–013–AD’’ at the beginning of
rule making prior to the adoption of the final
rules.
400 Seventh Street, SW., Washington, your comments. We specifically invite
DC, between 9 a.m. and 5 p.m., Monday comments on the overall regulatory,
through Friday, except Federal holidays. economic, environmental, and energy
DEPARTMENT OF TRANSPORTATION • Federal eRulemaking Portal: Go to aspects of this proposed AD. We will
http://www.regulations.gov. Follow the consider all comments received by the
Federal Aviation Administration instructions for submitting comments. closing date and may amend this
proposed AD because of those
Examining the AD Docket
14 CFR Part 39 comments.
You may examine the AD docket on We will post all comments we
[Docket No. FAA–2007–27295; Directorate
the Internet at http://dms.dot.gov; or in receive, without change, to http://
Identifier 2007–CE–013–AD]
person at the Docket Management dms.dot.gov, including any personal
RIN 2120–AA64 Facility between 9 a.m. and 5 p.m., information you provide. We will also
Monday through Friday, except Federal post a report summarizing each
Airworthiness Directives; DORNIER holidays. The AD docket contains this substantive verbal contact we receive
LUFTFAHRT GmbH Models Dornier proposed AD, the regulatory evaluation, about this proposed AD.
228–100, Dornier 228–101, Dornier any comments received, and other
228–200, Dornier 228–201, Dornier Discussion
information. The street address for the
228–202, and Dornier 228–212 Docket Office (telephone (800) 647– The European Aviation Safety Agency
Airplanes 5227) is in the ADDRESSES section. (EASA), which is the Technical Agent
AGENCY: Federal Aviation Comments will be available in the AD for the Member States of the European
Administration (FAA), Department of docket shortly after receipt. Community, has issued EASA AD No:
Transportation (DOT). FOR FURTHER INFORMATION CONTACT: Karl 2007–0028, dated February 5, 2007
Schletzabaum, Aerospace Engineer, (referred to after this as ‘‘the MCAI’’), to
ACTION: Notice of proposed rulemaking
FAA, Small Airplane Directorate, 901 correct an unsafe condition for the
(NPRM).
Locust, Room 301, Kansas City, specified products. The MCAI states:
SUMMARY: We propose to adopt a new Missouri 64106; telephone: (816) 329– During a maintenance inspection, cracks
airworthiness directive (AD) for the 4146; fax: (816) 329–4090. were found on the centre section of fuselage
products listed above. This proposed frame 19. The investigation on the root cause
SUPPLEMENTARY INFORMATION:
AD results from mandatory continuing is still in progress. Fuselage frame 19
Streamlined Issuance of AD supports the rear side of the main landing
airworthiness information (MCAI)
gear (MLG). This condition, if not corrected,
originated by an aviation authority of The FAA is implementing a new could cause collapse of frame 19, leading to
another country to identify and correct process for streamlining the issuance of subsequent collapse of a MLG.
an unsafe condition on an aviation ADs related to MCAI. This streamlined The MCAI requires:
product. The MCAI describes the unsafe process will allow us to adopt MCAI Since an unsafe condition has been
condition as: safety requirements in a more efficient identified that may exist or develop on other
aircraft of the type design, this Airworthiness
During a maintenance inspection, cracks manner and will reduce safety risks to Directive (AD) requires a visual inspection of
were found on the centre section of fuselage the public. This process continues to the affected fuselage frame and, if
frame 19. The investigation on the root cause follow all FAA AD issuance processes to discrepancies are found, reporting the results
is still in progress. Fuselage frame 19 meet legal, economic, Administrative to the TC holder. This is considered to be an
supports the rear side of the main landing Procedure Act, and Federal Register interim action.
gear (MLG). This condition, if not corrected, requirements. We also continue to meet
could cause collapse of frame 19, leading to You may obtain further information
subsequent collapse of a MLG.
our technical decision-making by examining the MCAI in the AD
responsibilities to identify and correct docket.
The proposed AD would require unsafe conditions on U.S.-certificated
actions that are intended to address the products. Relevant Service Information
unsafe condition described in the MCAI. This proposed AD references the DORNIER LUFTFAHRT GmbH has
DATES: We must receive comments on MCAI and related service information issued Dornier 228 RUAG Alert Service
this proposed AD by April 16, 2007. that we considered in forming the Bulletin No. ASB–228–266, dated
ADDRESSES: You may send comments by engineering basis to correct the unsafe December 1, 2006. The actions
any of the following methods: condition. The proposed AD contains described in this service information are
• DOT Docket Web Site: Go to text copied from the MCAI and for this intended to correct the unsafe condition
erjones on PRODPC74 with PROPOSALS

http://dms.dot.gov and follow the reason might not follow our plain identified in the MCAI.
instructions for sending your comments language principles.
electronically. FAA’s Determination and Requirements
• Fax: (202) 493–2251. Comments Invited of the Proposed AD
• Mail: Docket Management Facility, We invite you to send any written This product has been approved by
U.S. Department of Transportation, 400 relevant data, views, or arguments about the aviation authority of another

