[Federal Register Volume 67, Number 23 (Monday, February 4, 2002)]
[Rules and Regulations]
[Pages 5043-5044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2318]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-03-AD; Amendment 39-12629; AD 2002-02-01]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

DATES: This AD becomes effective on March 21, 2002.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of March 
21, 2002.

ADDRESSES: You may get the service information 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 this information at the Federal Aviation Administration (FAA), 
Central Region, Office of the Regional Counsel, Attention: Rules Docket 
No. 2001-CE-03-AD, 901 Locust, Room 506, 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: 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:

Discussion

What Events Have Caused This 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 
rivets of the wrong size 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 Is the Potential Impact if FAA Took no Action?

    If this condition is not corrected, failure of the throttle control 
assembly could result. Such failure could lead to reduced control of 
the airplane.

Has FAA Taken any Action to This Point?

    We issued a proposal to amend part 39 of the Federal Aviation 
Regulations (14 CFR part 39) to include an AD that would apply to 
certain Eagle Model 150B airplanes. This proposal was published in the 
Federal Register as a notice of proposed rulemaking (NPRM) on November 
5, 2001 (66 FR 55894). The NPRM proposed to require you 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.

Was the Public Invited To Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. We did not receive any comments on the proposed rule 
or on our determination of the cost to the public.

FAA's Determination

What Is FAA's Final Determination on This Issue?

    After careful review of all available information related to the 
subject presented above, we have determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. We have determined that these minor 
corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and
--do not add any additional burden upon the public than was already 
proposed in the NPRM.

Cost Impact

How Many Airplanes Does This AD Impact?

    We estimate that this AD affects 5 airplanes in the U.S. registry.

What Is the Cost Impact of This AD on Owners/Operators of the Affected 
Airplanes?

    We estimate the following costs to accomplish the modification:

[[Page 5044]]



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

Does This AD Impact Various Entities?

    The regulations adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    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 copy of the final evaluation prepared for this 
action is contained 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under 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. FAA amends Sec. 39.13 by adding a new AD to read as follows:

2002-02-01 Eagle Aircraft PTY. Ltd.: Amendment 39-12629; 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 airplanes identified in paragraph (a) of this AD 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     March 21, 2002 (the   Revision 1, dated
 throttle arms, with \1/8\-    effective date of     October 21, 1999.
 inch solid-head rivets, and   this AD).
 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) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Eagle Service Bulletin 1067, Revision 1, dated October 21, 
1999. The Director of the Federal Register approved this 
incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. 
You can get copies Eagle Aircraft Pty. Ltd., Lot 700 Cockburn Road, 
Henderson WA 6166 Australia. You can look at copies at the FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.

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

    (i) When does this amendment become effective? This amendment 
becomes effective on March 21, 2002.

    Issued in Kansas City, Missouri, on January 24, 2002.
Michael K. Dahl,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-2318 Filed 2-1-02; 8:45 am]
BILLING CODE 4910-13-P