[Federal Register Volume 68, Number 184 (Tuesday, September 23, 2003)]
[Rules and Regulations]
[Pages 55191-55193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23677]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 184 / Tuesday, September 23, 2003 / 
Rules and Regulations  

[[Page 55191]]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-23-AD; Amendment 39-13310; AD 2003-19-07]
RIN 2120-AA64


Airworthiness Directives; Eagle Aircraft (Malaysia) Sdn. Bhd. 
Model 150B Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Eagle Aircraft (Malaysia) Sdn. Bhd. (Eagle) Model 
150B airplanes. This AD requires you to modify the canard rear spar and 
the rear spar attachment bracket. This AD is the result of mandatory 
continuing 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 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: This AD becomes effective on November 3, 2003.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
November 3, 2003.

ADDRESSES: You may get the service information referenced in this AD 
from Eagle Aircraft (Malaysia) Sdn. Bhd., Composites Technology City, 
Batu Barendam Airport, 75350 Batu Barendam, Melaka, Malaysia. You may 
view this information at the Federal Aviation Administration (FAA), 
Central Region, Office of the Regional Counsel, Attention: Rules Docket 
No. 2000-CE-23-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 Blvd., Lakewood, CA 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 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 
bracket does not detach from the canard rear spar.
    The manufacturer has redesigned these parts in order to meet 
required strength specifications.

What Is the Potential Impact if FAA Took No Action?

    This condition, if not corrected, could result in failure of the 
canard rear spar. Failure of the canard rear spar could result in loss 
of 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 June 23, 
2003 (68 FR 37102). The NPRM proposed to require you to modify the 
canard rear spar and the rear spar attachment bracket.

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.

How Does the Revision to 14 CFR Part 39 Affect This 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.

Cost Impact

How Many Airplanes Does This AD Impact?

    We estimate that this AD affects 7 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:

----------------------------------------------------------------------------------------------------------------
                                                              Total cost per
            Labor cost                    Parts cost             airplane          Total cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
4 workhours x $60 per hour = $240.  $135 per airplane....  $240 + $135 = $375    $375 x 7 = $2,625.
                                                            per airplane.
----------------------------------------------------------------------------------------------------------------


[[Page 55192]]

    The modification to the rear spar and the rear spar attachment 
bracket will require 25 hours for cure and post cure time.

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

0
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

0
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]

0
2. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2003-19-07 Eagle Aircraft (Malaysia) SDN. BHD.: Amendment 39-13310; 
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
------------------------------------------------------------------------
(1) Modify the canard rear    Within the next 100   Do the modification
 spar by adding additional     hours time-in-        in accordance with
 laminated plies; modifying    service (TIS) after   Eagle Service
 the rear spar bracket;        November 3, 2003      Bulletin 1074,
 replacing the existing        (the effective date   Revision 1, dated
 console support bracket       of this AD), unless   October 19, 1999,
 with a new part (part         already               except as noted in
 number (P/N) 3100D41-001);    accomplished.         paragraph (d)(2) of
 modifying the Vinikor cap;                          this AD
 and installing an
 additional support bracket
 (P/N 581B131-03) and rear
 spar bracket cap (P/N
 EO(VAR) 15566-01 or 581B131-
 02, as applicable).
-----------------------------
(2) The following             As of November 3,
 instructions in the service   2003 (the effective
 bulletin are incorrect and    date of this AD).
 you must use the
 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.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? To use an 
alternative method of compliance or adjust the compliance time, use 
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) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Eagle Service Bulletin 1074, Revision 1, dated October 19, 
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 may get copies from Eagle Aircraft Eagle Aircraft (Malaysia) 
Sdn. Bhd., Composites Technology City, Batu Barendam Airport, 75350 
Batu Barendam, Melaka, Malaysia. You may view 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.


[[Page 55193]]


    Note: The subject of this AD is addressed in Australian AD No. 
X-TS/3, dated December 24, 1999.

    (g) When does this amendment become effective? This amendment 
becomes effective on November 3, 2003.

    Issued in Kansas City, Missouri, on September 10, 2003.
Frank P. Paskiewicz,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-23677 Filed 9-22-03; 8:45 am]
BILLING CODE 4910-13-P