[Federal Register: April 28, 2008 (Volume 73, Number 82)]
[Rules and Regulations]
[Page 22793-22795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap08-6]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0249; Directorate Identifier 2008-CE-012-AD;
Amendment 39-15490; AD 2008-09-09]
RIN 2120-AA64
Airworthiness Directives; DORNIER LUFTFAHRT GmbH Models 228-200,
228-201, 228-202, and 228-212 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 production testing of a batch of control cables, cracks
inside the cable terminal were detected. Despite the specified
strength at the date of delivery was achieved, it can not be
excluded that the mechanical properties of the cable will degrade.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective June 2, 2008.
On June 2, 2008, 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://
www.regulations.gov or in person at Document 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 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:
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 5, 2008 (73 FR
11841). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
During production testing of a batch of control cables, cracks
inside the cable terminal were detected. Despite the specified
strength at the date of delivery was achieved, it can not be
excluded that the mechanical properties of the cable will degrade.
The MCAI requires replacing rudder control cables, part number (P/N) B-
422420A00F delivered with European Aviation Safety Agency (EASA) Form
One tracking number RS52074/05 after January 1, 2006 (also identified
by production batch number 1141044, which is printed on the fork end
next to the P/N), with FAA-approved serviceable rudder control cables.
You
[[Page 22794]]
may obtain further information by examining the MCAI in the AD docket.
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 about 17 products of U.S.
registry. We also estimate that it will take about 15 work-hours per
product to comply with the 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 on U.S.
operators to be $20,400 or $1,200 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
0
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 adding the following new AD:
2008-09-09 DORNIER LUFTFAHRT GmbH: Amendment 39-15490; Docket No.
FAA-2008-0249; Directorate Identifier 2008-CE-012-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective June 2,
2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Models 228-200, 228-201, 228-202, and
228-212, all serial numbers, that are:
(1) Equipped with rudder control cables, part number (P/N) B-
422420A00F delivered with European Aviation Safety Agency (EASA)
Form One tracking number RS52074/05 after January 1, 2006 (also
identified by production batch number 1141044, which is printed on
the fork end next to the P/N); and
(2) Certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 27: Flight
Controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
During production testing of a batch of control cables, cracks
inside the cable terminal were detected. Despite the specified
strength at the date of delivery was achieved, it can not be
excluded that the mechanical properties of the cable will degrade.
The MCAI AD requires replacing rudder control cables, P/N B-
422420A00F delivered with EASA Form One tracking number RS52074/05
after January 1, 2006 (also identified by production batch number
1141044, which is printed on the fork end next to the P/N), with
FAA-approved serviceable rudder control cables.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Replace the rudder control cables identified in paragraph
(c)(1) of this AD with FAA-approved serviceable rudder control
cables following RUAG Aerospace Defence Technology Dornier 228 Alert
Service Bulletin No. ASB-228-269, dated March 23, 2007, at whichever
of the following occurs first:
(i) Upon reaching 1,200 total hours time-in-service (TIS) on the
rudder control cables identified in paragraph (c)(1) of this AD or
within 30 days after June 2, 2008 (the effective date of this AD),
whichever occurs later; or
(ii) Within the next 3 months after June 2, 2008 (the effective
date of this AD).
(2) As of June 2, 2008 (the effective date of this AD), do not
install any rudder control cables, P/N B-422420A00F delivered with
EASA Form One tracking number RS52074/05 after January 1, 2006 (also
identified by production batch number 1141044, which is printed on
the fork end next to the P/N).
(3) Within 30 days after doing the replacement required in
paragraph (f)(1) of this AD, return the removed rudder control
cables and any held as spares to the manufacturer at the address on
RUAG Aerospace Defence Technology Dornier 228 Alert Service Bulletin
No. ASB-228-269, dated March 23, 2007.
[[Page 22795]]
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, 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: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; 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, 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 MCAI Luftfahrt-Bundesamt (LBA) AD No. D-2007-353,
dated December 28, 2007, and RUAG Aerospace Defence Technology
Dornier 228 Alert Service Bulletin No. ASB-228-269, dated March 23,
2007, for related information.
Material Incorporated by Reference
(i) You must use RUAG Aerospace Defence Technology Dornier 228
Alert Service Bulletin No. ASB-228-269, dated March 23, 2007, 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, Customer Support, P.O. Box 1253, 82231 Wessling,
Germany.
(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 April 18, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-9055 Filed 4-25-08; 8:45 am]
BILLING CODE 4910-13-P