Airworthiness Directives; Dornier Luftfahrt GmbH Models 228-100, 228-101, 228-200, 228-201, 228-202, and 228-212 Airplanes, 9965-9967 [E8-3407]
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9965
Proposed Rules
Federal Register
Vol. 73, No. 37
Monday, February 25, 2008
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.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 930
[Docket No. AMS–FV–07–0137;
FV08–930–1]
Tart Cherries Grown in the States of
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and
Wisconsin; Continuance Referendum
Agricultural Marketing Service,
USDA.
ACTION: Referendum order.
rfrederick on PROD1PC67 with PROPOSALS
AGENCY:
SUMMARY: This document directs that a
continuance referendum be conducted
among eligible growers and processors
of tart cherries in the States of Michigan,
New York, Pennsylvania, Oregon, Utah,
Washington, and Wisconsin to
determine whether they favor
continuance of the marketing order
regulating the handling of tart cherries
grown in the production area.
DATES: The referendum will be
conducted from March 17 through
March 31, 2008. To vote in this
referendum, growers and processors
must have been engaged in producing or
processing tart cherries within the
production area during the period July
1, 2006, through June 30, 2007.
ADDRESSES: Copies of the marketing
order may be obtained from USDA,
Washington DC Marketing Field Office,
4700 River Road, Unit 155, Riverdale,
Maryland 20737, or the Office of the
Docket Clerk, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., Stop 0237,
Washington, DC 20250–0237.
FOR FURTHER INFORMATION CONTACT:
Patricia A. Petrella or Kenneth G.
Johnson, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, Unit
155, 4700 River Road, Riverdale, MD
20737; telephone: (301) 734–5243, Fax:
(301) 734–5275, or E-mail:
VerDate Aug<31>2005
14:22 Feb 22, 2008
Jkt 214001
Patricia.Petrella@usda.gov or
Kenneth.Johnson@usda.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to Marketing Order No. 930 (7 CFR part
930), hereinafter referred to as the
‘‘order,’’ and the applicable provisions
of the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), hereinafter referred to
as the ‘‘Act,’’ it is hereby directed that
a referendum be conducted to ascertain
whether continuance of the order is
favored by growers and processors. The
referendum shall be conducted during
the period March 17 through March 31,
2008, among eligible tart cherry growers
and processors in the production area.
Only growers and processors that were
engaged in the production or processing
of tart cherries in the States of Michigan,
New York, Pennsylvania, Oregon, Utah,
Washington, and Wisconsin during the
period of July 1, 2006, through June 30,
2007, may participate in the
continuance referendum.
USDA has determined that
continuance referenda are an effective
means for determining whether growers
and processors favor continuation of
marketing order programs. USDA would
consider termination of the order if
continuance is favored by fewer than 50
percent of the growers and processors
who vote in the referendum, and
growers and processors of less than 50
percent of the volume of tart cherries
represented in the referendum favor
continuance.
In evaluating the merits of
continuance versus termination, USDA
will consider the results of the
continuance referendum and other
relevant information concerning the
operation of the order. USDA will
evaluate the order’s relative benefits and
disadvantages to growers, processors,
and consumers in order to determine
whether continued operation of the
order would tend to effectuate the
declared policy of the Act.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the ballot materials used in
the referendum herein ordered are
currently approved by the Office of
Management and Budget (OMB) under
OMB No. 0581–0177, Tart Cherries
Grown in the States of Michigan, New
York, Pennsylvania, Oregon, Utah,
Washington and Wisconsin. It has been
estimated that it will take an average of
20 minutes for each of the
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Frm 00001
Fmt 4702
Sfmt 4702
approximately 40 processors and 900
growers of tart cherries in the
production area to cast a ballot.
Participation is voluntary. Ballots
postmarked after March 31, 2008, will
be marked invalid and not included in
the vote tabulation.
Kenneth G. Johnson, Patricia A.
Petrella, and Dawana Clark of the
Washington, DC, Marketing Field Office,
Fruit and Vegetable Programs,
Agricultural Marketing Service, USDA,
are hereby designated as the referendum
agents of the Secretary of Agriculture to
conduct such referendum. The
procedure applicable to the referendum
shall be the ‘‘Procedure for the Conduct
of Referenda in Connection With
Marketing Orders for Fruits, Vegetables,
and Nuts Pursuant to the Agricultural
Marketing Agreement Act of 1937, as
Amended’’ (7 CFR 900.400 et seq.).