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Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Proposed Rules 12575

country, and is approved for operation the Administrator finds necessary for 212 airplanes, all serial numbers, certificated
in the United States. Pursuant to our safety in air commerce. This regulation in any category.
bilateral agreement with this State of is within the scope of that authority Subject
Design Authority, they have notified us because it addresses an unsafe condition (d) Air Transport Association of America
of the unsafe condition described in the that is likely to exist or develop on (ATA) Code 53: Fuselage.
MCAI and service information products identified in this rulemaking
referenced above. We are proposing this action. Reason
AD because we evaluated all (e) The mandatory continuing
Regulatory Findings airworthiness information (MCAI) states:
information and determined the unsafe
condition exists and is likely to exist or We determined that this proposed AD During a maintenance inspection, cracks
would not have federalism implications were found on the centre section of fuselage
develop on other products of the same frame 19. The investigation on the root cause
type design. under Executive Order 13132. This
is still in progress. Fuselage frame 19
proposed AD would not have a supports the rear side of the main landing
Differences Between This Proposed AD substantial direct effect on the States, on gear (MLG). This condition, if not corrected,
and the MCAI or Service Information the relationship between the national could cause collapse of frame 19, leading to
We have reviewed the MCAI and Government and the States, or on the subsequent collapse of a MLG.
related service information and, in distribution of power and Actions and Compliance
general, agree with their substance. But responsibilities among the various
we might have found it necessary to use (f) Unless already done, do the following
levels of government.
actions:
different words from those in the MCAI For the reasons discussed above, I (1) For all airplanes, within 25 hours time-
to ensure the AD is clear for U.S. certify this proposed regulation: in-service (TIS) after the effective date of this
operators and is enforceable. In making 1. Is not a ‘‘significant regulatory AD, visually inspect the affected fuselage
these changes, we do not intend to differ action’’ under Executive Order 12866; frame 19 using the instructions in Dornier
substantively from the information 2. Is not a ‘‘significant rule’’ under the 228 RUAG Alert Service Bulletin No. ASB–
provided in the MCAI and related DOT Regulatory Policies and Procedures 228–266, dated December 1, 2006.
service information. (44 FR 11034, February 26, 1979); and (2) If any crack is found during the
We might also have proposed 3. Will not have a significant inspection required in paragraph (f)(1) of this
economic impact, positive or negative, AD, before further flight, contact RUAG
different actions in this AD from those
on a substantial number of small entities Aerospace Services GmbH, Dornier 228
in the MCAI in order to follow FAA Customer Support, P.O. Box 1253, 82231
policies. Any such differences are under the criteria of the Regulatory Wessling, Germany; telephone: +49–(0)8153–
highlighted in a Note within the Flexibility Act. 30–2280; fax: +49–(0)8153–30–3030; e-mail:
proposed AD. We prepared a regulatory evaluation customersupport.dornier228@ruag.com for
of the estimated costs to comply with FAA-approved repair instructions and
Costs of Compliance this proposed AD and placed it in the incorporate the repair on the airplane.
Based on the service information, we AD docket. Note 1: This is considered interim action.
estimate that this proposed AD would The State of Design and DORNIER
List of Subjects in 14 CFR Part 39 LUFTFAHRT GmbH are looking at a possible
affect about 19 products of U.S. registry.
We also estimate that it would take Air transportation, Aircraft, Aviation repetitive inspection program and/or
about 6 work-hours per product to safety, Safety. modification program to address this
condition for the long-term. In the meantime,
comply with the basic requirements of The Proposed Amendment the FAA recommends that you incorporate
this proposed AD. The average labor the above inspection into your regular
rate is $80 per work-hour. Accordingly, under the authority
maintenance program.
Based on these figures, we estimate delegated to me by the Administrator,
the cost of the proposed AD on U.S. the FAA proposes to amend 14 CFR part FAA AD Differences
operators to be $9,120, or $480 per 39 as follows:
Note 2: This AD differs from the MCAI
product. and/or service information as follows:
In addition, this proposed AD may PART 39—AIRWORTHINESS
DIRECTIVES (1) The MCAI requires different
require follow-on actions. We have no compliance times for airplanes operated in
way of determining the cost of those 1. The authority citation for part 39 different conditions. The FAA is not able to
follow-on actions or the number of continues to read as follows: enforce compliance times based on airplane
products that may need these actions. operations since there is no way of
Authority: 49 U.S.C. 106(g), 40113, 44701. determining the amount of operations in
Authority for This Rulemaking different conditions. To ensure the unsafe
§ 39.13 [Amended]
Title 49 of the United States Code condition is addressed adequately and
2. The FAA amends § 39.13 by adding timely, we are requiring the inspection for all
specifies the FAA’s authority to issue the following new AD: airplanes at 25 hours TIS.
rules on aviation safety. Subtitle I, (2) The MCAI allows flight with known
section 106, describes the authority of DORNIER LUFTFAHRT GmbH: Docket No.
FAA–2007–27295; Directorate Identifier cracks provided they do not exceed a certain
the FAA Administrator. ‘‘Subtitle VII: 2007–CE–013–AD. limit. FAA policy does not allow flight with
Aviation Programs,’’ describes in more cracks in primary structure. Since the
detail the scope of the Agency’s Comments Due Date fuselage is considered primary structure, we
authority. (a) We must receive comments by April 16, are mandating repair before further flight
We are issuing this rulemaking under 2007. after any crack is found.
the authority described in ‘‘Subtitle VII, Affected ADs Other FAA AD Provisions
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Part A, Subpart III, Section 44701:


