Federal Register: June 12, 2009 (Volume 74, Number 112)
DOCID: fr12jn09-2 FR Doc E9-13693
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
CFR Citation: 14 CFR Part 39
Docket ID: [Docket No. FAA-2009-0284; Directorate Identifier 2009-CE-016-AD; Amendment 39-15939; AD 2009-12-16]
RIN ID: RIN 2120-AA64
NOTICE: RULES
DOCID: fr12jn09-2
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
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
DATES: This AD becomes effective July 17, 2009.
On July 17, 2009, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD.
DOCUMENT SUMMARY:
We are superseding an existing 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:
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 TCHolder.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
SUMMARY:
Airworthiness Directives
SUPPLEMENTAL 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 30, 2009 (74 FR 14097), and proposed to supersede AD 20080815, Amendment 3915467 (73 FR 21220; April 21, 2008). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that:
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 TCHolder.
Corrosion damage can occur through insufficient surface protection.
Consequently, the MCAI requires a detailed visual inspection of the
inner structure of the rudder and elevator for signs of corrosion, de
bonded primer (yellowgreen), and any deviation of surface protection.
If the inspection results show corrosion beyond the acceptable level or
areas with debonded primer, the inspection results have to be reported
to RUAG Aerospace Services GmbH for further decisions. If necessary,
repair the affected parts in accordance with the applicable repair instruction obtained from RUAG Aerospace Services GmbH.
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 17 products of U.S. registry. We also estimate that it will take about 3 workhours per product to comply with the basic requirements of this AD. The average labor rate is $80 per workhour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $4,080, or $240 per product.
We have no way of determining the number of airplanes or the associated costs of any followon repairs or replacements that might be required by this AD.
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) 6475527) 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 39AIRWORTHINESS 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 3915467 (73 FR 21220; April 21, 2008) and adding the following new AD:
20091216 Dornier Luftfahrt GmbH: Amendment 3915939; Docket No. FAA20090284; Directorate Identifier 2009CE016AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective July 17, 2009.
Affected ADs
(b) This AD supersedes AD 20080815, Amendment 3915467.
Applicability
(c) This AD applies to Dornier 228100, Dornier 228101, Dornier
228200, Dornier 228201, Dornier 228202, and Dornier 228212 airplanes, all serial numbers, that:
(1) Are certificated in any category; and
[[Page 27908]]
(2) have had the rudder and/or elevator replaced or repaired at
Fairchild Dornier or RUAG between the year 2000 and 2005. The
concerned rudder and elevator part numbers and serial numbers are
listed on page 7 of RUAG Aerospace Defence Technology Dornier 228
Service Bulletin No. SB228270 (includes undated attachments 1 and
2 to SB228270 Rev. 1), Rev. No. 1, dated November 28, 2008. Subject
(d) Air Transport Association of America (ATA) Code 51: Standard Practices/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 TCHolder.
Corrosion damage can occur through insufficient surface protection.
Consequently, the MCAI requires a detailed visual inspection of the
inner structure of the rudder and elevator for signs of corrosion,
debonded primer (yellowgreen), and any deviation of surface
protection. If the inspection results show corrosion beyond the
acceptable level or areas with debonded primer, the inspection
results have to be reported to RUAG Aerospace Services GmbH for
further decisions. If necessary, repair the affected parts in
accordance with the applicable repair instruction obtained from RUAG Aerospace Services GmbH.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Within 2 months after July 17, 2009 (the effective date of
this AD), do a detailed visual inspection on the inner structure of
the rudder and elevator for signs of corrosion, debonded primer
(yellowgreen), and any other deviation of surface protection
following RUAG Aerospace Defence Technology Dornier 228 Service
Bulletin No. SB228270 (includes undated attachments 1 and 2 to SB 228270 Rev. 1), Rev. No. 1, dated November 28, 2008.
(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) 8153302280; fax:
+49 (0) 8153303030 and request FAAapproved repair instructions
following RUAG Aerospace Defence Technology Dornier 228 Service
Bulletin No. SB228270 (includes undated attachments 1 and 2 to SB 228270 Rev. 1), Rev. No. 1, dated November 28, 2008.
(ii) Repair corrosion following FAAapproved repair instructions obtained from RUAG Aerospace Services GmbH.
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 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, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 3294130; fax: (816) 3294090. 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 FAAapproved. Corrective actions are considered
FAAapproved 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 21200056.
Related Information
(h) Refer to MCAI German AD D2007350R1, dated January 30,
2009; and RUAG Aerospace Defence Technology Dornier 228 Service
Bulletin No. SB228270 (includes undated attachments 1 and 2 to SB
228270 Rev. 1), Rev. No. 1, dated November 28, 2008, for related information.
Material Incorporated by Reference
(i) You must use RUAG Aerospace Defence Technology Dornier 228
Service Bulletin No. SB228270 (includes undated attachments 1 and
2 to SB228270 Rev. 1), Rev. No. 1, dated November 28, 2008, 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, 82231 Wessling, Federal Republic of Germany, telephone: +49 (0) 8153302280; fax: +49 (0) 8153303030; Email:
custsupport.dornier228@ruag.com; Internet: http://www.ruag.com/. (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the Central Region, call (816) 3293768.
(4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call (202) 7416030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/ ibr_locations.html.
Issued in Kansas City, Missouri, on June 4, 2009. Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E913693 Filed 61109; 8:45 am]
BILLING CODE 491013P
FOR FURTHER INFORMATION CONTACT
Greg Davison, Glider Program Manager, 901 Locust, Room 301, Kansas City,
[[Page 27907]]
Missouri 64106; telephone: (816) 3294130; fax: (816) 3294090.