[Federal Register Volume 67, Number 217 (Friday, November 8, 2002)]
[Proposed Rules]
[Pages 68052-68054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28409]



[[Page 68052]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-66-AD]
RIN 2120-AA64


Airworthiness Directives; Robert E. Rust Models DeHavilland DH.C1 
Chipmunk 21, 22, and 22A 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 Robert E. Rust (R.E. Rust) Models 
DeHavilland DH.C1 Chipmunk 21, 22, and 22A airplanes. This proposed AD 
would require you to check the airplane logbook to determine whether 
certain modifications have been incorporated on the airplane and 
incorporate the modifications that have not already been accomplished. 
This proposed AD is the result of the manufacturer performing a design 
study on the structural integrity of certain parts and reports of 
service failure of other parts installed on the affected airplanes. The 
actions specified by this proposed AD are intended to prevent reduced 
structural integrity in the primary structure of the airplane, which 
could result in failure of the rudder torque tube, elevator fasteners, 
and the vertical fin rear spar, or jamming or damage to the elevator. 
Such failures could lead to loss of control of the airplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before January 13, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2000-CE-66-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 also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2000-CE-66-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    You may get service information that applies to this proposed AD 
from DeHavilland Support Limited, Duxford Airfield, Bldg. 213, 
Cambridgeshire, CB2 4QR, United Kingdom, telephone: +44 1223 830090, 
facsimile: +44 1223 830085, e-mail: [email protected]. You may also 
view this information at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Cindy Lorenzen, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office, 1895 Phoenix Boulevard, 
Suite 450, Atlanta, Georgia; telephone: (770) 703-6078; facsimile: 
(770) 703-6097.

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 mailed comments, 
you must include a self-addressed, stamped postcard. On the postcard, 
write ``Comments to Docket No. 2000-CE-66-AD.'' We will date stamp and 
mail the postcard back to you.

Discussion

What Events Have Caused This Proposed AD?

    The FAA has received reports that an unsafe condition may exist on 
certain R.E. Rust Models DeHavilland DH.C1 Chipmunk 21, 22, and 22A 
airplanes. Failure reports of the rudder torque tube and elevator 
control fasteners on in-service airplanes and design studies by the 
manufacturer on the structural integrity of the glider towing 
attachment bolt and the vertical fin rear spar prompted us to issue 
this proposed AD.
    We have determined that failure of the rudder torque tube, the 
elevator control fasteners, the vertical fin rear spar, and the glider 
towing attachment bolt is caused by fatigue cracking and overload. As a 
result of the design studies, the manufacturer developed specific 
modifications to strengthen the affected areas of the airplane.

What Are the Consequences If the Condition Is Not Corrected?

    These conditions, if not corrected, could result in failure of the 
rudder torque tube, elevator fasteners, and the vertical fin rear spar, 
or jamming or damage to the elevator. Such failures could lead to loss 
of control of the airplane.

Is There Service Information That Applies to This Subject?

    British Aerospace Aerostructures Limited (now DeHavilland Support 
Limited) has issued BAe Aircraft Technical News Sheet CT (C1) No. 200, 
Issue 1, dated March 1, 1997.

What Are the Provisions of This Service Information?

    The service information includes procedures for inspecting the 
airplane to:

Determine if Modifications H 225, H 269, and H 360 are incorporated for 
all affected airplanes; and
Determine if Modification H 275 is incorporated for airplanes that 
incorporate Modification H 197 (glider towing capabilities).
    The service information also specifies incorporating these 
modifications if not already incorporated.

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

What Has FAA Decided?

    After examining the circumstances and reviewing all available 
information related to the incidents described above, we have 
determined that:

the unsafe condition referenced in this document exists or could 
develop on other R.E. Rust Models DeHavilland DH.C1 Chipmunk 21, 22, 
and 22A airplanes of the same type design;
the actions specified in the previously-referenced service information 
should be accomplished on the affected airplanes; and
AD action should be taken in order to correct this unsafe condition.

[[Page 68053]]

What Would This Proposed AD Require?

    This proposed AD would require you to check the airplane logbook to 
determine whether certain modifications have been incorporated on the 
airplane and incorporate the modifications that have not already been 
accomplished

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 54 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 any necessary 
modifications that would be required based on the results of the 
proposed logbook check We have no way of determining the number of 
airplanes that may need such modification.

----------------------------------------------------------------------------------------------------------------
        Modification                    Labor cost                Parts cost          Total cost per airplane
----------------------------------------------------------------------------------------------------------------
H 225.......................  40 workhours x 60 = $2,400....  $1,470............  $2,400 + $1,470 = $3,870.
H 269.......................  4 workhours x 60 = $240.......  $203 each (2 per    $240 + $406 ($203 x 2) = $646.
                                                               airplane).
H 275.......................  43 workhours x $60 = $180.....  $203 each (2 per    $180 + $406 ($230 x 2) = $586.
                                                               airplane).
H 360.......................  20 workhours x $60 = $1,200...  $1,150............  $1,200 + $1,150 = $2,350.
----------------------------------------------------------------------------------------------------------------

Compliance Time of This Proposed AD

What Would Be the Compliance Time of This Proposed AD?

