[Federal Register Volume 74, Number 209 (Friday, October 30, 2009)]
[Rules and Regulations]
[Pages 56106-56107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26126]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0115; Directorate Identifier 2007-CE-080-AD; 
Amendment 39-16067; AD 2007-26-08 R1]
RIN 2120-AA64


Airworthiness Directives; Reims Aviation S.A. Model F406 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are rescinding an existing airworthiness directive (AD) for 
the products listed above. The existing AD resulted 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:

    On several occasions, leaks of the landing gear emergency 
blowdown bottle have been reported. Investigations revealed that the 
leakage was located on the nut manometer because of a design 
deficiency in the bottle head.
    If left uncorrected, the internal bottle pressure could not be 
maintained to an adequate level and could result in a malfunction, 
failing to extend landing gears during emergency situations.

Since issuance of that AD, we have determined that the condition is not 
unsafe.

DATES: This AD becomes effective December 4, 2009.

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: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

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 July 31, 2009 (74 FR 
38140),

[[Page 56107]]

and proposed to rescind AD 2007-26-08, Amendment 39-15310 (72 FR 73258, 
December 27, 2007).
    Since we issued AD 2007-26-08, we have reconsidered this AD with 
respect to the determination of an unsafe condition.
    We issued AD 2007-26-08 in consideration of the MCAI from an 
aviation authority of another country to identify and correct an unsafe 
condition on an airplane. At that time, we were not aware that there 
were several Cessna Aircraft Company (Cessna) model airplanes equipped 
with the same blowdown bottle part number (P/N) 9910154-4.
    Before issuing an AD on domestic products, we prepare a risk 
assessment of the unsafe condition. A risk assessment was done for the 
Cessna model airplanes. The result of that assessment was not high 
enough to support AD action since the system is a backup system to the 
primary landing gear extension system.
    Based on this risk assessment, we reevaluated the existing AD 
against Reims Aviation Model 406 airplanes (AD 2007-26-08) and 
determined the condition identified in the AD is not an unsafe 
condition.

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.

FAA's Determination and Requirements of the AD Rescission

    We are issuing this AD rescission because we evaluated all 
information and determined the condition identified in the existing AD 
is not unsafe and the AD is not necessary.

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://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, 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 rescinding AD 2007-26-08, Amendment 
39-15310 (72 FR 73258, December 27, 2007):

2007-26-08 R1 Reims Aviation S.A.: Amendment 39-16067; Docket No. 
FAA-2007-0115; Directorate Identifier 2007-CE-080-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
4, 2009.

Affected ADs

    (b) This AD rescinds AD 2007-26-08.

Applicability

    (c) This AD applies to Model F406 airplanes, all serial numbers, 
that are:
    (1) equipped with landing gear emergency blowdown bottle part 
number (P/N) 9910154-4; and
    (2) certificated in any category.

    Issued in Kansas City, Missouri, on October 23, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-26126 Filed 10-29-09; 8:45 am]
BILLING CODE 4910-13-P