[Federal Register Volume 69, Number 103 (Thursday, May 27, 2004)]
[Rules and Regulations]
[Pages 30189-30192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11876]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-17890; Directorate Identifier 2004-CE-14-AD; 
Amendment 39-13649; AD 2004-11-04]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Eagle Aircraft (Malaysia) Sdn. Bhd (Eagle Aircraft) Model Eagle 150B 
airplanes. This AD requires you to inspect certain canard inboard flap 
hinge support brackets (initially prior to further flight and 
repetitively before the first flight of each day) and perform any 
necessary follow-up action. This AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authorities for Australia and Malaysia. We are issuing this AD to 
prevent failure of the canard inboard flap hinge support brackets 
caused by undetected cracks. This failure could result in asymmetric 
flap deployment and the inability to lower or raise the flaps with 
consequent loss of control of the airplane.

DATES: This AD becomes effective on June 4, 2004.
    As of June 4, 2004, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.
    We must receive any comments on this AD by June 26, 2004.

ADDRESSES: Use one of the following to submit comments on this AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You may get the service information identified in this AD from 
Eagle Aircraft, P.O. Box 1028, Pejabat Pos Besar Melaka, 75150 Melaka, 
Malaysia; telephone: (606) 317-4105; facsimile: (606) 317-7213.You may 
review copies at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call (202) 741-6030.
    You may view the AD docket at the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC, or at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4059; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The Department of Civil Aviation 
(DCA) for Malaysia recently issued AD No.: CAM AD 001-2004, dated 
January 19, 2004, against Eagle Aircraft Models X-TS, X-TS 150, and 
150B airplanes. CAM AD 001-2004 requires the following for these 
airplanes that are registered for operation in Malaysia:

--a visual inspection of the gusset weld area of the canard inboard 
flap hinge support brackets for cracks (cracked, lifted, or missing 
paint in the area of the weld or suspected cracks);

[[Page 30190]]

--a more detailed inspection (using fluorescent penetrant inspection 
(FPI) methods) if any of the above conditions exist; and
--replacement of any canard inboard flap hinge support bracket with 
cracks and continued repetitive inspections of the replacement bracket.
    The DCA is currently the country with State of Design 
responsibilities on the affected airplanes. Prior to the DCA, the Civil 
Aviation Safety Authority (CASA) of Australia had the State of Design 
responsibilities. During this time, the CASA issued CASA AD/X-TS/5, 
dated October 2003, to address the unsafe condition and require the 
above actions on Models XTS-150 and 150B airplanes registered for 
operation in Australia.
    The Australian and Malaysian ADs were issued based on reports of 
cracks in the gusset weld area of the canard inboard flap hinge support 
brackets on several of the affected airplanes. Neither authority has 
been able to attribute the cracks to a specific cause. The probable 
causes are:
     manufacturing defects: the part might have suffered from a 
burn-through during welding or the outperforming stress relieving 
process after welding;
     design problems: poor distribution of stress concentration 
could create fatigue hotspots; and
     operational problems: pilot exceeds Vfe (flap extension 
speed), inducing loads higher than the certificated limit load).
    In addition, no information exists regarding damage tolerance on 
these brackets to show the part can absorb any kind of crack without 
leading to immediate failure.
    Based on all of this, the CASA and DCA both issued ADs for their 
respective countries that require prior to further flight initial 
inspections and before the first flight of each day repetitive 
inspections.
    The Eagle Aircraft Model Eagle 150B is the only affected airplane 
model type certificated for operation in the United States. There are 
currently 11 of these airplanes on the U.S. registry.
    What is the potential impact if FAA took no action? Cracks in the 
canard inboard flap hinge support brackets, if not detected and 
corrected, could lead to failure of these brackets. This failure could 
result in asymmetric flap deployment and the inability to lower or 
raise the flaps with consequent loss of control of the airplane.
    Is there service information that applies to this subject? Eagle 
Aircraft has issued Mandatory Service Bulletin SB 1109, Revision 
Original, Effective Date August 29, 2003.
    What are the provisions of this service information? The service 
bulletin includes procedures for performing the actions required by AD 
No.: CAM AD 001-2004, dated January 19, 2004.
    Did the CASA of Australia and the DCA of Malaysia inform the United 
States under the bilateral airworthiness agreement? The Model Eagle 
150B airplanes are manufactured in Australia or Malaysia (with Malaysia 
having current State of Design responsibilities) 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.
    Under this bilateral airworthiness agreement, the CASA and DCA have 
kept us informed of the situation described above.