Ballots will be mailed to all growers
and processors of record and may also
be obtained from the referendum agents
and from their appointees.
List of Subjects in 7 CFR Part 930
Tart Cherries, Marketing agreements,
Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601–674.
Dated: February 19, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–3494 Filed 2–22–08; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0197; Directorate
Identifier 2008–CE–005–AD]
RIN 2120–AA64
Airworthiness Directives; Dornier
Luftfahrt GmbH Models 228–100, 228–
101, 228–200, 228–201, 228–202, and
228–212 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
E:\FR\FM\25FEP1.SGM
25FEP1
9966
Federal Register / Vol. 73, No. 37 / Monday, February 25, 2008 / Proposed Rules
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:
The manufacturer reported findings of
missing primer on the internal of the elevator
and rudder of aircraft S/N 8200. The aircraft
S/N 8200 was with RUAG for maintenance
purposes. Investigation performed by RUAG
showed that the paint removal procedure for
the rudder and elevator was changed from a
paint stripping with brush and scraper to a
procedure where the parts were submerged
in a tank filled with hot liquid stripper. The
stripper is called TURCO 5669 from Henkel
Surface Technologies. The stripping process
is described in the Technical Process Bulletin
No. 238799 dated 09/01/1999. This paint
stripping process change was not
communicated to and not approved by the
TC-Holder.
rfrederick on PROD1PC67 with PROPOSALS
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 March 26, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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: Karl
Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4146; fax: (816)
329–4090.
VerDate Aug<31>2005
14:22 Feb 22, 2008
Jkt 214001
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–2008–0197; Directorate Identifier
2008–CE–005–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 https://
www.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
The Luftfahrt-Bundesamt (LBA),
which is the airworthiness authority for
Germany, has issued German AD D–
2007–350, dated December 19, 2007
(referred to after this as ‘‘the MCAI’’), to
correct an unsafe condition for the
specified products. The MCAI states:
The manufacturer reported findings of
missing primer on the internal of the elevator
and rudder of aircraft S/N 8200. The aircraft
S/N 8200 was with RUAG for maintenance
purposes. Investigation performed by RUAG
showed that the paint removal procedure for
the rudder and elevator was changed from a
paint stripping with brush and scraper to a
procedure where the parts were submerged
in a tank filled with hot liquid stripper. The
stripper is called TURCO 5669 from Henkel
Surface Technologies. The stripping process
is described in the Technical Process Bulletin
No. 238799 dated 09/01/1999. This paint
stripping process change was not
communicated to and not approved by the
TC-Holder.
The MCAI requires you to do a visual
inspection of the inner structure of the
rudder and elevator for signs of
corrosion, debonded primer (yellowgreen), and any other deviation of
surface protection; report corrosion
beyond the acceptable level or areas
with debonded primer to the
manufacturer; and, if necessary, repair
the affected parts following the
applicable FAA-approved manufacturer
repair instruction. You may obtain
further information by examining the
MCAI in the AD docket.
Relevant Service Information
RUAG Aerospace Defence Technology
has issued Dornier 228 Service Bulletin
No. SB–228–270, dated October 30,
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
2007. 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
Based on the service information, we
estimate that this proposed AD would
affect about 8 products of U.S. registry.
We also estimate that it would take
about 3 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 $1,920, or $240 per
product.
We have no way of determining the
number of products that may need any
necessary follow-on 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.
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Federal Register / Vol. 73, No. 37 / Monday, February 25, 2008 / Proposed Rules
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.
Comments Due Date
(a) We must receive comments by March
26, 2008.
(ii) Repair corrosion following FAAapproved repair instructions obtained from
RUAG Aerospace Services GmbH.
Affected ADs
FAA AD Differences
(b) None.
Subject
Note: This AD differs from the MCAI and/
or service information as follows: The MCAI
includes provisions for reporting corrosion
‘‘beyond the acceptable level.’’ However, the
service information does not include a
definition of ‘‘acceptable level.’’ Therefore, to
ensure the AD is clear for U.S. operators and
is enforceable, this AD does not include the
qualifier ‘‘beyond the acceptable level.’’
(d) Air Transport Association of America
(ATA) Code 51: Structures.
