[Federal Register Volume 64, Number 11 (Tuesday, January 19, 1999)]
[Proposed Rules]
[Pages 2863-2864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1067]


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 Proposed Rules
                                                 Federal Register
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 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.
 
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  Federal Register / Vol. 64, No. 11 / Tuesday, January 19, 1999 / 
Proposed Rules  

[[Page 2863]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-82-AD]
RIN 2120-AA64


Airworthiness Directives; Avions Pierre Robin Model R2160 
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 all Avions Pierre Robin Model R2160 airplanes. 
The proposed AD would require repetitively inspecting the vertical 
stabilizer spar in the area of the lower fitting of the rudder for 
cracks, loose rivets, or spar web distortion; and modifying the 
vertical stabilizer spar either immediately or at a certain time period 
depending on whether discrepancies are found during the inspections. 
The proposed AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for France. 
The actions specified by the proposed AD are intended to detect defects 
(cracks, loose rivets, or spar web distortion) in the vertical 
stabilizer spar, which could result in structural failure of the 
vertical stabilizer with possible reduced or loss of control of the 
airplane.

DATES: Comments must be received on or before February 22, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Regional Counsel, 
Attention: Rules Docket No. 98-CE-82-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 Avions Pierre Robin, 1, route de Troyes, 21121 Darois-France; 
telephone: 80 44 20 50; facsimile: 80 35 60 80. This information also 
may be examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Karl M. Schletzbaum, Aerospace 
Engineer, FAA, Small Airplane Directorate, 1201 Walnut, suite 900, 
Kansas City, Missouri 64106; telephone: (816) 426-6932; 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. 98-CE-82-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. 98-CE-82-AD, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

Discussion

    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist or could develop on all Avions Pierre Robin Model 
R2160 airplanes. The DGAC reports cracks found on the vertical 
stabilizer in the area of the lower fitting of the rudder.
    This condition, if not corrected, could result in structural 
failure of the vertical stabilizer with possible reduced or loss of 
control of the airplane.

Relevant Service Information

    Avions Pierre Robin has issued Service Bulletin No. 120, dated 
September 27, 1990, which specifies procedures for inspecting the 
vertical stabilizer spar for cracks, loose rivets, or spar web 
distortion. This service bulletin also specifies modifying the vertical 
stabilizer spar if a discrepancy is found by incorporating Avions 
Pierre Robin Kit No. 97.40.03.
    The DGAC classified this service bulletin as mandatory and issued 
French AD 90-224(A), dated December 12, 1990, in order to assure the 
continued airworthiness of these airplanes in France.

The FAA's Determination

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above.
    The FAA has examined the findings of the DGAC; 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 Avions Pierre Robin Model R2160 airplanes of 
the same type design registered in the United States, the FAA is 
proposing AD action. The proposed AD would require repetitively

[[Page 2864]]

inspecting the vertical stabilizer spar in the area of the lower 
fitting of the rudder for cracks, loose rivets, or spar web distortion; 
and modifying the vertical stabilizer spar either immediately or at a 
certain time period depending on whether discrepancies are found during 
the inspections.
    Accomplishment of the proposed inspections would be required in 
accordance with Avions Pierre Robin Service Bulletin No. 120, dated 
September 27, 1990. The modification will be required in accordance 
with the instructions included with Avions Pierre Robin Kit No. 
97.40.03, as specified in Avions Pierre Robin Service Bulletin No. 120, 
dated September 27, 1990.

Cost Impact

    The FAA estimates that 10 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 20 
workhours per airplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Parts cost 
approximately $100 per airplane. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be $13,000, 
or $1,300 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 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:

Avions Pierre Robin: Docket No. 98-CE-82-AD.

    Applicability: Model R2160 airplanes, all serial numbers, 
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 (f) 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 as indicated in the body of this AD, unless 
already accomplished.
    To detect defects (cracks, loose rivets, or spar web distortion) 
in the vertical stabilizer spar, which could result in structural 
failure of the vertical stabilizer with possible reduced or loss of 
control of the airplane, accomplish the following:
    (a) Within the next 50 hours time-in-service (TIS) after the 
effective date of this AD, and thereafter at intervals not to exceed 
100 hours TIS until the modification required by paragraph (b) of 
this AD is incorporated, inspect the vertical stabilizer spar in the 
area of the lower fitting of the rudder for cracks, loose rivets, or 
spar web distortion. Accomplish this inspection in accordance with 
the instructions in Avions Pierre Robin Service Bulletin No. 120, 
dated September 27, 1990.
    (b) At whichever of the compliance times in paragraphs (b)(1) 
and (b)(2) of this AD that occurs first, modify the vertical 
stabilizer spar by incorporating Avions Pierre Robin Kit No. 
97.40.03 in accordance with the instructions to this kit, as 
specified in Avions Pierre Robin Service Bulletin No. 120, dated 
September 27, 1990.
    (1) Prior to further flight if cracks, loose rivets, or spar web 
distortion are/is found during any inspection required by paragraph 
(a) of this AD; or
    (2) Within the next 12 calendar months after the effective date 
of this AD.
    (c) Modifying the vertical stabilizer spar as specified in 
paragraph (b) of this AD is considered terminating action for the 
repetitive inspection requirement of this AD.
    (d) As of the effective date of this AD, no person may install, 
on any affected airplane, a vertical stabilizer spar that has not 
been modified as specified in paragraph (b) of this AD.
    (e) 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.
    (f) An alternative method of compliance or adjustment of the 
compliance times that provides an equivalent level of safety may be 
used if approved by the Manager, Small Airplane Directorate, FAA, 
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.

    (g) Questions or technical information related to the service 
information referenced in this AD should be directed to Avions 
Pierre Robin, 1 route de Troyes 21121 Darois, France; telephone: 
03.80.44.20.50; facsimile: 03.80.35.60.80. 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 French AD 90-
224(A), dated December 12, 1990.

    Issued in Kansas City, Missouri, on January 12, 1999.
Larry E. Werth,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-1067 Filed 1-15-99; 8:45 am]
BILLING CODE 4910-13-P