[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Proposed Rules]
[Pages 2070-2072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-606]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19897; Directorate Identifier 2004-CE-45-AD]
RIN 2120-AA64


Airworthiness Directives; Eagle Aircraft (Malaysia) Sdn. Bhd. 
Model Eagle 150B 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 Eagle Aircraft (Malaysia) Sdn. Bhd. Model Eagle 150B 
airplanes. This proposed AD would require you to modify or replace the 
co-pilot rudder pedal assembly. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for Malaysia. We are issuing this proposed AD to prevent 
binding of the co-pilot rudder pedal assembly due to premature wear of 
the bushing, which could result in loss of co-pilot rudder and brake 
control. This failure could result in loss of control of the airplane.

DATES: We must receive any comments on this proposed AD by February 11, 
2005.

ADDRESSES: Use one of the following to submit comments on this proposed 
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.
    To get the service information identified in this proposed AD, 
contact Eagle Aircraft (Malaysia) Sdn. Bhd., P.O. Box 1028, Pejabat Pos 
Besar, Melanka, Malaysia, 75150; telephone: 011 (606) 317-4105; 
facsimile: 011 (606) 317-7213.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
This is docket number FAA-2004-19897.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
Small Airplane Directorate, ACE-112, 901 Locust, Rm 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 the 
docket number, ``FAA-2004-19897; Directorate Identifier 2004-CE-45-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 proposed 
rulemaking. 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-2004-19897. 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 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.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, 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.

Discussion

    What events have caused this proposed AD? The Department of Civil 
Aviation, Malaysia (DCA), which is the airworthiness authority for 
Malaysia, recently notified FAA that an unsafe condition may exist on 
certain Eagle Aircraft Sdn. Bhd. Model Eagle 150B airplanes. The DCA 
reports two incidents of the co-pilot rudder pedal assembly, part 
number (P/N) 2720D07-02, binding and becoming inoperable during flight.
    Investigation revealed that the two incidents resulted from 
premature wear of the bushing, P/N 2720D08-39, in the co-pilot rudder 
pedal assembly. Premature wear of the bushing allowed it to slide out 
of the housing resulting in excessive play between the co-pilot rudder 
pedal assembly and the shaft. That condition caused the co-pilot rudder 
control pushrod pivot, P/N 2720D08-31/04, to bind with the co-pilot 
pivot arms, P/N 2720D08-42.
    Stronger material is now used to manufacture the bushing and it has 
also been improved by including side stoppers.

[[Page 2071]]

    What is the potential impact if FAA took no action? If not 
corrected, binding of the co-pilot rudder pedal assembly could result 
in loss of co-pilot rudder and brake control. This failure could result 
in loss of control of the airplane.
    Is there service information that applies to this subject? Eagle 
Aircraft Sdn. Bhd. has issued Mandatory Service Bulletin SB 1095, dated 
September 9, 2003; Optional Service Bulletin SB 1096, dated September 
9, 2003; and Optional Service Bulletin SB 1097, dated September 9, 
2003.
    What are the provisions of this service information? Eagle Aircraft 
Mandatory Service Bulletin SB 1095, dated September 9, 2003, includes 
procedures for disengaging and removing the co-pilot rudder pedal 
assembly, part number (P/N) 2720D07-02.
    Eagle Aircraft Optional Service Bulletin SB 1096, dated September 
9, 2003, includes procedures for modifying the existing co-pilot rudder 
pedal assembly, P/N 2720D07-02, from a welded to a bolted design to 
allow individual parts replacement within the assembly and includes 
instructions for incorporating rudder control stoppers.
    Eagle Aircraft Optional Service Bulletin SB 1097, dated September 
9, 2003, includes procedures for replacing the existing co-pilot rudder 
pedal assembly, P/N 2720D07-02, with a new bolted design co-pilot 
rudder pedal assembly, P/N 2720D07-10.
    What action did the DCA take? The DCA classified these service 
bulletins as mandatory and issued Malaysian CAM AD 002-10-2004, Issue 
date: October 30, 2004, to ensure the continued airworthiness of these 
airplanes in Malaysia.
    Did the DCA inform the United States under the bilateral 
airworthiness agreement? These Eagle 150B airplanes are manufactured in 
Malaysia 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 DCA 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 DCA'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 Eagle 150B airplanes of the same type design that 
are registered in the United States, we are proposing AD action to 
prevent binding of the co-pilot rudder pedal assembly due to premature 
wear of the bushing, which could result in loss of co-pilot rudder and 
brake control. This failure could result in loss of control of the 
airplane.
    What would this proposed AD require? This proposed AD would require 
you to modify or replace the co-pilot rudder pedal assembly.
    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.