(b) None. (g) The following provisions also apply to
General requirements.’’ Under that this AD:
section, Congress charges the FAA with Applicability (1) Alternative Methods of Compliance
promoting safe flight of civil aircraft in (c) This AD applies to Dornier 228–100, (AMOCs): The Manager, Standards Staff,
air commerce by prescribing regulations Dornier 228–101, Dornier 228–200, Dornier FAA, ATTN: Karl Schletzabaum, Aerospace
for practices, methods, and procedures 228–201, Dornier 228–202, and Dornier 228– Engineer, FAA, Small Airplane Directorate,

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12576 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Proposed Rules

901 Locust, Room 301, Kansas City, Missouri It has been revealed that the control surface Procedure Act, and Federal Register
64106; telephone: (816) 329–4146; fax: (816) balancing procedure in the * * * SAAB 2000 requirements. We also continue to meet
329–4090, has the authority to approve SRM (structural repair manual) * * * is our technical decision-making
AMOCs for this AD, if requested using the incorrect. responsibilities to identify and correct
procedures found in 14 CFR 39.19. Before * * * * *
using any approved AMOC on any airplane
unsafe conditions on U.S.-certificated
Incorrect balance, outside the tolerance of products.
to which the AMOC applies, notify your the aileron control surface, may lead to
appropriate principal inspector (PI) in the This proposed AD references the
vibrations that in [the] worst case can result
FAA Flight Standards District Office (FSDO), in flutter. MCAI and related service information
or lacking a PI, your local FSDO. that we considered in forming the
(2) Airworthy Product: For any requirement The proposed AD would require engineering basis to correct the unsafe
in this AD to obtain corrective actions from actions that are intended to address the condition. The proposed AD contains
a manufacturer or other source, use these unsafe condition described in the MCAI. text copied from the MCAI and for this
actions if they are FAA-approved. Corrective DATES: We must receive comments on reason might not follow our plain
actions are considered FAA-approved if they
are approved by the State of Design Authority
this proposed AD by April 16, 2007. language principles.
(or their delegated agent). You are required ADDRESSES: You may send comments by
Comments Invited
to assure the product is airworthy before it any of the following methods:
is returned to service. • DOT Docket Web Site: Go to We invite you to send any written
(3) Reporting Requirements: For any http://dms.dot.gov and follow the relevant data, views, or arguments about
reporting requirement in this AD, under the instructions for sending your comments this proposed AD. Send your comments
provisions of the Paperwork Reduction Act electronically. to an address listed under the
(44 U.S.C. 3501 et.seq.), the Office of • Fax: (202) 493–2251. ADDRESSES section. Include ‘‘Docket No.
Management and Budget (OMB) has
approved the information collection
• Mail: Docket Management Facility, FAA–2007–27595; Directorate Identifier
requirements and has assigned OMB Control U.S. Department of Transportation, 400 2006–NM–248–AD’’ at the beginning of
Number 2120–0056. Seventh Street, SW., Nassif Building, your comments. We specifically invite
Room PL–401, Washington, DC 20590– comments on the overall regulatory,
Related Information 0001. economic, environmental, and energy
(h) Refer to European Aviation Safety • Hand Delivery: Room PL–401 on aspects of this proposed AD. We will
Agency (EASA) AD No: 2007–0028, dated the plaza level of the Nassif Building, consider all comments received by the
February 5, 2007; and Dornier 228 RUAG 400 Seventh Street, SW., Washington, closing date and may amend this
