[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Pages 21519-21520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8509]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules 
and Regulations  

[[Page 21519]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26490; Directorate Identifier 2006-CE-075-AD; 
Amendment 39-15481; AD 2008-09-01]
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.

-----------------------------------------------------------------------

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 failure of the wing structure and assembly components 
due to undetected fatigue and corrosion * * *

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

DATES: This AD becomes effective May 27, 2008.
    On May 27, 2008, 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://www.regulations.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 February 
5, 2008 (73 FR 6634). That NPRM proposed to correct an unsafe condition 
for the specified products. The MCAI states:

    To prevent failure of the wing structure and assembly components 
due to undetected fatigue and corrosion * * *

The MCAI requires that you inspect the wing structure and fuselage 
attachment and repair any defects that you find.

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

    Based on the service information, we estimate that this AD will 
affect 9 products of U.S. registry. We also estimate that it will take 
about 15 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 $1,326 per product.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $22,734 or $2,526 per product.
    We have no way to determine what aircraft will need replacement 
parts that may be required based on the results of any inspection.

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.

[[Page 21520]]

    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://www.regulations.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.

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:

2008-09-01 Alpha Aviation Design Limited (Type Certificate No. A48EU 
previously held by APEX Aircraft and AVIONS PIERRE ROBIN): Amendment 
39-15481; Docket No. FAA-2006-26490; Directorate Identifier 2006-CE-
075-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 27, 
2008.

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 failure of the wing structure and assembly components 
due to undetected fatigue and corrosion * * *

The MCAI requires that you inspect the wing structure and fuselage 
attachment and repair any defects that you find.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Disassemble the wings from the fuselage and inspect the wing 
structure and assembly components using instruction No. 1 in Robin 
Aviation Service Bulletin No. 123, revision 3, dated December 23, 
1999. If any defects are found, repair following Robin Aviation 
Service Bulletin No. 123, revision 3, dated December 23, 1999. Use 
the following compliance times for the inspection:
    (i) For airplanes with less than 4,000 hours time-in-service 
(TIS): When the airplane reaches a total of 3,500 hours TIS or 
within the next 100 hours TIS after May 27, 2008 (the effective date 
of this AD), whichever occurs later, and thereafter at intervals not 
to exceed 750 hours TIS.
    (ii) For airplanes with 4,000 hours TIS or more that have not 
complied with the special instruction in paragraph E of Avions 
Pierre Robin Service Bulletin No. 123, revision 2, dated November 
14, 1995: Within the next 100 hours TIS after May 27, 2008 (the 
effective date of this AD) and thereafter at intervals not to exceed 
750 hours TIS.
    (iii) For airplanes with 4,000 hours TIS or more that have 
complied with the special instruction in paragraph E of Avions 
Pierre Robin Service Bulletin No. 123, revision 2, dated November 
14, 1995: Within the next 750 hours TIS after May 27, 2008 (the 
effective date of this AD) and thereafter at intervals not to exceed 
750 hours TIS.
    (2) When the airplane reaches a total of 3,500 hours TIS with 
original wing-to-fuselage bolts installed or 3,500 hours TIS of an 
airplane since new bolts have been installed or within the next 100 
hours TIS after May 27, 2008 (the effective date of this AD), 
whichever occurs later, do a non-destructive inspection of the wing-
to-fuselage retaining bolts and replace any bolts that do not pass 
this inspection following instruction No. 2 in Robin Aviation 
Service Bulletin No. 123, revision 3, dated December 23, 1999. 
Thereafter, repetitively inspect wing-to-fuselage retaining bolts 
and replace any bolts that do not pass this inspection every 750 
hours TIS following instruction No. 2 in Robin Aviation Service 
Bulletin No. 123, revision 3, dated December 23, 1999.

    Note 1: The requirement for a 3,500-hour inspection is a time 
since new or time since installation (that is, the TIS of new 
bolts).

    (3) Within the next 50 hours TIS after re-assembling the wing 
and thereafter at intervals not to exceed 100 hours TIS, inspect the 
wing-to-fuselage retaining bolts for correct torque settings 
following instruction No. 3 in Robin Aviation Service Bulletin No. 
123, revision 3, dated December 23, 1999. The required torque value 
is 22 ft-lb with nut part number 95.24.39.010. Tighten to 16 ft-lb 
(pre-loading) and then torque from 16 to 22 ft-lb.

FAA AD Differences

    Note 2: 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 Office, 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 AD DCA/R2000/28, 
dated September 28, 2006, and Robin Aviation Mandatory Service 
Bulletin No. 123, revision 3, dated December 23, 1999, for related 
information.

Material Incorporated by Reference

    (i) You must use Robin Aviation Mandatory Service Bulletin No. 
123, revision 3, dated December 23, 1999, 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, 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 April 11, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-8509 Filed 4-21-08; 8:45 am]
BILLING CODE 4910-13-P