[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Proposed Rules]
[Pages 39020-39023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10773]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23786; Directorate Identifier 2006-CE-11-AD]
RIN 2120-AA64


Airworthiness Directives; CTRM Aviation Sdn. Bhd. (Formerly Eagle 
Aircraft (Malaysia) Sdn. Bhd.) Model Eagle 150B 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 supersede Airworthiness Directive (AD) 
2004-11-04, which applies to all CTRM Aviation Sdn. Bhd. (Formerly 
Eagle Aircraft (Malaysia) Sdn. Bhd.) Model Eagle 150B airplanes. AD 
2004-11-04 currently requires you to inspect certain canard inboard 
flap hinge support brackets (initially before further flight and 
repetitively before the first flight of each day) and perform any 
necessary follow-up action. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for Malaysia to require the installation of improved design 
inboard flap hinge brackets as terminating action for the repetitive 
inspections. Consequently, this proposed AD would initially retain the 
requirement that you inspect certain canard inboard flap hinge support 
brackets (initially before further flight and repetitively before the 
first flight of each day) and then require that you replace the parts 
with new design inboard flap hinge brackets as terminating action for 
the repetitive inspections or if cracks are found. We are issuing this 
proposed AD to detect and correct cracks in the canard inboard flap 
hinge support brackets, which could result in loss of retention of 
controls and consequently, loss of airplane control.

DATES: We must receive comments on this proposed AD by August 10, 2006.

ADDRESSES: Use one of the following addresses to comment 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 20590-0001.
     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 
CTRM Aviation Sdn. Bhd. (formerly known as Eagle Aircraft (Malaysia) 
Sdn. Bhd.), Locked Bag 1028, Pejabat Pos Besar Melaka, 75150 Melaka, 
Malaysia; telephone: 06 317 1007; facsimile: 06 317 7023.

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: 816-329-4090.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include the docket number, ``FAA-
2006-23786; Directorate Identifier 2006-CE-11-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 received 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 we 
receive concerning this proposed AD.

Discussion

    The Department of Civil Aviation (DCA) for Malaysia issued AD No. 
CAM AD 001-01-2004, dated January 19, 2004, against Eagle Aircraft (now 
CTRM Aviation Sdn. Bhd.) Models X-TS, X-TS 150, and 150B airplanes. CAM 
AD 001-01-2004 required 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 cracked, lifted, or missing 
paint in the area of the weld or suspected cracks;
     A more detailed inspection for cracks (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 of Malaysia is currently the country with State of Design 
responsibilities on the affected airplanes. Before 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, revised April 2, 2004, to address the unsafe 
condition and require the above actions on Models

[[Page 39021]]

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).
    Also, 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 the above, the CASA and DCA both issued ADs for their 
respective countries that require, before further flight, initial 
inspections and, before the first flight of each day, repetitive 
inspections.
    The CTRM Aviation Sdn. Bhd. Model Eagle 150B airplane is the only 
affected airplane model type certificated for operation in the United 
States. There are currently 13 of these airplanes on the U.S. registry.
    Based on all of this information from the State of Design, the FAA 
issued AD 2004-11-04, Amendment 39-13649 (69 FR 30189, May 27, 2004). 
AD 2004-11-04 currently requires that you do the following on CTRM 
Aviation (formerly Eagle Aircraft (Malaysia) Sdn. Bhd.) Sdn. Bhd. Model 
Eagle 150B airplanes:
     Inspect certain canard inboard flap hinge support brackets 
(initially before further flight and repetitively before the first 
flight of each day); and;
     Perform any necessary follow-up action.
    The DCA recently notified FAA of the need to change AD 2004-11-04. 
The DCA issued CAM AD 001-01-2004 R1, dated December 23, 2005. This 
revision includes an optional modification as terminating action for 
the repetitive inspections required by CAM AD 001-01-2004.
    This condition, if not corrected, could result in loss of retention 
of controls and, consequently, loss of airplane control.

Relevant Service Information

    We have reviewed:
     Eagle Aircraft Mandatory Service Bulletin SB 1109, 
Revision Original, Effective Date August 29, 2003; and
     Eagle Aircraft Mandatory Service Bulletin SB 1120, 
Original, Effective Date June 3, 2005.
    The service information describes procedures for:
     Inspecting the gusset weld area of the canard inboard flap 
hinge support brackets, part number (P/N) 5731D01-05 and P/N 5731D01-
02, for cracks; and;
     Replacing any canard inboard flap hinge support brackets, 
P/N 5731D01-05 and P/N 5731D01-02, with new design inboard flap hinge 
brackets, P/N 5731D05-01 and P/N 5731D06-01.

