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2009-12-16 DORNIER LUFTFAHRT GMBH:
Amendment 39-15939; Docket No. FAA-2009-0284; Directorate Identifier 2009-CE-016-AD. 
EFFECTIVE DATE

(a) This airworthiness directive (AD) becomes effective July 17, 2009.

AFFECTED ADS

(b) This AD supersedes AD 2008-08-15, Amendment 39-15467.

APPLICABILITY

(c) This AD applies to Dornier 228-100, Dornier 228-101, Dornier  228-200,
    Dornier 228-201, Dornier 228-202,  and Dornier 228-212 airplanes,  all
    serial numbers, that:

(1) Are certificated in any category; and

(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.  SB
    -228-270 (includes undated attachments 1 and 2 to  SB-228-270 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 TC
    -Holder.

    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  (yellow-green),   and  any   deviation  of   surface
    protection.  If  the  inspection  results  show  corrosion  beyond the
    acceptable  level  or  areas  with  de-bonded  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, 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
    (includes undated attachments 1 and 2 to SB-228-270 Rev. 1), Rev.  No.
    1, dated November 28, 2008.

(2) If you find  corrosion or areas with  de-bonded 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
    (includes undated attachments 1 and 2 to SB-228-270 Rev. 1), Rev.  No.
    1, dated November 28, 2008.

(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:
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)  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,
    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-2007-350R1, dated January 30, 2009; and RUAG
    Aerospace Defence Technology Dornier  228 Service Bulletin No.  SB-228
    -270 (includes undated attachments 1 and 2 to SB-228-270 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. SB-228-270  (includes undated attachments  1 and 2  to SB
    -228-270  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) 8153-30
    -2280;       fax:       +49       (0)       8153-30-3030;      E-mail:
    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) 329-3768.

(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) 741-6030, or go to:
    http://www.archives.gov/federal_register/code_of_federal_regulations/i
    br_locations.html.

Issued in  Kansas City,  Missouri, on  June 4,  2009. Kim  Smith, Manager,
Small Airplane Directorate, Aircraft Certification Service.

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

AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT).

ACTION: Final rule.

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 TC-Holder.

We are issuing this AD to require actions to correct the unsafe condition on these products.

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.

ADDRESSES: You may examine the AD docket on the Internet at http:// www.regulations.gov or in person at the Docket 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: Greg Davison, Glider Program Manager, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4130; 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 30, 2009 (74 FR 14097), and proposed to supersede AD 2008-08-15, Amendment 39-15467 (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 TC-Holder.

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 (yellow-green), and any deviation of surface protection. If the inspection results show corrosion beyond the acceptable level or areas with de-bonded 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 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 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 follow-on 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) 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

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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 39-15467 (73 FR 21220; April 21, 2008) and adding the following new AD: