[Federal Register Volume 61, Number 250 (Friday, December 27, 1996)]
[Rules and Regulations]
[Pages 68139-68141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32436]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-CE-12-AD; Amendment 39-9865; AD 96-26-02]
RIN 2120-AA64


Airworthiness Directives; FLS Aerospace (Lovaux) Ltd. OA7 Optica 
Series 300 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain FLS Aerospace (Lovaux) Ltd. OA7 Optica series 300 
airplanes equipped with a Hoffman fan, part number HO-E315/122EZ, and 
fan shaft extension. This AD requires replacing the fan shaft extension 
with one that incorporates Modification No. B2/MOD/047. The AD results 
from a quality control review that shows that the four counterbores on 
the fan shaft extension to engine attachment flange have excessive 
depths. The actions specified in this AD are intended to prevent cracks 
from forming in the fan shaft extension flange and subsequent 
structural failure of this area because of counterbores with excessive 
depth.

DATES: Effective January 13, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 13, 1997.
    Comments for inclusion in the Rules Docket must be received on or 
before March 20, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket 96-CE-12-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.
    Service information that applies to this AD may be obtained from 
FLS Aerospace (Lovaux) Ltd., Bournemouth International Airport, 
Christchurch, Dorset BH23 6NW, England; telephone 0202 500200; 
facsimile 0202 580567. This information may also be examined at the 
Federal Aviation Administration (FAA), Central Region, Office of the 
Assistant Chief Counsel, Attention: Rules Docket No. 96-CE-12-AD, Room 
1558, 601 E. 12th Street, Kansas City, Missouri 64106; or at the Office 
of the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Maurice Kuttler, Program Officer, 
Brussels Aircraft Certification Division, FAA, Europe, Africa, and 
Middle East Office, c/o American Embassy, B-1000 Brussels, Belgium; 
telephone (32 2) 508.2715; facsimile (32 2) 230.6899; or Mr. Robert W. 
Alpiser, Project Officer, Small Airplane Directorate, Airplane 
Certification Service, FAA, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106; telephone (816) 426-6934; facsimile (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Events Leading to Issuance of the Proposed AD

    The Civil Airworthiness Authority (CAA), which is the airworthiness 
authority for the United Kingdom, recently notified the FAA that an 
unsafe condition may exist on certain FLS Aerospace (Lovaux) Ltd. OA7 
Optica series 300 airplanes equipped with a Hoffman fan, part number 
(P/N) HO-E315/122EZ, and fan shaft extension. The CAA for the United 
Kingdom reports that a manufacturing process error could cause 
structural failure of the fan shaft extension.
    This extension is attached to the engine propeller flange by six 
bolts. Of the six bushes on the propeller flange, four require a 
counterbore in the extension propeller flange. A quality control review 
of the manufacturing process has revealed that the depth of these 
counterbores on certain OA7 Optica 300 series airplanes equipped with a 
Hoffman fan, part number P/N HO-E315/122EZ, and fan shaft extension 
exceed 4.5 millimeters (mm). This could result in cracks forming in the 
propeller flange with subsequent structural failure of the fan shaft 
extension.

Applicable Service Information

    FLS Aerospace Lovaux Mandatory Service Bulletin (MSB) No. B2/MSB/
006, Issue: 1, dated August 22, 1994, specifies the following:

--measuring the depth of the four counterbores on the fan shaft 
extension to the engine attachment flange;
--inspecting the counterbores and propeller flange for cracks;
--incorporating Repair Drawing R 1299; and
--incorporating Modification B2/MOD/047 on the fan shaft extension.

    The CAA of the United Kingdom classified this service bulletin as 
mandatory and issued CAA AD 010-08-94, in order to assure the continued 
airworthiness of these airplanes in the United Kingdom.

The FAA's Determination

    This airplane model is manufactured in the United Kingdom and is 
type certificated for operation in the United States under the 
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 
21.19) and the applicable bilateral airworthiness agreement. Pursuant 
to this bilateral airworthiness agreement, the CAA of the United 
Kingdom has kept the FAA informed of the situation described above. The 
FAA has examined the findings of the CAA of the United Kingdom; 
reviewed all available information, including the service information 
and modification referenced above; and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.

[[Page 68140]]

Explanation of the Provisions of This AD

    Since an unsafe condition has been identified that is likely to 
exist or develop on other FLS Aerospace (Lovaux) Ltd. OA7 Optica series 
300 airplanes of the same type design registered in the United States 
equipped with a Hoffman fan, P/N HO-E315/122EZ, and fan shaft 
extension, the FAA is issuing an AD. This AD requires replacing the fan 
shaft extension with one that incorporates Modification No. B2/MOD/047. 
Accomplishment of the modification would be in accordance with FL 
Aerospace Lovaux Modification Leaflet No. B2/MOD/047, dated August 31, 
1994.