Costs of Compliance

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 13 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:

------------------------------------------------------------------------
                                                       Total cost per
          Labor hours               Parts cost            airplane
------------------------------------------------------------------------
4 work hours x $65 per hour =   Eagle Aircraft     Not applicable.
 $260. Eagle Aircraft has        has agreed to
 agreed to reimburse for the     provide the
 cost of labor.                  parts without
                                 cost.
------------------------------------------------------------------------

    We estimate the following costs to accomplish the proposed 
replacements:

------------------------------------------------------------------------
                                                          Total cost per
              Labor cost                   Parts cost        airplane
------------------------------------------------------------------------
3 work hours x $65 per hour = $195....          $1,440           $1,635
------------------------------------------------------------------------

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 FAA-2004-19897; Directorate Identifier 2004-CE-45-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:

[[Page 2072]]

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):

Eagle Aircraft (Malaysia) SdN. BhD.: Docket No. FAA-2004-19897; 
Directorate Identifier 2004-CE-45-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 February 11, 2005.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects Model Eagle 150B airplanes, manufacturer 
serial numbers (MSN) 016 through 042, that are:
    (1) Equipped with a co-pilot rudder pedal assembly welded 
design, part number (P/N) 2720D07-02; and
    (2) Certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD results from mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for 
Malaysia. We are issuing this AD to prevent binding of the co-pilot 
rudder pedal assembly due to premature wear of the bushing, which 
could result in loss of co-pilot rudder and brake control. This 
failure could result in loss of control of the airplane.

What Must I Do To Address This Problem?

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

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Inspect the co-pilot rudder   Inspect within 30   To inspect and
 pedal assembly welded design,     days after the      modify the rudder
 part number (P/N) 2720D07-02,     effective date of   pedal assembly,
 for cracks.                       this AD. If         follow Eagle
(i) If cracks are found, replace   cracks are found    Aircraft Optional
 the assembly with a new bolted    during the          Service Bulletin
 design co-pilot rudder pedal      inspection,         SB 1096, dated
 assembly, P/N 2720D07-10..        before further      September 16,
(ii) If no cracks are found,       flight replace      2003. To replace
 either:.                          the rudder pedal    the rudder pedal
(A) Modify P/N 2720D07-02 by       assembly. If no     assembly, follow
 replacing the rudder control      cracks are found    Eagle Aircraft
 bushing with a new P/N 2720D08-   during the          Optional Service
 39 and installing a rudder        inspection,         Bulletin SB 1097,
 control stopper, P/N 2720D08-     before further      dated September
 44; or.                           flight, modify or   16, 2003.
(B) Replace P/N 2720D07-02 with    replace the
 a new bolted design co-pilot      rudder pedal
 rudder pedal assembly, P/N        assembly.
 2720D07-10..
(2) Do not install a co-pilot     As of the           Not applicable.
 rudder pedal assembly, P/N        effective date of
 2720D07-02, unless it has been    this AD.
 inspected and modified as
 required in paragraphs (e)(1)
 and (e)(1)(ii)(A) of this AD.
------------------------------------------------------------------------

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, Small Airplane Directorate, ACE-112, 901 Locust, 
Rm 301, Kansas City, Missouri, 64106; telephone: (816) 329-4146; 
facsimile: (816) 329-4149.

What if I Need To Fly the Airplane To Another Location to Comply With 
This AD?

    (g) 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 provided that the following 
is adhered to:
    (1) Remove the co-pilot rudder pedal assembly, P/N 2720D07-02, 
from installation following Eagle Aircraft Mandatory Service 
Bulletin SB 1095, dated September 16, 2003; and
    (2) Install a temporary placard in a visible place on the 
instrument panel that has the following wording:
    ``WARNING: CO-PILOT RUDDER PEDAL IS NON-FUNCTIONAL.''

Is There Other Information That Relates to This Subject?

    (h) Malaysia CAM AD 002-10-2004, Issue date: October 30, 2004, 
also addresses the subject of this AD.

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

    (i) To get copies of the documents referenced in this AD, 
contact Eagle Aircraft, P.O. Box 1028, Pejabat Pos Besar, Melaka, 
Malaysia, 75150; telephone: 011 (606) 317-4105; facsimile: 011 (606) 
317-7213. To view the AD docket, go to 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. This is docket number FAA-2004-
19897.

    Issued in Kansas City, Missouri, on January 5, 2005.
William J. Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-606 Filed 1-11-05; 8:45 am]
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