Federal Register, Volume 70 Issue 177 (Wednesday, September 14, 2005)

[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Proposed Rules]
[Pages 54314-54316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18210]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22401; Directorate Identifier 2004-NM-93-AD]
RIN 2120-AA64

Airworthiness Directives; Hamburger Flugzeugbau G.m.b.H. Model
HFB 320 HANSA Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Hamburger Flugzeugbau G.m.b.H. Model HFB 320 HANSA airplanes.
This proposed AD would require revising the Limitations Section of the
Airplane Flight Manual to prohibit operation of the airplane past its
designed life limit for the primary structure, which is 15,000 flight
hours or 15,000 fight cycles, whichever occurs first; and to require
contacting the FAA for approval of analysis that the airplane is safe
to continue operation beyond the designed life limit. This proposed AD
is prompted by a report that all airplanes in operation might have met
or exceeded the designed life limit for the primary structure. We are
proposing this AD to prevent continued operation of an airplane beyond
its designed life limit for the primary structure, which could result
in reduced structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by October 14,
2005.

ADDRESSES: Use one of the following addresses 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.
By fax: (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.
For service information identified in this proposed AD, contact
Airbus Deutschland G.m.b.H, Customer Service HFB 320, Postfach 95 01
09, D-21111 Hamburg, Germany.
You can examine the contents of this AD docket on the Internet at
http://dms.dot.gov, or in person at the Docket Management Facility,
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401,
on the plaza level of the Nassif Building, Washington, DC. This docket
number is FAA-2005-22401; the directorate identifier for this docket is
2004-NM-93-AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-22401;
Directorate Identifier 2004-NM-93-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed AD in light of those 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 AD. Using the search function of our
docket Web site, anyone can find and read the comments in any of our
dockets,

[[Page 54315]]

including the name of the individual who sent the comment (or signed
the comment on behalf of an association, business, labor union, etc.).
You can review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78), or you can visit
http://dms.dot.gov.

Examining the Docket

You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the DMS receives them.

Discussion

The Luftfahrt-Bundesamt (LBA) , which is the airworthiness
authority for Germany, notified us that an unsafe condition may exist
on all Hamburger Flugzeugbau G.m.b.H. Model HFB 320 HANSA airplanes.
The LBA advises that it is now possible that these airplanes might have
exceeded, be close to, or have reached the design goal of the primary
structure, which is 15,000 flight cycles, or 15,000 flight hours,
whichever occurs first. The LBA states that Chapter 5 of the airplane
maintenance manual (AMM) should be revised to prohibit operators from
flying the airplane after it reaches its design goal, unless the
operator complies with further inspections and/or modifications. This
condition, if not corrected, could result in reduced structural
integrity of the airplane.

Relevant Service Information

Hamburger Flugzeugbau has issued HFB 320 Hansa Service Bulletin 05-
01, Revision 1, dated December 11, 2002. The service bulletin describes
procedures for inserting Temporary Revision (TR) 5-55, dated December
11, 2002, into Chapter 5 of the AMM. TR 5-55 restricts use of the AMM
to the design goal limit (life limit) of the airplane. TR 5-55 is
included in the service bulletin. For airplanes that reach, or have
exceeded, the life limit of 15,000 flight cycles, or 15,000 flight
hours, the service bulletin states that operators should contact the
manufacturer to determine a program of inspections and repairs for the
airplane to extend its operation. The service bulletin also recommends
that operators of airplanes that have reached or exceeded the life
limit send a report to the manufacturer indicating that they have
inserted TR 5-55 into Chapter 5 of the AMM; and giving information
about the airplane and its owner. Accomplishing the actions specified
in the service information is intended to adequately address the unsafe
condition. The LBA mandated the service information and issued German
airworthiness directive 2002-158, dated October 3, 2002, to ensure the
continued airworthiness of these airplanes in Germany.

FAA's Determination and Requirements of the Proposed AD

This airplane model is manufactured in Germany and is 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. Pursuant to this
bilateral airworthiness agreement, the LBA has kept the FAA informed of
the situation described above. We have examined the LBA's findings,
evaluated all pertinent 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.
Therefore, we are proposing this AD, which would require revising
the airplane flight manual to prohibit operation of the airplane past
its designed life limit for the primary structure, which is 15,000
flight hours or 15,000 fight cycles, whichever occurs first. This
proposed AD would also require contacting the FAA for approval to
continue operation beyond the designed life limit.

Differences Between the Proposed AD and the German Airworthiness
Directive

The German airworthiness directive also specifies that operators
should ground airplanes that have reached the designed life limit, and
contact the manufacturer to determine actions to take for continued
airworthiness. This proposed AD would require that operators contact
the FAA to determine these actions.
Operators should note that, although the German airworthiness
directive specifies that operators should send an accomplishment report
to the manufacturer, this proposed AD would not require that action.

Costs of Compliance

There are 4 airplanes of U.S. registry that would be affected by
this proposed AD. The revision to the Airworthiness Limitations Section
of the Instructions for Continued Airworthiness that is proposed in
this AD would take about 1 work hour per airplane at an average labor
rate of $65 per work hour. Based on these figures, the cost of the
proposed AFM revision for U.S. operators would be $260, or $65 per
airplane. We recognize that this proposed AD may impose certain
additional operational costs. However, we cannot calculate those costs
because we cannot predict the extent of any necessary repairs to ensure
the continued airworthiness of the affected airplanes.

Authority for This Rulemaking

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
rulemaking action.

Regulatory Findings

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.
For the reasons discussed above, I certify that the proposed
regulation:
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 regulatory evaluation of the estimated costs to
comply with this proposed AD. See the ADDRESSES section for a location
to examine the regulatory evaluation.

[[Page 54316]]

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 FAA 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):

Hamburger Flugzeugbau G.m.b.H.: Docket No. FAA-2005-22401;
Directorate Identifier 2004-NM-93-AD.

Comments Due Date

(a) The Federal Aviation Administration must receive comments on
this AD action by October 14, 2005.

Affected ADs

(b) None.

Applicability

Unsafe Condition

(d) This AD was prompted by a report that all airplanes in
operation might have met or exceeded the designed life limit for the
primary structure. We are issuing this AD to prevent continued
operation of an airplane beyond its designed life limit for the
primary structure, which could result in reduced structural
integrity of the airplane.

Compliance

(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Airworthiness Limitations Revision

(f) Within 30 days after the effective date of this AD: Revise
the Limitations section of the Airplane Flight Manual (AFM) to state
the following (or insert a copy of this AD into the limitations
section):
Do not operate the airplane beyond 15,000 total flight cycles,
or 15,000 total flight hours, whichever occurs first.
(g) This limitation may be removed from the AFM after the
Manager, International Branch, ANM-116, FAA, approves analysis that
would substantiate continued safe operation beyond the designed life
limit of 15,000 total flight cycles, or within 15,000 total flight
hours on the airplane, whichever occurs first.

Alternative Methods of Compliance (AMOCs)

(h) The Manager, International Branch, ANM-116, has the
authority to approve AMOCs for this AD, if requested in accordance
with the procedures found in 14 CFR 39.19.

Related Information

(i) German airworthiness directive 2002-158, dated October 3,
2002, also addresses the subject of this AD.

Issued in Renton, Washington, on September 6, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-18210 Filed 9-13-05; 8:45 am]
BILLING CODE 4910-13-P