[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Proposed Rules]
[Pages 37102-37105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15726]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-23-AD]
RIN 2120-AA64


Airworthiness Directives; Eagle Aircraft (Malaysia) Sdn. Bhd. 
Model 150B 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 Eagle Aircraft (Malaysia) Sdn. Bhd. 
(Eagle) Model 150B airplanes. This proposed AD would require you to 
modify the canard rear spar and the rear spar attachment bracket. This 
proposed AD is the result of mandatory continuing

[[Page 37103]]

airworthiness information (MCAI) issued by the airworthiness authority 
for Australia. The type design responsibility has been transferred from 
Australia to Malaysia since the release of the MCAI. The actions 
specified by this proposed AD are intended to prevent detachment of the 
rear spar bracket from the canard rear spar, which could result in 
failure of the canard rear spar. Such failure 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 July 25, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2000-CE-23-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-23-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 Eagle Aircraft (Malaysia) Sdn. Bhd., Composites Technology City, 
Batu Barendam Airport, 75350 Batu Barendam, Melaka, Malaysia. 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 Blvd., Lakewood, CA 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 proposed 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-23-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 the rear spar attachment bracket does not meet required 
strength specifications for installation on composite airplanes. These 
strength specifications are necessary to ensure that the rear spar does 
not detach from the canard rear spar.
    The manufacturer has redesigned these parts in order meet required 
strength specifications.

What Are The Consequences if the Condition Is Not Corrected?

    This condition, if not corrected, could result in failure of the 
canard rear spar. Failure of the canard rear spar could result in 
failure of the canard and loss of control of the airplane.

Is There Service Information That Applies to This Subject?

    Eagle has issued Service Bulletin No. 1074, Revision 1, dated 
October 19, 1999.

What Are The Provisions of This Service Information?

    The service bulletin includes procedures for:

--Trimming the rear spar bracket;
--Smoothing the transition surface for preparation of layups;
--Applying additional plies;
--Replacing the console support bracket and Vinikor cap; and
--Bonding on additional brackets.

What Action Did CASA Take?

    The CASA classified this service bulletin as mandatory and issued 
Australian AD No. X-TS/3, dated December 24, 2000, in order to assure 
the continued airworthiness of these airplanes in the Australia.

Was This in Accordance With the Bilateral Airworthiness Agreement?

    The affected airplanes were manufactured in Australia and are 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, CASA had 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 airplanes 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
--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.

How Does the Revision to 14 CFR Part 39 Affect This Proposed AD?

    On July 10, 2002, FAA published a new version of 14 CFR part 39 (67 
FR 47997, July 22, 2002), which governs FAA's AD system. This 
regulation now includes material that relates to special flight 
permits, alternative methods of compliance, and altered products. This 
material previously was included in each individual AD. Since this 
material is included in 14 CFR part 39, we will not include it in 
future AD actions.

[[Page 37104]]

Cost Impact

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 7 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 this proposed 
modification:

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                                                               Total cost per
            Labor cost                    Parts cost              airplane         Total cost on  U.S. operators
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4 workhours x $60 per hour = $240.  $135 per airplane....  $240 + $135 = $375     $375 x 7 = $2,625.
                                                            per airplane.
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    The proposed modification to the rear spar and the rear spar 
attachment bracket would require 25 hours for cure and post cure time.

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 (Malaysia) SDN. BHD.: Docket No. 2000-CE-23-AD.

    (a) What airplanes are affected by this AD? This AD affects 
Model 150B airplanes, serial numbers 001 through 003 and 005 through 
030, 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 detachment of the rear spar bracket 
from the canard rear spar, which could result in failure of the 
canard rear spar. Such failure 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
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(1) Modify the canard rear spar   Within the next     Accomplish the
 by adding additional laminated    100 hours time-in-  modification in
 plies; modifying the rear spar    service (TIS)       accordance with
 bracket; replacing the existing   after the           Eagle Service
 console support bracket with a    effective date of   Bulletin 1074,
 new part (part number (P/N)       this AD, unless     Revision 1, dated
 3100D41-001); modifying the       already             October 19, 1999,
 Vinikor cap; and installing an    accomplished.       except as noted
 additional support bracket (P/N                       in paragraph
 581B131-03) and rear spar                             (d)(2) of this AD
 bracket cap (P/N EO(VAR) 15566-
 01 or 581B131-02, as
 applicable).
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[[Page 37105]]

 
(2) The following instructions    As of the
 in the service bulletin are       effective date of
 incorrect and you must use the    this AD.
 information provided in this
 AD..
(i) The instructions for
 installing console support
 bracket (P/N 3100D41-01) as
 specified in paragraph 9.6.9 of
 Eagle Service Bulletin 1074,
 Revision 1, dated October 19,
 1999, are incorrect. The
 correct instructions are to
 install a new console support
 bracket (P/N 3100D41-01)
 instead of re-installing the
 removed bracket. The
 information contained in this
 AD takes precedence over the
 manufacturer's service
 bulletin; and.
(ii) The rear spar bracket
 support P/N specified in
 paragraph 9.7.2 of Eagle
 Service Bulletin 1074, Revision
 1, dated October 19, 1999, is
 incorrect. The correct P/N is
 581B131-03. The information
 contained in this AD takes
 precedence over the
 manufacturer's service
 bulletin..
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    (e) Can I comply with this AD in any other way? To use an 
alternative method of compliance or adjust the compliance time, 
follow the procedures in 14 CFR 39.19. Send these requests to the 
Manager, Los Angeles Aircraft Certification Office (ACO). For 
information on any already approved alternative methods of 
compliance, contact Fredrick A. Guerin, Aerospace Engineer, FAA, Los 
Angeles Aircraft Certification Office, 3960 Paramount Blvd., 
Lakewood, CA 90712; telephone: (562) 627-5232; facsimile: (562) 627-
5210.
    (f) 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 (Malaysia) Sdn. Bhd., Composites Technology City, Batu 
Barendam Airport, 75350 Batu Barendam, Melaka, Malaysia. You may 
view these documents at FAA, Central Region, Office of the Regional 
Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

    Note: The subject of this AD is addressed in Australian AD No. 
X-TS/3, dated December 24, 2000.


    Issued in Kansas City, Missouri, on June 16, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-15726 Filed 6-20-03; 8:45 am]
BILLING CODE 4910-13-P