Other FAA AD Provisions
Applicability
(c) This AD applies to Models 228–100,
228–101, 228–200, 228–201, 228–202, and
228–212 airplanes, serial numbers 8009,
8065, 8112, 8179, 8185, 8191, 8241, and
8244, certificated in any category.
Regulatory Findings
Reason
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.
(e) The mandatory continuing
airworthiness information (MCAI) states:
‘‘The manufacturer reported findings of
missing primer on the internal of the elevator
and rudder of aircraft S/N 8200. The aircraft
S/N 8200 was with RUAG for maintenance
purposes. Investigation performed by RUAG
showed that the paint removal procedure for
the rudder and elevator was changed from a
paint stripping with brush and scraper to a
procedure where the parts were submerged
in a tank filled with hot liquid stripper. The
stripper is called TURCO 5669 from Henkel
Surface Technologies. The stripping process
is described in the Technical Process Bulletin
No. 238799 dated 09/01/1999. This paint
stripping process change was not
communicated to and not approved by the
TC-Holder.’’
The MCAI requires you to do a visual
inspection of the inner structure on rudder
and elevator for signs of corrosion, debonded primer (yellow-green), and any other
deviation of surface protection; report
corrosion beyond the acceptable level or
areas with de-bonded primer to the
manufacturer; and, if necessary, repair the
affected parts following the applicable FAAapproved manufacturer repair instruction.
List of Subjects in 14 CFR Part 39
Actions and Compliance
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:
rfrederick on PROD1PC67 with PROPOSALS
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Dornier Luftfahrt GmbH: Docket No. FAA–
2008–0197; Directorate Identifier 2008–
CE–005–AD.
VerDate Aug<31>2005
14:22 Feb 22, 2008
Jkt 214001
9967
(f) Unless already done, do the following
actions:
(1) Within 2 months after the effective date
of this AD, do a detailed visual inspection on
the inner structure of the rudder and elevator
for signs of corrosion, de-bonded primer
(yellow-green), and any other deviation of
surface protection following RUAG
Aerospace Defence Technology Dornier 228
Service Bulletin No. SB–228–270, dated
October 30, 2007.
(2) If you find corrosion or areas with
debonded primer as a result of the inspection
required by paragraph (f)(1) of this AD, before
further flight, do the following:
(i) Report the inspection results to RUAG
Aerospace Services GmbH, Dornier 228
Customer Support, P.O. Box 1253, 82231
Wessling, Federal Republic of Germany,
telephone: +49 (0)8153–30–2280; fax: +49 (0)
8153–30–3030 and request FAA-approved
repair instructions following RUAG
Aerospace Defence Technology Dornier 228
Service Bulletin No. SB–228–270, dated
October 30, 2007.
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Frm 00003
Fmt 4702
Sfmt 4702
(g) 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: 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 German AD D–2007–
350, dated December 19, 2007; and RUAG
Aerospace Defence Technology Dornier 228
Service Bulletin No. SB–228–270, dated
October 30, 2007, for related information.
Issued in Kansas City, Missouri, on
February 13, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–3407 Filed 2–22–08; 8:45 am]
BILLING CODE 4910–13–P
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Agencies
[Federal Register Volume 73, Number 37 (Monday, February 25, 2008)]
[Proposed Rules]
[Pages 9965-9967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3407]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0197; Directorate Identifier 2008-CE-005-AD]
RIN 2120-AA64
Airworthiness Directives; Dornier Luftfahrt GmbH Models 228-100,
228-101, 228-200, 228-201, 228-202, and 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
[[Page 9966]]
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:
The manufacturer reported findings of missing primer on the
internal of the elevator and rudder of aircraft S/N 8200. The
aircraft S/N 8200 was with RUAG for maintenance purposes.
Investigation performed by RUAG showed that the paint removal
procedure for the rudder and elevator was changed from a paint
stripping with brush and scraper to a procedure where the parts were
submerged in a tank filled with hot liquid stripper. The stripper is
called TURCO 5669 from Henkel Surface Technologies. The stripping
process is described in the Technical Process Bulletin No. 238799
dated 09/01/1999. This paint stripping process change was not
communicated to and not approved by the TC-Holder.
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 March 26, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
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: 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:
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-2008-0197;
Directorate Identifier 2008-CE-005-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 https://
www.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
The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority
for Germany, has issued German AD D-2007-350, dated December 19, 2007
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
The manufacturer reported findings of missing primer on the
internal of the elevator and rudder of aircraft S/N 8200. The
aircraft S/N 8200 was with RUAG for maintenance purposes.
