[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Rules and Regulations]
[Pages 12966-12968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4861]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26495; Directorate Identifier 2006-CE-80-AD; 
Amendment 39-14997; AD 2007-06-16]
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: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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 references Alpha Aviation Service Bulletin 
AA-SB-28-002, dated June 28, 2006, which describes the unsafe condition 
as:

    Development of the New Zealand produced Alpha 160A aircraft 
identified an issue with the fuel shut-off valve, where it may not 
be possible to switch the valve ON once the valve has been placed in 
the OFF position. This is due to friction in the shut-off system.
    The fuel shut-off valve, which is normally ON, is a safety 
feature to allow the pilot to stop fuel flow to the engine in an 
emergency situation such as a forced landing without power. The fuel 
shut-off control is guarded and requires a deliberate action by the 
pilot to operate.
    Not withstanding this, a hazardous situation is possible if the 
fuel shut-off valve is inadvertently switched OFF in flight and the 
pilot is not able to switch it back ON.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective April 24, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 24, 
2007.

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA,

[[Page 12967]]

Small Airplane Directorate, 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 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 AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on January 8, 2007 (72 
FR 674). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI references Alpha Aviation Service Bulletin 
AA-SB-28-002, dated June 28, 2006, which states that:

    Development of the New Zealand produced Alpha 160A aircraft 
identified an issue with the fuel shut-off valve, where it may not 
be possible to switch the valve ON once the valve has been placed in 
the OFF position. This is due to friction in the shut-off system.
    The fuel shut-off valve, which is normally ON, is a safety 
feature to allow the pilot to stop fuel flow to the engine in an 
emergency situation such as a forced landing without power. The fuel 
shut-off control is guarded and requires a deliberate action by the 
pilot to operate.
    Not withstanding this, a hazardous situation is possible if the 
fuel shut-off valve is inadvertently switched OFF in flight and the 
pilot is not able to switch it back ON.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This 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 required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 10 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to 
comply with basic requirements of this AD. The average labor rate is 
$80 per work-hour. Required parts will 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 parts. 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 this AD to the 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 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.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD Docket.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2007-06-16 Alpha Aviation Design Limited (Type Certificate No. A48EU 
previously held by APEX Aircraft and AVIONS PIERRE ROBIN): Amendment 
39-14997; Docket No. FAA-2006-26495; Directorate Identifier 2006-CE-
80-AD.

[[Page 12968]]

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
24, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model R2160 airplanes, serial numbers 001 
through 191, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
references Alpha Aviation Service Bulletin AA-SB-28-002, dated June 
28, 2006, which states that:
    Development of the New Zealand produced Alpha 160A aircraft 
identified an issue with the fuel shut-off valve, where it may not 
be possible to switch the valve ON once the valve has been placed in 
the OFF position. This is due to friction in the shut-off system.
    The fuel shut-off valve, which is normally ON, is a safety 
feature to allow the pilot to stop fuel flow to the engine in an 
emergency situation such as a forced landing without power. The fuel 
shut-off control is guarded and requires a deliberate action by the 
pilot to operate.
    Not withstanding this, a hazardous situation is possible if the 
fuel shut-off valve is inadvertently switched OFF in flight and the 
pilot is not able to switch it back ON.

Actions and Compliance

    (e) Unless already done, do the following actions:
    (1) To prevent the shut-off valve from remaining partially 
closed when the selector is turned to the ON position, due to the 
possibility of excess friction in the fuel shut-off valve causing 
deflection of the push pull cable, accomplish the inspection and 
rework instructions in Alpha Aviation Service Bulletin AA-SB-28-002, 
dated June 28, 2006, within 25 hours time-in-service (TIS) after the 
effective date of this AD.
    (2) If the fuel shut-off valve cable is bent, replace the cable 
per Alpha Aviation Service Bulletin AA-SB-28-002, before further 
flight.
    (3) If the force required to operate the fuel shut-off valve 
exceeds the limits specified in Alpha Aviation Service Bulletin AA-
SB-28-002, dated June 28, 2006, rework or replace the valve as 
required, per Alpha Aviation Service Bulletin AA-SB-28-002, dated 
June 28, 2006, before further flight.

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, 
Missouri 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. Before using any approved AMOC on 
any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (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 Airworthiness Authority of New Zealand AD DCA/
R2000/39, dated August 31, 2006; and Alpha Aviation Service Bulletin 
AA-SB-28-002, dated June 28, 2006, for related information.

Material Incorporated by Reference

    You must use Alpha Aviation Service Bulletin AA-SB-28-002 
(Service Bulletin number is indicated at top of page), dated June 
28, 2006, to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact Alpha 
Aviation Design Ltd., Ingram Road, Hamilton Airport, R.D.2. Hamilton 
3282, New Zealand.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on March 9, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-4861 Filed 3-19-07; 8:45 am]
BILLING CODE 4910-13-P