[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Rules and Regulations]
[Pages 36860-36861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12506]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26494 Directorate Identifier 2006-CE-079-AD; 
Amendment 39-15119; AD 2007-13-15]
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 describes the unsafe condition as:

    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 * * *

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

DATES: This AD becomes effective August 10, 2007.
    On August 10, 2007, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

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:

Discussion

    We issued a supplemental 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 April 23, 
2007 (72 FR 20070). That NPRM proposed to correct an unsafe condition 
for the specified products. The 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 * * *

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 28 work-hours per product to 
comply with basic requirements of this AD. The average labor rate is 
$80 per work-hour. Based on these figures, we estimate the cost of this 
AD to the 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.

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) 647-5527) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

[[Page 36861]]

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:

2007-13-15 Alpha Aviation Design Limited (Type Certificate No. A48EU 
previously held by APEX Aircraft and AVIONS PIERRE ROBIN): Amendment 
39-15119; Docket No. FAA-2006-26494; Directorate Identifier 2006-CE-
079-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
10, 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 * * *
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) Initially within 60 months after aircraft date of 
manufacture or within 6 months after August 10, 2007 (the effective 
date of this AD), whichever occurs later, 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, then you must inspect 
within 60 months from the date of replacement and thereafter every 
24 months.
    (i) If, during any inspection required by paragraph (f)(1) of 
this AD, any sign of 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.
    (ii) If corrosion is found during any inspection required by 
this AD that does not exceed the limits specified in Avions Pierre 
Robin Service Letter No. 19, dated October 1980, treat the corrosion 
following Avions Pierre Robin Service Letter No. 19, dated October 
1980; and Avions Pierre Robin Service Bulletin No. 99, dated June 
24, 1983.
    (2) If corrosion is found during any inspection required by this 
AD that exceeds the limits specified in Avions Pierre Robin Service 
Letter No. 19, dated October 1980, before further flight from when 
the corrosion is found that exceeds the limits:
    (i) Obtain an FAA-approved repair scheme from the manufacturer; 
and
    (ii) incorporate this 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, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to 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. 
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.

Material Incorporated by Reference

    (i) You must use Avions Pierre Robin Service Letter No. 19, 
dated October 1980; and Avions Pierre Robin Service Bulletin No. 99, 
dated June 24, 1983, 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 Ltd, Ingram Road, Hamilton Airport RD 2, Hamilton 2021, New 
Zealand; telephone: 011 64 7 843 7070; fax: 011 64 7 843 8040; 
Internet:  http://www.alphaaviation.co.nz.
    (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/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on June 21, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-12506 Filed 7-5-07; 8:45 am]
BILLING CODE 4910-13-P