[Federal Register Volume 69, Number 159 (Wednesday, August 18, 2004)]
[Proposed Rules]
[Pages 51206-51208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18927]



[[Page 51206]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-67-AD]
RIN 2120-AA64


Airworthiness Directives; Ostmecklenburgische Flugzeugbau GmbH 
Model OMF-100-160 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Ostmecklenburgische Flugzeugbau GmbH (OMF) Model OMF-100-
160 airplanes. This proposed AD would require you to inspect the 
outside tube (cage) that supports the main landing gear leg for cracks, 
repair if cracks are found, and inspect the thickness of the tube if no 
cracks were found and reinforce the tube as necessary. This proposed AD 
is the result of mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for Germany. We are issuing this 
proposed AD to detect, correct, and prevent future cracks in the 
outside tube of the main landing gear leg, which could result in 
structural failure of the fuselage tubing assembly. This failure could 
lead to loss of control of the airplane.

DATES: We must receive any comments on this proposed AD by September 
22, 2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     By mail: FAA, Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 2003-CE-67-AD, 901 Locust, Room 
506, Kansas City, Missouri 64106.
     By fax: (816) 329-3771.
     By e-mail: [email protected]. Comments sent 
electronically must contain ``Docket No. 2003-CE-67-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.
    You may get the service information identified in this proposed AD 
from Ostmecklenburgische Flugzeugbau GmbH, Flughafenstra[azlig]e, 17039 
Trollenhagen, Federal Republic of Germany.
    You may view the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-67-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
ACE-112, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri, 64106; telephone: 816-329-4146; facsimile: 816-329-4149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include ``AD 
Docket No. 2003-CE-67-AD'' in the subject line of your comments. If you 
want us to acknowledge receipt of your mailed comments, send us a self-
addressed, stamped postcard with the docket number written on it. We 
will date-stamp your postcard and mail it back to you.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed AD, we will 
summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend this 
proposed AD in light of those comments and contacts.

Discussion

    What events have caused this proposed AD? The Luftfahrt-Bundesamt 
(LBA), which is the airworthiness authority for Germany, recently 
notified the FAA that an unsafe condition may exist on certain OMF 
Model OMF-100-160 airplanes. The LBA reports that the manufacturer 
received a report of cracks in the outside fuselage tube that supports 
the main landing gear leg. Further investigation revealed that one 
manufacturer of fuselage tubes used out-of-design dimensions for the 
tube elements.
    What are the consequences if the condition is not corrected? Cracks 
in the outside tube of the main landing gear leg, if not detected, 
corrected, and prevented, could result in structural failure of the 
fuselage tubing assembly. This failure could lead to loss of control of 
the airplane.
    Is there service information that applies to this subject? OMF has 
issued Alert Service Bulletin No. 1107/0002, dated September 16, 2003.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Inspecting the tubing that supports the main landing gear leg;
--Inspecting the tube thickness and reinforcing the tube as necessary; 
and
--Obtaining repair instructions if cracks are found.

    What action did the LBA take? The LBA classified this service 
bulletin as mandatory and issued German AD Number 2003-272, dated 
October 17, 2003, to ensure the continued airworthiness of these 
airplanes in Germany.
    Did the LBA inform the United States under the bilateral 
airworthiness agreement? These OMF Model OMF-100-160 airplanes are 
manufactured in Germany 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 LBA has kept us 
informed of the situation described above.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have examined the LBA's findings, reviewed 
all available information, and determined that AD action is necessary 
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 OMF airplanes of the same type design that are 
registered in the United States, we are proposing AD action to detect, 
correct, and prevent future cracks in the outside tube of the main 
landing gear leg. These cracks could result in structural failure of 
the fuselage tubing assembly and lead to loss of control of the 
airplane.
    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, 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.

[[Page 51207]]

Costs of Compliance

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 11 airplanes on 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 these proposed inspections:

------------------------------------------------------------------------
                                               Total  cost    Total cost
          Labor cost             Parts cost        per         on U.S.
                                                airplane      operators
------------------------------------------------------------------------
Inspection for cracks--2                 N/A          $130        $1,430
 workhours est. $65 per hour =
 $130.........................
Inspection for inadequate                N/A           130          (1)
 thickness of tubing that
 supports the main landing
 gear leg--2 workhours est.
 $65 the per hour = $130......
------------------------------------------------------------------------
\1\ OMF will cover the cost for special inspection.

