[Federal Register Volume 72, Number 77 (Monday, April 23, 2007)]
[Proposed Rules]
[Pages 20070-20072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7644]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26494; Directorate Identifier 2006-CE-79-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: Supplemental notice of proposed rulemaking (NPRM); reopening of 
the comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This proposed AD results from mandatory continuing airworthiness 
information (MCAI) originated 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:

    * * * unchecked corrosion developing on the wing spars due to 
access for inspections being difficult under normal maintenance 
practices, which could lead to an unsafe condition and possibly a 
catastrophic failure of the wing * * *

    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 May 23, 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.,

[[Page 20071]]

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, 
FAA, 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. This 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 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-
26494; Directorate Identifier 2006-CE-79-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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
February 6, 2007 (72 FR 5364). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Since that NPRM was issued, we learned that the original New 
Zealand AD has been amended.
    The Civil Aviation Authority of New Zealand, which is the 
airworthiness authority for New Zealand, has issued AD DCA/R2000/37A, 
dated December 21, 2006 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    which could lead to an unsafe condition and possibly a 
catastrophic failure of the wing accomplish the following:

    The MCAI requires inspecting the visible parts of the spar web and 
the upper and lower boom angles (top and bottom spar caps) for 
corrosion and correcting as necessary.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    AVIONS PIERRE ROBIN issued Avions Pierre Robin Service Letter No. 
19, dated October 1980; and Avions Pierre Robin Service Bulletin No. 
99, dated June 24, 1983. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

Comments

    We received no comments on the earlier NPRM.

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.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on the proposed AD.

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 
highlighted in a note within 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 28 work-hours per product to comply with the 
proposed AD. The average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $22,400, or $2,240 per product.
    We have no way of determining the number of products that may need 
any necessary follow-on actions. Since the corrosion damage would vary 
from airplane to airplane, we are not able to estimate the costs of 
each follow-on action.

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.

[[Page 20072]]

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:

Alpha Aviation Design Limited (Type Certificate No. A48EU previously 
held by APEX Aircraft and AVIONS PIERRE ROBIN): Docket No. FAA-2006-
26494; Directorate Identifier 2006-CE-79-AD.

Comments Due Date

    (a) We must receive comments by May 23, 2007.

Affected ADs

    (b) None.

Applicability

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

Subject

    (d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    To prevent unchecked corrosion developing on the wing spars due 
to access for inspections being difficult under normal maintenance 
practices, which could lead to an unsafe condition and possibly a 
catastrophic failure of the wing accomplish the following:
    The MCAI requires inspecting the visible parts of the spar web 
and the upper and lower boom angles (top and bottom spar caps) for 
corrosion and correcting as necessary.

Actions and Compliance

    (f) Unless already done, do the following actions. 
Accomplishment of European Aviation Safety Agency (EASA) AD 2005-
0028 satisfies the requirement of this AD:
    (1) Within 66 months after aircraft date of manufacture or 
within 6 months after the effective date of this AD, whichever 
occurs later, unless already done within the last 24 months, and 
thereafter at intervals not to exceed 24 months, remove the main 
landing gear legs and all the wing inspection panels following the 
instructions in the aircraft maintenance manual and inspect the 
visible parts of the spar web and the upper and lower boom angles 
(top and bottom spar caps), following Avions Pierre Robin Service 
Letter No. 19, dated October 1980; and Avions Pierre Robin Service 
Bulletin No. 99, dated June 24, 1983. If the spars are replaced, the 
inspections at intervals of 24 months must be resumed within 60 
months from the date of replacement.
    (2) Before further flight, if corrosion is found on the rear 
face of the spar web or the upper and lower boom angles, then 
inspect the front face of the spar for corrosion following Avions 
Pierre Robin Service Letter No. 19, dated October 1980; and Avions 
Pierre Robin Service Bulletin No. 99, dated June 24, 1983. It may be 
necessary to cut inspection holes or remove the wings to inspect the 
front face of the spar. Inspection holes must be prepared to a 
manufacturer-approved repair scheme.
    (3) Before further flight, treat corrosion following Avions 
Pierre Robin Service Letter No. 19, dated October 1980; and Avions 
Pierre Robin Service Bulletin No. 99, dated June 24, 1983.
    (4) Before further flight, if corrosion is found which exceeds 
the limits specified in Avions Pierre Robin Service Letter No. 19, 
dated October 1980, repair following an approved repair scheme.

FAA AD Differences

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

Other FAA AD Provisions

    (g) 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

    (h) Refer to MCAI Civil Aviation Authority of New Zealand AD 
DCA/R2000/37A, dated December 21, 2006; Avions Pierre Robin Service 
Letter No. 19, dated October 1980; and Avions Pierre Robin Service 
Bulletin No. 99, dated June 24, 1983, for related information.

    Issued in Kansas City, Missouri, on April 17, 2007.
Charles L. Smalley,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-7644 Filed 4-20-07; 8:45 am]
BILLING CODE 4910-13-P