Alert Service Bulletin No. ASB–228–266, proposed AD based on those comments.
dated December 1, 2006, for related
DC, between 9 a.m. and 5 p.m., Monday
information. through Friday, except Federal holidays. We will post all comments we
• Federal eRulemaking Portal: http:// receive, without change, to http://
Issued in Kansas City, Missouri, on March www.regulations.gov. Follow the dms.dot.gov, including any personal
9, 2007.
instructions for submitting comments. information you provide. We will also
David R. Showers, post a report summarizing each
Acting Manager, Small Airplane Directorate, Examining the AD Docket
substantive verbal contact we receive
Aircraft Certification Service. You may examine the AD docket on about this proposed AD.
[FR Doc. E7–4850 Filed 3–15–07; 8:45 am] the Internet at http://dms.dot.gov; or in
BILLING CODE 4910–13–P person at the Docket Management Discussion
Facility between 9 a.m. and 5 p.m., The European Aviation Safety Agency
Monday through Friday, except Federal (EASA), which is the Technical Agent
DEPARTMENT OF TRANSPORTATION holidays. The AD docket contains this for the Member States of the European
proposed AD, the regulatory evaluation, Community, has issued EASA
Federal Aviation Administration any comments received, and other Emergency Airworthiness Directive
information. The street address for the 2006–0053–E, dated February 22, 2006
14 CFR Part 39 Docket Office (telephone (800) 647– (referred to after this as ‘‘the MCAI’’), to
[Docket No. FAA–2007–27595; Directorate 5227) is in the ADDRESSES section. correct an unsafe condition for the
Identifier 2006–NM–248–AD] Comments will be available in the AD specified products. The MCAI states:
docket shortly after receipt. It has been revealed that the control surface
RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: balancing procedure in the web and CD/DVD
Mike Borfitz, Aerospace Engineer, versions of the SAAB 2000 SRM (structural
Airworthiness Directives; Saab Model International Branch, ANM–116, FAA, repair manual) Chapter 51–60–00, Control
SAAB 2000 Airplanes Transport Airplane Directorate, 1601 Surface Balancing Procedure is incorrect. The
Lind Avenue, SW., Renton, Washington incorrect Calculation formula (pages 1, 4 and
AGENCY: Federal Aviation 7) was incorporated in Revision 21 of the
Administration (FAA), DOT. 98057–3356; telephone (425) 227–2677;
SRM dated April 01/05 and was distributed
ACTION: Notice of proposed rulemaking fax (425) 227–1149. in 4 July 2005 on the CD/DVD issue Apr. 01/
(NPRM). SUPPLEMENTARY INFORMATION: 05.
In the incorrect formula, an ‘‘x’’
SUMMARY: We propose to adopt a new
Streamlined Issuance of AD (multiplication) has been replaced with a ‘‘+’’
airworthiness directive (AD) for the The FAA is implementing a new (addition) when the data was converted in
products listed above. This proposed process for streamlining the issuance of the system and if this formula is followed,
AD results from mandatory continuing ADs related to MCAI. This streamlined you may receive a result outside of the
allowed tolerance.
erjones on PRODPC74 with PROPOSALS

airworthiness information (MCAI) process will allow us to adopt MCAI


Incorrect balance, outside the tolerance of
originated by an aviation authority of safety requirements in a more efficient the aileron control surface, may lead to
another country to identify and correct manner and will reduce safety risks to vibrations that in [the] worst case can result
an unsafe condition on an aviation the public. This process continues to in flutter.
product. The MCAI describes the unsafe follow all FAA AD issuance processes to The hard copy of the manual, SAAB 2000
condition as: meet legal, economic, Administrative SRM, is correct.

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