Investigation performed by RUAG showed that the paint removal
procedure for the rudder and elevator was changed from a paint
stripping with brush and scraper to a procedure where the parts were
submerged in a tank filled with hot liquid stripper. The stripper is
called TURCO 5669 from Henkel Surface Technologies. The stripping
process is described in the Technical Process Bulletin No. 238799
dated 09/01/1999. This paint stripping process change was not
communicated to and not approved by the TC-Holder.
The MCAI requires you to do a visual inspection of the inner
structure of the rudder and elevator for signs of corrosion, debonded
primer (yellow-green), and any other deviation of surface protection;
report corrosion beyond the acceptable level or areas with debonded
primer to the manufacturer; and, if necessary, repair the affected
parts following the applicable FAA-approved manufacturer repair
instruction. You may obtain further information by examining the MCAI
in the AD docket.
Relevant Service Information
RUAG Aerospace Defence Technology has issued Dornier 228 Service
Bulletin No. SB-228-270, dated October 30, 2007. 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
Based on the service information, we estimate that this proposed AD
would affect about 8 products of U.S. registry. We also estimate that
it would take about 3 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 $1,920, or $240 per product.
We have no way of determining the number of products that may need
any necessary follow-on 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.
[[Page 9967]]
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-2008-0197; Directorate
Identifier 2008-CE-005-AD.
Comments Due Date
(a) We must receive comments by March 26, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Models 228-100, 228-101, 228-200, 228-
201, 228-202, and 228-212 airplanes, serial numbers 8009, 8065,
8112, 8179, 8185, 8191, 8241, and 8244, certificated in any
category.
Subject
(d) Air Transport Association of America (ATA) Code 51:
Structures.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
``The manufacturer reported findings of missing primer on the
internal of the elevator and rudder of aircraft S/N 8200. The
aircraft S/N 8200 was with RUAG for maintenance purposes.
Investigation performed by RUAG showed that the paint removal
procedure for the rudder and elevator was changed from a paint
stripping with brush and scraper to a procedure where the parts were
submerged in a tank filled with hot liquid stripper. The stripper is
called TURCO 5669 from Henkel Surface Technologies. The stripping
process is described in the Technical Process Bulletin No. 238799
dated 09/01/1999. This paint stripping process change was not
communicated to and not approved by the TC-Holder.''
The MCAI requires you to do a visual inspection of the inner
structure on rudder and elevator for signs of corrosion, de-bonded
primer (yellow-green), and any other deviation of surface
protection; report corrosion beyond the acceptable level or areas
with de-bonded primer to the manufacturer; and, if necessary, repair
the affected parts following the applicable FAA-approved
manufacturer repair instruction.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Within 2 months after the effective date of this AD, do a
detailed visual inspection on the inner structure of the rudder and
elevator for signs of corrosion, de-bonded primer (yellow-green),
and any other deviation of surface protection following RUAG
Aerospace Defence Technology Dornier 228 Service Bulletin No. SB-
228-270, dated October 30, 2007.
(2) If you find corrosion or areas with debonded primer as a
result of the inspection required by paragraph (f)(1) of this AD,
before further flight, do the following:
(i) Report the inspection results to RUAG Aerospace Services
GmbH, Dornier 228 Customer Support, P.O. Box 1253, 82231 Wessling,
Federal Republic of Germany, telephone: +49 (0)8153-30-2280; fax:
+49 (0) 8153-30-3030 and request FAA-approved repair instructions
following RUAG Aerospace Defence Technology Dornier 228 Service
Bulletin No. SB-228-270, dated October 30, 2007.
(ii) Repair corrosion following FAA-approved repair instructions
obtained from RUAG Aerospace Services GmbH.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: The MCAI includes provisions for reporting corrosion
``beyond the acceptable level.'' However, the service information
does not include a definition of ``acceptable level.'' Therefore, to
ensure the AD is clear for U.S. operators and is enforceable, this
AD does not include the qualifier ``beyond the acceptable level.''
Other FAA AD Provisions
(g) 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: 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 German AD D-2007-350, dated December 19, 2007;
and RUAG Aerospace Defence Technology Dornier 228 Service Bulletin
No. SB-228-270, dated October 30, 2007, for related information.
Issued in Kansas City, Missouri, on February 13, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-3407 Filed 2-22-08; 8:45 am]
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