[Federal Register Volume 64, Number 40 (Tuesday, March 2, 1999)]
[Proposed Rules]
[Pages 10116-10118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5035]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-79-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 certain Avions Pierre Robin Model R2160 
airplanes. The proposed AD would require replacing the wing attachment 
bolts and associated hardware. The proposed AD is the result of 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for France. The actions specified in this 
proposed AD are intended to prevent a wing from separating from the 
airplane caused by damaged wing attachment bolts, which could result in 
loss of control of the airplane.

DATES: Comments must be received on or before March 26, 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-79-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: 33-3 80 44 20 50; facsimile: 33-3 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-79-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-79-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 on certain Avions Pierre Robin Model R2160 
airplanes. The DGAC reports that possible damage (distortion, fretting, 
corrosion, damaged threads) could exist in the wing attachment bolts on 
the above-referenced airplanes.
    This condition, if not corrected, could result in a wing separating 
from the airplane with consequent loss of control of the airplane.

Relevant Service Information

    Avions Pierre Robin has issued the following:


[[Page 10117]]


--Service Bulletin No. 145, rev. 2, dated January 11, 1999, which 
specifies inspecting the torque value of the wing attachment bolts; and
--NOTE NAV 96-3, dated May 2, 1996, which includes the procedures for 
replacing the wing attachment bolts and all associated hardware.

    The DGAC classified this service information bulletin as mandatory 
and issued French AD 96-051(A) R1, dated June 5, 1996, 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 
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 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 replacing the wing 
attachment bolts and associated hardware.
    Accomplishment of the proposed replacement would be required in 
accordance with Avions Pierre Robin NOTE NAV 96-3, dated May 2, 1996.

Differences Between Service Bulletin, French AD, and This Proposed 
AD

    Avions Robin Service Bulletin No. 145, rev. 2, dated January 11, 
1999, and NAV 96-3, dated May 2, 1996, specify checking the torque 
value of the wing attachment bolts at each 100-hour maintenance visit, 
and French AD 96-051(A) R1, dated June 5, 1996, requires these checks 
for those airplanes registered for operation in France.
    These checks are part of the maintenance schedule and are 
considered a general maintenance item. Because the FAA has no 
justification to mandate AD action for general maintenance, the 
proposed AD only incorporates the replacement of the wing attachment 
bolts and associated hardware and does not include the torque value 
checks.

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 40 
workhours per airplane to accomplish the proposed replacements, and 
that the average labor rate is approximately $60 per work hour. Parts 
cost approximately $200 per airplane. Based on these figures, the total 
cost impact of the proposed AD on U.S. operators is estimated to be 
$26,000, or $2,600 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-79-AD.
    Applicability: Model R2160 airplanes, serial numbers 001 through 
264, 266 through 269, and 272 through 288; 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 (d) 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 prevent a wing from separating from the airplane caused by 
damaged wing attachment bolts, which could result in loss of control 
of the airplane, accomplish the following:
    (a) Within the next 100 hours time-in-service (TIS) after the 
effective date of this AD, replace the wing attachment bolts and 
associated hardware, in accordance with Avions Pierre Robin NOTE NAV 
96-3, dated May 2, 1996.
    (b) As of the effective date of this AD, no person may install, 
on any affected airplane, wing attachment bolts and associated 
hardware that are not specified in Avions Pierre Robin NOTE NAV 96-
3, dated May 2, 1996, unless the parts are an FAA-approved 
equivalent to that referenced in the service information.
    (c) 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.
    (d) 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.
    (e) 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: 
33-3 80 44 20 50; facsimile: 33-3 80 35 60 80. This service

[[Page 10118]]

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 96-
051(A) R1, dated June 5, 1996.

    Issued in Kansas City, Missouri, on February 22, 1999.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-5035 Filed 3-1-99; 8:45 am]
BILLING CODE 4910-13-U