    The compliance time of this proposed AD is ``within the next 90 
days after the effective date of this AD.''

Why Is the Proposed Compliance Time Presented in Calendar Time Instead 
of Hours Time-in-Service (TIS)?

    Failure of the rudder torque tube, the elevator control fasteners, 
the vertical fin rear spar, and the glider towing attachment bolt is 
only unsafe during airplane operation. However, this unsafe condition 
is not a result of the number of times the airplane is operated. The 
chance of this situation occurring is the same for an airplane with 50 
hours time-in-service (TIS) as it would be for as airplane with 1,000 
hours TIS.
    For this reason, the FAA has determined that a compliance based on 
calendar time should be utilized in this proposed AD in order to assure 
that the unsafe condition is addressed on all airplanes in a reasonable 
time period.

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:

Robert E. Rust: Docket No. 2000-CE-66-AD

    (a) What airplanes are affected by this AD? This AD affects R.E. 
Rust Models DeHavilland DH.C1 Chipmunk 21, 22, and 22A airplanes, 
serial numbers C1-001 through C1-1014, that are type certificated in 
any category.

    Note 1: We recommend all owners/operators of DeHavilland DH.C1 
Chipmunk 21, 22, and 22A airplanes, serial numbers C1-001 through 
C1-1014, with experimental airworthiness certificates comply with 
the actions required in this AD.

    (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 reduced structural integrity in the 
primary structure of the airplane, which could result in failure of 
the rudder torque tube, elevator fasteners, and the vertical fin 
rear spar, or jamming or damage to the elevator. Such failures could 
lead to loss of 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
----------------------------------------------------------------------------------------------------------------
(1) Check the airplane logbook..........  Within the next 90 days after  The owner/operator holding at least a
(i) For all affected airplanes: to         the effective date of this     private pilot certificate as
 determine if Modifications H 225, H       AD.                            authorized by section 43.7 of the
 269, and H 360 are incorporated; and.                                    Federal Aviation Regulations (14 CFR
(ii) For only these airplanes that                                        43.7) may check the airplane logbook.
 incorporate Modification H 197 (glider
 towing capabilities): to determine if
 Modification H 275 is incorporated..

[[Page 68054]]

 
(2) If, by checking the airplane          Not applicable...............  The owner/operator holding at least a
 logbook, you can positively determine                                    private pilot certificate as
 that all the applicable modifications                                    authorized by section 43.7 of the
 in paragraphs (d)(1)(i) and (d)(1)(ii)                                   Federal Aviation Regulations (14 CFR
 are incorporated, you must make an                                       43.7) may check the airplane logbook.
 entry into the aircraft records that
 shows compliance with paragraphs (d)(1)
 and (d)(2) of this AD in accordance
 with section 43.9 of the Federal
 Aviation Regulations (14 CFR 43.9).
(3) If, by checking the airplane          Within the next 90 days after  British Aerospace Aerostructures
 logbook, you determine that all the       the effective date of this     Limited has issued BAE Aircraft
 applicable modifications in paragraphs    AD, unless already             Technical News Sheet CT (C1) No. 200,
 (d)(1)(i) and (d)(1)(ii) are not          accomplished.                  Issue 1, dated March 1, 1997.
 incorporated, or you cannot positive
 show that they are incorporated..
(1) Incorporate each missing
 modification; and.
(ii) You must make an entry into the
 aircraft records that shows compliance
 with this portion of the AD in
 accordance with seciton 43.9 of the
 Federal Aviation Regulations (14 CFR
 43.9).
(4) Do not incorporate Modification H     As of the effective date of    British Aerospace Aerostructures
 197 unless Modification H 275 has also    this AD.                       Limited has issued BA3 Aircraft
 been incorporated.                                                       Technical News Sheet CT (C1) No. 200,
                                                                          Issue 1, dated March 1, 1997.
----------------------------------------------------------------------------------------------------------------


    Note 2: Although not required by this AD, FAA highly recommends 
you incorporate Modification H 282.

    (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, Atlanta 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, Atlanta ACO.

    Note 3: 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 Cindy Lorenzen, Aerospace 
Engineer, FAA, Atlanta Aircraft Certification Office, 1895 Phoenix 
Boulevard, Suite 450, Atlanta, Georgia; telephone: (770) 703-6078; 
facsimile: (770) 703-6097.
    (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 
DeHavilland Support Limited, Duxford Airfield, Bldg. 213, 
Cambridgeshire, CB2 4QR, United Kingdom, telephone: +44 1223 830090, 
facsimile: +44 1223 830085, e-mail: [email protected]. You may view 
these documents at FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.


    Issued in Kansas City, Missouri, on October 31, 2002.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 02-28409 Filed 11-7-02; 8:45 am]
BILLING CODE 4910-13-P