[Federal Register Volume 66, Number 214 (Monday, November 5, 2001)]
[Proposed Rules]
[Pages 55894-55896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27654]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 214 / Monday, November 5, 2001 / 
Proposed Rules  

[[Page 55894]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-03-AD]
RIN 2120-AA64


Airworthiness Directives; Eagle Aircraft Pty. Ltd. Model 150B 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain Eagle Aircraft Pty. Ltd. (Eagle) Model 
150B airplanes. This proposed AD would require you to modify the 
attachment of the port and starboard throttle arms, and the starboard 
bushing of the throttle torque tube. This proposed AD is the result of 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Australia. The actions specified by this 
proposed AD are intended to prevent failure of the throttle control 
assembly caused by wrong sized rivets. Such failure could lead to 
reduced control of the airplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before December 3, 2001.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2001-CE-03-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.
    You may get service information that applies to this proposed AD 
from Eagle Aircraft Pty. Ltd., Lot 700 Cockburn Road, Henderson WA 6166 
Australia; telephone: (08) 9410 1077; facsimile: (08) 9410 2430. You 
may also view this information at the Rules Docket at the address 
above.

FOR FURTHER INFORMATION CONTACT: Fredrick A. Guerin, Aerospace 
Engineer, FAA, Los Angeles Aircraft Certification Office, 3960 
Paramount Boulevard, Lakewood, California 90712; telephone: (562) 627-
5232; facsimile: (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? The FAA invites comments on 
this proposed rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments to the address specified under the caption 
ADDRESSES. We will consider all comments received on or before the 
closing date. We may amend this proposed rule in light of comments 
received. Factual information that supports your ideas and suggestions 
is extremely helpful in evaluating the effectiveness of this proposed 
AD action and determining whether we need to take additional rulemaking 
action.
    Are there any specific portions of this proposed AD I should pay 
attention to? The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed rule that might suggest a need to modify the rule. You may 
view all comments we receive before and after the closing date of the 
rule in the Rules Docket. We will file a report in the Rules Docket 
that summarizes each contact we have with the public that concerns the 
substantive parts of this proposed AD.
    How can I be sure FAA receives my comment? If you want FAA to 
acknowledge the receipt of your comments, you must include a self-
addressed, stamped postcard. On the postcard, write ``Comments to 
Docket No. 2001-CE-03-AD.'' We will date stamp and mail the postcard 
back to you.

Discussion

    What events have caused this proposed AD? The Civil Aviation Safety 
Authority (CASA), which is the airworthiness authority for Australia, 
notified FAA that an unsafe condition may exist on certain Eagle Model 
150B airplanes. The CASA reports that Eagle manufactured certain Model 
150B airplanes with wrong sized rivets on the throttle control 
assembly. Installed rivets that are not the right size have resulted in 
reduced structural integrity of the throttle control assembly.
    What are the consequences if the condition is not corrected? If 
this condition is not corrected, failure of the throttle control 
assembly could result. Such failure could lead to reduced control of 
the airplane.
    Is there service information that applies to this subject? Eagle 
has issued Service Bulletin 1067, Revision 1, dated October 21, 1999.
    What are the provisions of this service information? The service 
bulletin includes procedures to:

--Replace existing \3/32\-inch rivets, which attach the throttle torque 
tubes to the port and starboard throttle arms, with \1/8\-inch solid-
head rivets; and
--Replace the \1/8\-inch rivet in the starboard bushing of the throttle 
torque tube with a \5/32\-inch screw.

    What action did the CAA take? The CASA classified this service 
bulletin as mandatory and issued Australian AD Number X-TS/4, effective 
July 6, 2000, in order to ensure the continued airworthiness of these 
airplanes in Australia.
    Was this in accordance with the bilateral airworthiness agreement? 
This airplane model is manufactured in Australia 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 CASA has 
kept FAA informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of 
This Proposed AD

    What has FAA decided? The FAA has examined the findings of the 
CASA; reviewed all available information, including the service 
information referenced above; and determined that:

--The unsafe condition referenced in this document exists or could 
develop on other Eagle Model 150B of the same type design that are on 
the U.S. registry;
--The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes; and

[[Page 55895]]

--AD action should be taken in order to correct this unsafe condition.

    What would this proposed AD require? This proposed AD would require 
you to incorporate the actions in the previously-referenced service 
bulletin.

Cost Impact

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 5 airplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected airplanes? We estimate the following costs to 
accomplish the proposed modification:

----------------------------------------------------------------------------------------------------------------
                                                            Total cost per
               Labor cost                    Parts cost        airplane         Total cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
2 workhours  x  $60 = $120..............             $50             $170   $170  x  5 = $850.
----------------------------------------------------------------------------------------------------------------

Regulatory Impact

    Would this proposed AD impact various entities? The regulations 
proposed herein would 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. Therefore, it is determined that this 
proposed rule would not have federalism implications under Executive 
Order 13132.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
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, under 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. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

Eagle Aircraft Pty. Ltd.: Docket No. 2001-CE-03-AD.

    (a) What airplanes are affected by this AD? This AD affects 
Model 150B airplanes, serial numbers 001 through 021, that are 
certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above airplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent failure of the throttle control 
assembly. Such failure could lead to reduced control of the 
airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
Replace the existing \3/32\-  Within the next 100   In accordance with
 inch rivets, which attach     hours time-in-        Eagle Service
 the throttle torque tubes     service (TIS) after   Bulletin 1067,
 to the port and starboard     the effective date    Revision 1, date
 throttle arms, with \1/8\-    of this AD.           October 21, 1999.
 inch solid-head rivets, and
 replace the \1/8\-inch
 rivet in the starboard
 bushing of the throttle
 torque tube with a \5/32\-
 inch screw.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Los Angeles Aircraft Certification Office 
(ACO), approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Los Angeles ACO.

    Note 1: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 (e) 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Fredrick A. Guerin, 
Aerospace Engineer, FAA, Los Angeles Aircraft Certification Office, 
3960 Paramount Boulevard, Lakewood, California 90712; telephone: 
(562) 627-5232; facsimile: (562) 627-5210.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents referenced in this AD from Eagle 
Aircraft Pty. Ltd., Lot 700 Cockburn Road, Henderson WA 6166 
Australia; telephone: (08) 9410 1077; facsimile: (08) 9410 2430. You 
may view these documents at FAA, Central Region, Office of the 
Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

    Note 2: The subject of this AD is addressed in Australian AD 
Number X-TS/4, effective July 6, 2000.



[[Page 55896]]


    Issued in Kansas City, Missouri, on October 26, 2001.
Michael K. Dahl,
 Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-27654 Filed 11-2-01; 8:45 am]
BILLING CODE 4910-13-U