[Federal Register Volume 63, Number 70 (Monday, April 13, 1998)]
[Proposed Rules]
[Pages 17969-17970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9585]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-CE-143-AD]
RIN 2120-AA64


Airworthiness Directives; AERMACCHI, S.p.A. Models F.260, F.260B, 
F.260C, and F.260D Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain AERMACCHI, S.p.A. (AERMACCHI) Models 
F.260, F.260B, F.260C, and F.260D airplanes. The proposed AD would 
require marking the airspeed indicator to indicate the correct flap 
operation range and stall speed of the airplane. The proposed AD is the 
result of mandatory continuing airworthiness information (MCAI) issued 
by the airworthiness authority for Italy. The actions specified by the 
proposed AD are intended to prevent the airplane from stalling at an 
airspeed higher than designed, which could result in loss of control of 
the airplane.

DATES: Comments must be received on or before May 12, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 97-CE-143-AD, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106. Comments may be inspected at this 
location between 8 a.m. and 4 p.m., Monday through Friday, holidays 
excepted.
    Service information that applies to the proposed AD may be obtained 
from AERMACCHI, Product Support, Via Indipendenza 2, 21018 Sesto 
Calende (VA), Italy; telephone: +39-331-929117; facsimile: +39-331-
922525. This information also may be examined at the Rules Docket at 
the address above.

FOR FURTHER INFORMATION CONTACT: Mr. David O. Keenan, Project Officer, 
FAA, Small Airplane Directorate, Aircraft Certification Service, 1201 
Walnut, suite 900, Kansas City, Missouri 64106; telephone: (816) 426-
6934; facsimile: (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 97-CE-143-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Regional Counsel, Attention: 
Rules Docket No. 97-CE-143-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The Registro Aeronautico Italiano (R.A.I.), which is the 
airworthiness authority for Italy, recently notified the FAA that an 
unsafe condition may exist on certain AERMACCHI Models F.260, F.260B, 
F.260C, and F.260D airplanes. The R.A.I. reports that a discrepancy was 
found in the stall speed of one of these airplanes during a 
manufacturer's flight test. The flight test resulted in the discovery 
that the airplane stalls at an airspeed 5 knots higher than is 
indicated on the airspeed indicator. Specifically, the arc that 
indicates the stall speed and flap operation range is incorrect.
    This condition, if not corrected, could result in the airplane 
stalling at a higher airspeed than designed, which could result in loss 
of control of the airplane.

Relevant Service Information

    AERMACCHI has issued SIAI Marchetti, Sp.A. Service Bulletin No. 
260B54, dated May 28, 1993, which specifies procedures for ensuring the 
correct stall speed and flap operation range by marking the airspeed 
indicator with a black arc between the numbers 0 and 63.5.
    The R.A.I. classified this service bulletin as mandatory and issued 
Italian AD 93-220, dated July 29, 1993, in order to assure the 
continued airworthiness of these airplanes in Italy.

The FAA's Determination

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

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other AERMACCHI Models F.260, F.260B, F.260C, and 
F.260D airplanes of the same type design registered in the United 
States, the FAA is proposing AD action. The proposed AD would require 
marking the airspeed indicator with a black arc to indicate the correct 
stall speed and flap operation range of the airplane. Accomplishment of 
the proposed action would be in accordance with SIAI Marchetti S.p.A. 
Service Bulletin No. 260B54, dated May 28, 1993.

Cost Impact

    The FAA estimates that 60 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 1 
workhour per airplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Materials for marking 
the airspeed indicator can be obtained locally. Based on these figures, 
the total cost impact of the proposed AD on U.S. operators is estimated 
to be $3,600 or $60 per airplane.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects on the States, on the relationship between the national 
government and

[[Page 17970]]

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 proposal would 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) if promulgated, 
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 copy of the draft regulatory evaluation 
prepared for this action has been placed in the Rules Docket. A copy of 
it may be obtained by contacting the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

AERMACCHI, S.P.A.: Docket No. 97-CE-143-AD.

    Applicability: Models F.260, F.260B, F.260C, and F.260D 
airplanes, serial numbers 001 through 848, certificated in any 
category.

    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 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 within the next 100 hours time-in-service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent stalling the airplane at an airspeed higher than 
anticipated, which could result in loss of control of the airplane, 
accomplish the following:
    (a) Mark the airspeed indicator with a black arc between the 
numbers 0 and 63.5 in accordance with the Instructions section of 
SIAI Marchetti S.p.A. Service Bulletin No. 260B54, dated May 28, 
1993.
    (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, Small Airplane Directorate, 1201 Walnut, 
suite 900, Kansas City, Missouri 64106. The request shall be 
forwarded through an appropriate FAA Maintenance Inspector, who may 
add comments and then send it to the Manager, Small Airplane 
Directorate.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate.

    (d) Questions or technical information related to SIAI Marchetti 
Service Bulletin No. 260B54, dated May 28, 1993, should be directed 
to AERMACCHI, Product Support, Via Indipendenza 2, 21018 Sesto 
Calende (VA), Italy; telephone: +39-331-929117; facsimile: +39-331-
922525. This service information may be examined at the FAA, Central 
Region, Office of the Regional Counsel, Room 1558, 601 E. 12th 
Street, Kansas City, Missouri 64106.

    Note 3: The subject of this AD is addressed in Italian AD 93-
220, dated July 29, 1993.

    Issued in Kansas City, Missouri, on April 3, 1998.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 98-9585 Filed 4-10-98; 8:45 am]
BILLING CODE 4910-13-U