    We estimate the following costs to accomplish any necessary repairs 
that would be required based on the results of these proposed 
inspections. We have no way of determining the number of airplanes that 
may need this repair:

------------------------------------------------------------------------
                                                            Total  cost
            Labor cost                   Parts cost        per  airplane
------------------------------------------------------------------------
85 workhours X $65 per hour =       None per                     $5,525
 $5,525.                             manufacturer.
------------------------------------------------------------------------

Regulatory Findings

    Would this proposed AD impact various entities? We have determined 
that this proposed AD would not have federalism implications under 
Executive Order 13132. This proposed AD 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.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
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 proposed 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 
``AD Docket No. 2003-CE-67-AD'' in your request.

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

Ostmecklenburgische Flugzeugbau GmbH: Docket No. 2003-CE-67-AD

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by September 22, 2004.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects Model OMF-100-160 airplanes, serial numbers 
0006, 0007, 0012 through 0015, 0017, 0018, 0020, 0021, 0024, 0025, 
0028, and 0029; that are certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of cracks in the fuselage tubing 
assembly and inadequate thickness of tubing that supports the main 
landing gear leg. The actions specified in this AD are intended to 
detect, correct, and prevent future cracks in the tubing for the 
main landing gear leg, which could result in failure of the fuselage 
tubing assembly. This failure could lead to loss of control of the 
airplane.

What Must I Do To Address This Problem?

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

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Inspect the main landing      Inspect the         Inspect following
 gear leg support for cracks       airplane within     the procedures in
                                   50 hours time-in-   OMF Alert Service
                                   service (TIS)       Bulletin No. 1107/
                                   after the           0002, dated
                                   effective date of   September 16,
                                   this AD.            2003.
(2) If cracks are found during    Repair prior to     Contact an
 any inspection required in        further flight      Ostmecklengurgisc
 paragraph (e)(1) or (e)(3)(ii)    after the           he Flugzeugbau
 of this AD, obtain repair         inspection where    GmbH (OMF)
 instructions from the             cracks are found.   representative at
 manufacturer through the FAA                          1-819-377-1177
 and incorporate the repair                            for repair
 instructions. This repair                             instructions and
 eliminates the repetitive                             incorporate these
 inspection requirement of this                        instructions.
 AD                                                    Summarize and
                                                       copy all
                                                       correspondence
                                                       and send to FAA
                                                       at the address
                                                       specified in
                                                       paragraph (f) of
                                                       this AD.

[[Page 51208]]

 
(3) If no cracks are found        Inspect for tubing  Inspect following
 during the inspection required    thickness of the    procedures in OMF
 in paragraph (e)(1) of this AD,   airplane within     Alert Service
 do the following:                 50 hours TIS        Bulletin No. 1107/
                                   after the initial   0002, dated
                                   inspection          September 16,
                                   required in         2003. Reinforce
                                   paragraph (e)(1)    with instructions
                                   of this AD.         from the
                                   Reinforce prior     manufacturer.
                                   to further flight   Contact an
                                   after the           Ostmecklengurgisc
                                   inspection          he Flugzeugbau
                                   required in         GmbH (OMF)
                                   paragraph           representative at
                                   (e)(3)(i)of this    1-819-377-1177
                                   AD. Repetitively    for repair
                                   inspect main        instructions and
                                   landing gear leg    incorporate these
                                   support within 50   instructions.
                                   hours TIS after     Summarize and
                                   the initial         copy all
                                   inspection          correspondence
                                   required by         and send to FAA
                                   paragraph (e)(1)    at the address
                                   of this AD and      specified in
                                   thereafter at       paragraph (f) of
                                   intervals not to    this AD.
                                   exceed 50 hours
                                   TIS.
    (i) inspect tubing for
     proper thickness and make
     any appropriate
     reinforcements
    (ii) repetitively inspect
     main landing gear leg
     support for cracks
------------------------------------------------------------------------

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 Karl Schletzbaum, 
Aerospace Engineer, ACE-112, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri, 64106; telephone: 816-329-4146; 
facsimile: 816-329-4149.

May I Get Copies of the Documents Referenced in This AD?

    (g) You may get copies of the documents referenced in this AD 
from Ostmecklenburgische Flugzeugbau GmbH, Flughafenstra[szlig]e, 
17039 Trollenhagen, Federal Republic of Germany. You may view these 
documents at FAA, Central Region, Office of the Regional Counsel, 
901 Locust, Room 506, Kansas City, Missouri 64106.

Is There Other Information That Relates to This Subject?

    (h) LBA Airworthiness Directive No. 2003-272, dated October 7, 
2003, and OMF Alert Service Bulletin 1107/0002, dated September 16, 
2003, pertain to the subject of this AD.

    Issued in Kansas City, Missouri, on August 11, 2004.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-18927 Filed 8-17-04; 8:45 am]
BILLING CODE 4910-13-P