[Federal Register Volume 70, Number 46 (Thursday, March 10, 2005)]
[Rules and Regulations]
[Pages 11846-11848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4554]


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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; 
Amendment 39-14003; AD 2005-05-14]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
Eagle Aircraft (Malaysia) Sdn. Bhd. Model Eagle 150B airplanes. This AD 
requires you to modify or replace the co-pilot rudder pedal assembly. 
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.

DATES: This AD becomes effective on April 22, 2005.
    As of April 22, 2005, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.

ADDRESSES: To get the service information identified in this AD, 
contact Eagle Aircraft (Malaysia) Sdn. Bhd., PO Box 1028, Pejabat Pos 
Besar, Melaka, Malaysia, 75150; telephone: 011 (606) 317-4105; 
facsimile: 011 (606) 317-7213. To review this service information, go 
to 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.
    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 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2004-19897; Directorate 
Identifier 2004-CE-45-AD.

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:

Discussion

    What events have caused this 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

[[Page 11847]]

it to slide of out 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 used now to manufacture the bushing and it has 
also been improved by including side stoppers.
    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.
    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 Aircraft (Malaysia) 
Sdn. Bhd. Model Eagle 150B airplanes. This proposal was published in 
the Federal Register as a notice of proposed rulemaking (NPRM) on 
January 12, 2005 (70 FR 2070). The NPRM proposed to require you to 
modify or replace the co-pilot rudder pedal assembly.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. We received no 
comments on the proposal or on the determination of the cost to the 
public.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for minor 
editorial corrections. We have determined that these minor corrections:
     Are consistent with 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.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the 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 does this AD impact? We estimate that this AD 
affects 13 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:

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

    We estimate the following costs to accomplish the replacements:

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

Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106 describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

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

    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.

[[Page 11848]]

Sec.  39.13  [Amended]

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

2005-05-14 Eagle Aircraft (Malaysia) Sdn. Bhd.: Amendment 39-14003; 
Docket No. FAA-2004-19897; Directorate Identifier 2004-CE-45-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on April 22, 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 is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for 
Malaysia. The actions specified in this AD are intended 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 April    modify the rudder
 part number (P/N) 272ODO7-02,     22, 2005 (the       pedal assembly,
 for cracks.                       effective date of   follow Eagle
(i) If cracks are found replace    this AD). If        Aircraft Optional
 the assembly with a new bolted    cracks are found    Service Bulletin
 design co-pilot rudder pedal      during the          SB 1096, dated
 assembly, P/N 2720D07-10.         inspection,         September 16,
(ii) If no cracks are found,       before further      2003. To replace
 either:.                          flight replace      the rudder pedal
                                   the rudder pedal    assembly, follow
                                   assembly. If no     Eagle Aircraft
                                   cracks are found    Optional Service
                                   during the          Bulletin SB 1097,
                                   inspection,         dated September
                                   before further      16, 2003.
                                   flight, modify or
                                   replace the
                                   rudder pedal
                                   assembly.
    (A) Modify P/N 2720D07-02 by
     replacing the rudder
     control bushing with a new
     P/N 2720D08-39 and
     installing a rudder control
     stopper, P/N 2720D08-44; or.
    (B) Replace P/N 2720D07-02
     with a new bolted design co-
     pilot rudder pedal
     assembly, P/N 2720D07-10.
(2) Do not install a co-pilot     As of April 22,     Not applicable.
 rudder pedal assembly, P/N        2005 (the
 2720D07-02, unless it has been    effective date of
 inspected and modified as         this AD).
 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.

Does This AD Incorporate Any Material by Reference?

    (i) You must do the actions required by this AD following the 
instructions in Eagle Aircraft Optional Service Bulletin SB 1096, 
dated September 16, 2003; and Eagle Aircraft Optional Service 
Bulletin SB 1097, dated September 16, 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. To get a copy of this service information, contact Eagle 
Aircraft, P.O. Box 1028, Pejabat Pos Besar, Melaka, Malaysia, 75150; 
telephone: 011 (606) 317-4105; facsimile: 011 (606) 317-7213. To 
review copies of this service information, go to 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. 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 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2004-19897; Directorate 
Identifier 2004-CE-45-AD.

    Issued in Kansas City, Missouri, on March 2, 2005.
Nancy C. Lane,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-4554 Filed 3-9-05; 8:45 am]
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