[Federal Register Volume 72, Number 3 (Friday, January 5, 2007)]
[Proposed Rules]
[Pages 481-483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22577]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26496; Directorate Identifier 2006-CE-81-AD]
RIN 2120-AA64


Airworthiness Directives; Alpha Aviation Design Limited (Type 
Certificate No. A48EU Previously Held by APEX Aircraft and AVIONS 
PIERRE ROBIN) Model R2160 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) issued by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as a deficiency in compliance with 14 CFR 23.967(d). There 
have been instances indicating that production aircraft may not have a 
metal barrier between the cabin and the fuel tank bay. Lack of a 
barrier could allow flammable fuel vapors to enter the cabin. The 
proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by February 5, 
2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     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.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket 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 AD 
docket contains this proposed AD, the regulatory evaluation, any 
comments received, and other information. The street address for the 
Docket Office (telephone (800) 647-5227) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
901 Locust, Room 301, Kansas City, Missouri 64106; telephone (816) 329-
4146; fax (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. The streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to

[[Page 482]]

the public. This process continues to follow all FAA AD issuance 
processes to meet legal, economic, Administrative Procedure Act, and 
Federal Register requirements. We also continue to meet our technical 
decision-making responsibilities to identify and correct unsafe 
conditions on U.S.-certificated products.
    This proposed AD references the MCAI and related service 
information that we considered in forming the engineering basis to 
correct the unsafe condition. The proposed AD contains text copied from 
the MCAI and for this reason might not follow our plain language 
principles.

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2006-
26496; Directorate Identifier 2006-CE-81-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because 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 about this proposed AD.

Discussion

    The Civil Aviation Authority of New Zealand, which is the aviation 
authority for New Zealand, has issued AD DCA/R2000/38, dated June 29, 
2006 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states that there have 
been instances indicating that production aircraft may not have a metal 
barrier between the cabin and the fuel tank bay. Lack of a barrier 
could allow flammable fuel vapors to enter the cabin. The MCAI requires 
that, to ensure that the aircraft is in compliance with 14 CFR 
23.967(d), inspect the aircraft to determine if a metal barrier is 
installed behind the seats and, if not installed, to manufacture and 
install a barrier. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    Alpha Aviation Design Limited has issued Alpha Aviation Service 
Bulletin AA-SB-28-001, dated July 10, 2006. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the proposed AD. These 
requirements, if ultimately adopted, will take precedence over the 
actions copied from the MCAI.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 10 products of U.S. registry. We also estimate that 
it would take about 3 work-hours per product to comply with the 
proposed AD. The average labor rate is $80 per work-hour. Required 
parts would cost about $300 per product. Where the service information 
lists required parts costs that are covered under warranty, we have 
assumed that there will be no charge for these costs. As we do not 
control warranty coverage for affected parties, some parties may incur 
costs higher than estimated here. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $5,400, or $540 per 
product.

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 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 this 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.

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 AD:


[[Page 483]]


Alpha Aviation Design Limited (Type Certificate No. A48EU previously 
held by APEX Aircraft and AVIONS PIERRE ROBIN): Docket No. FAA-2006-
26496; Directorate Identifier 2006-CE-81-AD.

Comments Due Date

    (a) We must receive comments by February 5, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model R2160 airplanes, serial numbers 001 
through 378, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that there have been instances indicating that production 
aircraft may not have a metal barrier between the cabin and the fuel 
tank bay. Lack of a barrier could allow flammable fuel vapors to 
enter the cabin. The MCAI requires that, to ensure that the aircraft 
is in compliance with 14 CFR 23.967(d), inspect the aircraft to 
determine if a metal barrier is installed behind the seats and, if 
not installed, to manufacture and install a barrier.

Actions and Compliance

    (e) Unless already done, do the following actions within the 
next 100 hours time-in-service or within 6 months of the effective 
date of this AD, whichever occurs first.
    (1) Inspect the aircraft to determine if a metal barrier is 
installed behind the seats per Alpha Aviation Service Bulletin AA-
SB-28-001, dated July 10, 2006.
    (2) If a metal barrier is installed per Alpha Aviation Service 
Bulletin AA-SB-28-001, dated July 10, 2006, and (e)(1) of this AD 
then no further action is required.
    (3) If a metal barrier is not installed, manufacture and install 
a barrier per Alpha Aviation Service Bulletin AA-SB-28-001, dated 
July 10, 2006 and Alpha Aviation Drawing No. 60-53-119 (page 3 of 3 
of the Service Bulletin).

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, ATTN: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
MO 64106; telephone: (816) 329-4146; fax: (816) 329-4090, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (g) Refer to MCAI Civil Aviation Authority of New Zealand AD 
DCA/R2000/38, dated June 29, 2006, and Alpha Aviation Service 
Bulletin AA-SB-28-001, dated July 10, 2006, for related information.

    Issued in Kansas City, Missouri, on December 28, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-22577 Filed 1-4-07; 8:45 am]
BILLING CODE 4910-13-P