FAA's Determination and Requirements of This AD

    What has FAA decided? We have examined the CASA's and DCA's 
findings, reviewed all available information, and determined that we 
need to issue an AD for products of this type design that are 
certificated for operation in the United States.
    Since the unsafe condition described previously is likely to exist 
or develop on other Eagle Aircraft Model Eagle 150B airplanes of the 
same type design that are registered in the United States, we are 
issuing this AD to prevent failure of the canard inboard flap hinge 
support brackets caused by undetected cracks. This failure could result 
in asymmetric flap deployment and the inability to lower or raise the 
flaps with consequent loss of control of the airplane.
    What does this AD require? This AD requires you to perform the 
actions referenced in the previously-referenced service information.
    In preparing this rule, we contacted type clubs and aircraft 
operators to get technical information and information on operational 
and economic impacts. We did not receive any information through these 
contacts. If received, we would have included a discussion of any 
information that may have influenced this action in the rulemaking 
docket.
    Are there differences between this AD and the Malaysian and 
Australian ADs? Yes. The Australian AD allows an appropriately trained 
pilot to perform the visual inspections of the canard inboard flap 
hinge support brackets. Although the Malaysian AD does not specifically 
state this, it does refer to the Australian AD. Regardless, the Federal 
Aviation Regulations (14 CFR 43.3) only allow the pilot to perform 
preventive maintenance as described in 14 CFR part 43, App. A, 
paragraph (c). These visual inspections are not considered preventive 
maintenance under 14 CFR part 43, App. A, paragraph (c). Therefore, an 
appropriately-rated mechanic must perform all actions of this AD.
    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, we 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 altered products, special flight permits, and 
alternative methods of compliance. 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.

Comments Invited

    Will I have the opportunity to comment before you issue the rule? 
This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment; however, we invite you to submit any written relevant data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include the docket number, ``FAA-2004-17890; 
Directorate Identifier 2004-CE-14-AD'' at the beginning of your 
comments. We will post all comments we receive, without change, to 
http://dms.dot.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact 
with FAA personnel concerning this AD.
    Using the search function of our docket Web site, anyone can find 
and read the comments received into any of our dockets, including the 
name of the individual who sent the comment (or signed the comment on 
behalf of an association, business, labor union, etc.). This is docket 
number FAA-2004-17890; Directorate Identifier 2004-CE-14-AD. You may 
review the DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.
    Are there any specific portions of this AD I should pay attention 
to? We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. If you contact 
us through a nonwritten communication and that contact relates to a 
substantive part of this AD, we will summarize the contact and place 
the summary in the docket.

[[Page 30191]]

We will consider all comments received by the closing date and may 
amend this AD in light of those comments and contacts.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the AD, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5227) is located on 
the plaza level of the Department of Transportation Nassif Building at 
the street address stated in ADDRESSES. You may also view the AD docket 
on the Internet at http://dms.dot.gov. The comments will be available 
in the AD docket shortly after the DMS receives them.

Regulatory Findings

    Will this AD impact various entities? We have determined that this 
AD will not have federalism implications under Executive Order 13132. 
This AD 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.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``Docket No. FAA-2004-17890; Directorate Identifier 2004-CE-14-AD'' in 
your request.

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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2004-11-04 Eagle Aircraft (Malaysia) SDN. BHD: Amendment 39-13649; 
Docket No. FAA-2004-17890; Directorate Identifier 2004-CE-14-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on June 4, 2004.