Foreign Airworthiness Authority Information

    The DCA classified these service bulletins as mandatory and issued 
Malaysian AD No. CAM AD 001-01-2004 R1, dated December 23, 2005, to 
ensure the continued airworthiness of these airplanes in Malaysia.
    These CTRM Aviation Sdn. Bhd. Model 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 the Proposed AD

    We are proposing this AD because we have examined the DCA's 
findings, evaluated all information and determined the unsafe condition 
described previously is likely to exist or develop on other products of 
the same type design that are certificated for operation in the United 
States.
    This proposed AD would supersede AD 2004-11-04 with a new AD that 
would initially retain the requirement that certain canard inboard flap 
hinge support brackets be inspected (initially before further flight 
and repetitively before the first flight of each day) and then require 
that you replace the parts with new design inboard flap hinge brackets 
as terminating action for the repetitive inspections or if cracks are 
found. This proposed AD would require you to use the service 
information described previously to perform these actions.

Costs of Compliance

    We estimate that this proposed AD affects 13 airplanes in the U.S. 
registry.
    We estimate the following costs to do each proposed inspection:

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                                                             Total cost per
                 Labor cost                    Parts cost       airplane         Total cost on U.S. operators
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1 work-hour x $80 = $80....................             (*)             $80  13 x $80 = $1,040.
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* Not applicable.

    We estimate the following costs to do the replacements that would 
be required as a result of the proposed inspection or the proposed 
mandatory replacement:

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                                                             Total cost per
                 Labor cost                    Parts cost       airplane         Total cost on U.S. operators
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10 work-hours x $80 = $800.................          $1,700          $2,500  13 x $2,500 = $32,500.
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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

[[Page 39022]]

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 and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the 
regulatory evaluation, any comments received, and other information on 
the Internet at http://dms.dot.gov; or in person at the Docket 
Management Facility between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone (800) 647-5227) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

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 removing Airworthiness Directive 
(AD) 2004-11-04, Amendment 39-13649 (69 FR 30189, May 27, 2004), and 
adding the following new airworthiness directive:

CTRM Aviation SDN. BHD. (Formerly Eagle Aircraft (Malaysia) SDN. 
BHD.): Docket No. FAA-2006-23786; Directorate Identifier 2006-CE-11-
AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this proposed airworthiness directive (AD) action by 
August 10, 2006.

Affected ADs

    (b) This AD supersedes AD 2004-11-04; Amendment 39-13649.

Applicability

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

Unsafe Condition

    (d) This AD results from mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for 
Malaysia. The actions specified in this AD are intended to detect 
and correct cracks in the canard inboard flap hinge support 
brackets, which could result in loss of retention of controls and 
consequently, loss of airplane control.

Compliance

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspection gusset weld    Initially inspect     Follow Eagle
 area of the canard inboard    before 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 cracked, lifted, or   AD 2004-11-04).       Date August 29,
 missing paint in the area     Repetitively          2003.
 of the weld or suspected      inspect thereafter
 cracks.                       before the first
                               flight of each day.
(2) If cracked, lifted, or    Before further        Follow Eagle
 missing paint in the area     flight after any      Aircraft Mandatory
 of 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) Replace any canard        Before further        Follow Eagle
 inboard flap hinge support    flight after any      Aircraft Mandatory
 brackets, P/N 5731D01-05      inspection where      Service Bulletin SB
 and P/N 5731D01-02, with      cracks are found or   1120, Original,
 new design inboard flap       within 6 months       Effective Date June
 hinge brackets, P/N 5731D05-  after the effective   3, 2005.
 01 and P/N 5731D06-01.        date of this AD,
                               whichever occurs
                               first. This action
                               terminates the
                               repetitive
                               inspections
                               required in
                               paragraph (e)(1) of
                               this AD.
(4) Do not install any        As of the effective   Not Applicable.
 canard inboard flap hinge     date of this AD.
 support brackets, P/N
 5731D01-05 and P/N 5731D01-
 02.
------------------------------------------------------------------------

    (f) 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.

Special Flight Permit

    (g) Special flight permits are not allowed for this AD. Part 39 
of the Federal Aviation Regulations (14 CFR part 39) provides that 
FAA may issue special flight permits for ADs, unless otherwise 
specified in the individual AD.s The FAA has determined

[[Page 39023]]

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.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Standards Office, Small Airplane Directorate, 
FAA, ATTN: Karl Schletzbaum, Aerospace Engineer, ACE-112, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: 816-329-4146; facsimile: 816-329-4090, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.
    (i) AMOCs approved for AD 2004-11-04 are approved for this AD.

Related Information

    (j) Malaysian AD No. CAM AD 001-01-2004 R1, dated December 23, 
2005, and Australian AD No. CASA AD/X-TS/5, dated August 21, 2003, 
revised April 2, 2004, also address the subject of this AD. To get 
copies of the documents referenced in this AD, contact CTRM Aviation 
Sdn. Bhd. (formerly known as Eagle Aircraft Sdn. Bhd.), Locked Bag 
1028, Pejabat Pos Besar Melaka, 75150 Melaka, Malaysia; telephone: 
06 317 1007; facsimile: 06 317 7023. 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. The docket number is 
Docket No. FAA-2006-23786; Directorate Identifier 2006-CE-11-AD.

    Issued in Kansas City, Missouri, on July 3, 2006.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-10773 Filed 7-10-06; 8:45 am]
BILLING CODE 4910-13-P