Differences Between This AD, Service Information, and the CAA AD

    Both FLS Aerospace Lovaux Mandatory Service Bulletin (MSB) No. B2/
MSB/006, Issue: 1, dated August 22, 1994, and CAA AD 010-08-94 specify 
the following:

--AT 50 HOURS TIME-IN-SERVICE (TIS): inspecting the fan shaft extension 
to engine attachment flange for cracks and replacing the fan shaft 
extension if any cracks are found; and measuring the depth of the four 
counterbores on the fan shaft extension to engine attachment flange 
incorporating Repair Drawing R 1299 if counterbores exceed a certain 
depth;
--AT 200 HOURS TIS: incorporating Modification B2/MOD/047 on the fan 
shaft extension.

    Accomplishing the inspection, measurement, and possible repair 
allow the airplane to be operated until a Modification B2/MOD/047 fan 
shaft extension is installed. This AD only requires replacing the fan 
shaft extension. Since no airplanes are currently on the U.S. Register, 
the FAA has determined to require immediate fan shaft extension 
replacement on any aircraft obtaining a U.S. airworthiness certificate 
rather than require the inspection, measurement, and possible repair, 
and then require the replacement.

Cost Impact

    None of the FLS Aerospace (Lovaux) Ltd. OA7 Optica series 300 
airplanes affected by this action are on the U.S. Register. All 
airplanes included in the applicability of this rule currently are 
operated by non-U.S. operators under foreign registry; therefore, they 
are not directly affected by this AD action. However, the FAA considers 
this rule necessary to ensure that the unsafe condition is addressed in 
the event that any of these subject airplanes are imported and placed 
on the U.S. Register.
    Should an affected airplane be imported and placed on the U.S. 
Register, accomplishment of the required replacement would take 
approximately 4 workhours at an average labor charge of $60 per 
workhour. Parts cost approximately $300 per airplane. Based on these 
figures, the total cost impact of this AD would be $540 per airplane 
that would become registered in the United States.

The Effective Date of This AD

    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
rule by submitting such written data, views, or arguments as they may 
desire. Communications shall identify the Rules Docket number and be 
submitted in triplicate to the address specified under the caption 
``ADDRESSES.'' All communications received on or before the closing 
date for comments will be considered, and this rule may be amended in 
light of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 96-CE-12-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
Reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

96-26-02 FLS Aerospace (LOVAUX) LTD.: Amendment 39-9865; Docket 96-
CE-12-AD.

    Applicability: OA7 Optica Series 300 Airplanes (serial numbers 
020, 021, and 022), certificated in any category, that are equipped 
with a Hoffman fan, part number HO-E315/122EZ, and fan shaft 
extension.
    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area

[[Page 68141]]

subject to the requirements of this AD. For airplanes that have been 
modified, altered, or repaired so that the performance of the 
requirements of this AD is affected, the owner/operator must request 
approval for an alternative method of compliance in accordance with 
paragraph (c) of this AD. The request should include an assessment 
of the effect of the modification, alteration, or repair on the 
unsafe condition addressed by this AD; and, if the unsafe condition 
has not been eliminated, the request should include specific 
proposed actions to address it.
    Compliance: Required prior to further flight after the effective 
date of this AD, unless already accomplished.
    To prevent cracks from forming in the fan shaft extension flange 
and subsequent structural failure of this area because of 
counterbores with excessive depth, accomplish the following:
    (a) Replace the fan shaft extension with one that incorporates 
Modification No. B2/MOD/047 in accordance with FL Aerospace Lovaux 
Modification Leaflet No. B2/MOD/047, dated August 31, 1994. This 
modification is referenced in FLS Aerospace Lovaux Mandatory Service 
Bulletin No. B2/MSB/006, Issue: 1, dated August 22, 1994.
    (b) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Brussels Aircraft Certification Division, 
Europe, Africa, Middle East office, FAA, c/o American Embassy, 1000 
Brussels, Belgium. The request should be forwarded through an 
appropriate FAA Maintenance Inspector, who may add comments and then 
send it to the Manager, Brussels Aircraft Certification Division.
    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Brussels Aircraft Certification Division.
    (d) The replacement required by this AD shall be done in 
accordance with FL Aerospace Lovaux Modification Leaflet No. B2/MOD/
047, dated August 31, 1994. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from FLS 
Aerospace (Lovaux) Ltd., Bournemouth International Airport, 
Christchurch, Dorset BH23 6NW, England. Copies may be inspected at 
the FAA, Central Region, Office of the Assistant Chief Counsel, Room 
1558, 601 E. 12th Street, Kansas City, Missouri, or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.
    (e) This amendment (39-9865) becomes effective on January 13, 
1997.

    Issued in Kansas City, Missouri, on December 16, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-32436 Filed 12-26-96; 8:45 am]
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