Are Any Other ADs Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects Model Eagle 150B airplanes, all serial 
numbers, that are certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for 
Malaysia and Australia. We are issuing this AD to prevent failure of 
the canard inboard flap hinge support brackets caused by undetected 
cracks. This failure could result in asymmetric flap deployment and 
the inability to lower or raise the flaps with consequent loss of 
control of the airplane.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

    Note: The Australian AD allows an appropriately trained pilot to 
perform the visual inspections of the canard inboard flap hinge 
support brackets. Although the Malaysian AD does not specifically 
state this, it does refer to the Australian AD. Regardless, the 
Federal Aviation Regulations (14 CFR 43.3) only allow the pilot to 
perform preventive maintenance as described in 14 CFR part 43, App. 
A, paragraph (c).

    These visual inspections are not considered preventive 
maintenance under 14 CFR part 43, App. A, paragraph (c). Therefore, 
an appropriately-rated mechanic must perform all actions of this AD.

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
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(1) Inspect the gusset weld   Initially inspect     Follow Eagle
 area of the canard inboard    prior to the next     Aircraft Mandatory
 flap hinge support            flight after June     Service Bulletin SB
 brackets, part number (P/N)   4, 2004 (the          1109, Revision
 5731D01-05 and P/N 5731D01-   effective date of     Original, Effective
 02, for cracks (cracked,      this AD).             Date August 29,
 lifted, or missing paint in   Repetitively          2003.
 the area of the weld or       inspect thereafter
 suspected cracks).            before the first
                               flight of each day.
-----------------------------
(2) If cracked, lifted, or    Prior to further      Follow Eagle
 missing paint in area of      flight after any      Aircraft Mandatory
 the weld or suspected         inspection required   Service Bulletin SB
 cracks are found during any   by paragraph (e)(1)   1109, Revision
 inspection required in        where cracked,        Original, Effective
 paragraph (e)(1) of this      lifted, or missing    Date August 29,
 AD, inspect the affected      paint in the area     2003.
 bracket more fully as         of the weld or
 specified in the service      suspected cracks
 bulletin.                     are found.
-----------------------------
(3) If any crack(s) is/are    Replace prior to      Follow Eagle
 found during any inspection   further flight        Aircraft Mandatory
 required by this AD,          after the             Service Bulletin SB
 replace the cracked bracket   inspection where      1109, Revision
 and continue to inspect per   cracks are found.     Original, Effective
 paragraphs (e)(1) and         Inspect prior to      Date August 29,
 (e)(2) of this AD.            the next flight       2003.
                               after June 4, 2004
                               (the effective date
                               of this AD) and
                               thereafter before
                               the first flight of
                               each day.
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Doug Rudolph, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4059; facsimile: 
(816) 329-4090.

[[Page 30192]]

May I Obtain a Special Flight Permit for This AD?

    (g) No. Special flight permits are not allowed for this AD. Part 
39 of the Federal Aviation Regulations (14 CFR part 39) provides 
blanket approval of special flight permits for ADs, unless otherwise 
specified in the individual AD. The FAA has determined that the 
safety issue is severe enough that failure of the canard inboard 
flap hinge support brackets must be prevented and cracks in this 
area must be detected before further operation.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in Eagle Aircraft Mandatory Service Bulletin SB 1109, 
Revision Original, Effective Date August 29, 2003. The Director of 
the Federal Register approved the incorporation by reference of this 
service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. You may get a copy from Eagle Aircraft, P.O. Box 1028, Pejabat 
Pos Besar Melaka, 75150 Melaka, Malaysia; telephone: (606) 317-4105; 
facsimile: (606) 317-7213. You may review copies at FAA, Central 
Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas 
City, Missouri 64106; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call (202) 
741-6030. You may view the AD docket at the Docket Management 
Facility; U.S. Department of Transportation, 400 Seventh Street, 
SW., Nassif Building, Room PL-401, Washington, DC, or on the 
Internet at http://dms.dot.gov.

Is There Other Information That Relates to This Subject?

    (i) Malaysian AD No.: CAM AD 001-2004, dated January 19, 2004, 
and Australian AD No.: CASA AD/X-TS/5, dated October 2003, also 
address the subject of this AD.

    Issued in Kansas City, Missouri, on May 20, 2004.
Dorenda D. Baker,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-11876 Filed 5-26-04; 8:45 am]
BILLING CODE 4910-13-P