[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Pages 70200-70202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27914]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0963; Directorate Identifier 2013-CE-034-AD; 
Amendment 39-17663; AD 2013-23-08]
RIN 2120-AA64


Airworthiness Directives; AQUILA--Aviation by Excellence AG 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments

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SUMMARY: We are adopting a new airworthiness directive (AD) AQUILA--
Aviation by Excellence AG Model AT01 airplanes. This AD results from 
mandatory continuing airworthiness information (MCAI) issued by the 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as a defective sealing of a tapped through bore hole at the 
inside of the fuel tank openings in combination with prolonged periods 
at maximum fuel level. We are issuing this AD to require actions to 
address the unsafe condition on these products.

DATES: This AD is effective December 30, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 30, 
2013.
    We must receive comments on this AD by January 9, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact AQUILA 
Aviation GmbH, OT Schoenhagen, Flugplatz, D-14959 Trebbin, Germany; 
phone: +49-(0) 33731-707-0; fax: +49 (0) 33731-707-11; Internet: http://www.aquila-aviation.de/; email: [email protected]. You 
may review this referenced service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call (816) 
329-4148.

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 this AD, 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.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4059; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No. 2013-0236, dated September 25, 2013

[[Page 70201]]

(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    During repair in the wing tank area it was discovered that, when 
the tank is filled to a maximum level, fuel can soak into the upper 
shell sandwich of the wings. This can be detected from damaged 
finishing of the upper wing shells or from yellow discoloured 
bonding wire insulation.
    The root cause is a defective sealing of a tapped through bore 
hole at the inside of the fuel tank openings in combination with 
prolonged periods at maximum fuel level.
    This condition, if not detected and corrected, could cause long-
term structural degradation of the wing structure.
    To address this potential unsafe condition, AQUILA issued 
Service Bulletin (SB)-AT01-027 providing instructions for the 
inspection and sealing of tapped bore holes inside both fuel tank 
openings.
    For the reasons described above, this AD requires repetitive 
inspections of the wing tank area and, depending on findings, 
corrective actions.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-0963.

Relevant Service Information

    AQUILA Aviation GmbH issued Vorgeschrieben Technische Mitteilung 
SB-AT01-027, dated August 15, 2013 (English translation: Mandatory 
Service Bulletin SB-AT01-027, Issue A.02, dated August 15, 2013). The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the 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 issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.
FAA's Determination of the Effective Date
    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because there 
are no airplanes currently on the U.S. registry and thus, does not have 
any impact upon the public. Therefore, we find that notice and 
opportunity for prior public comment are unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2013-0963; Directorate 
Identifier 2013-CE-034-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 0 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $0, or $0 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 2 work-hours and require parts costing $100, for a cost of 
$270 per product. We have no way of determining the number of products 
that may need these actions.

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 that this AD:
    (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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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:

2013-23-08 AQUILA--Aviation by Excellence AG: Amendment 39-17663; 
Docket No. FAA-2013-0963; Directorate Identifier 2013-CE-034-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 30, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Aquila--Aviation by Excellence AG Model AT01 
airplanes, serial numbers AT01-100 through AT01-299, certificated in 
any category.

[[Page 70202]]

 (d) Subject

    Air Transport Association of America (ATA) Code 28: Fuel.

(e) Reason

    This AD was prompted by 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 a defective 
sealing of a tapped through bore hole at the inside of the fuel tank 
openings in combination with prolonged periods at maximum fuel 
level. We are issuing this AD to detect and correct a defective 
sealing of a tapped through bore hole at the inside of the fuel tank 
openings, which if not detected and corrected, could cause long-term 
structural degradation of the wing structure.

(f) Actions and Compliance

    Unless already done, do the following actions, as specified in 
paragraphs (f)(1) through (f)(6), including subparagraphs, of this 
AD:

    Note 1 to paragraph (f) of this AD: The service information 
referenced in this AD contains German to English translation. The 
MCAI cites the English translation. The following is the English to 
German translation of the service information entitled: AQUILA 
Aviation GmbH Vorgeschrieben Technische Mitteilung SB-AT01-027, 
dated August 15, 2013 (English translation: AQUILA Aviation GmbH 
Mandatory Service Bulletin SB-AT01-027, Issue A.02, dated August 15, 
2013). For paragraphs (f)(1) through (f)(6), the service information 
will be cited using the English translation.

    (1) Within 100 hours time-in-service (TIS) after December 30, 
2013 (the effective date of this AD) or 3 months after December 30, 
2013 (the effective date of this AD), whichever occurs first, and 
repetitively thereafter at intervals not to exceed 12 months, 
visually inspect the left hand (LH) and right hand (RH) wing tank 
areas following paragraph (1) of the Actions section of AQUILA 
Aviation GmbH Mandatory Service Bulletin SB-AT01-027, Issue A.02, 
dated August 15, 2013.
    (2) Concurrent with the initial inspection required in paragraph 
(f)(1) of this AD, seal the tapped through bore holes inside the LH 
and RH fuel tank openings following paragraph (2) of the Actions 
section of AQUILA Aviation GmbH Mandatory Service Bulletin SB-AT01-
027, Issue A.02, dated August 15, 2013.
    (3) If, during any subsequent inspection required in paragraph 
(f)(1) of this AD, a tapped through bore hole inside the LH or RH 
fuel tank opening is found to be improperly sealed, within the next 
100 hours TIS after detecting the improper seal or 3 months after 
detecting the improper seal, whichever occurs first, renew the 
sealing of the affected bore hole following paragraph (2) of the 
Actions section of AQUILA Aviation GmbH Mandatory Service Bulletin 
SB-AT01-027, Issue A.02, dated August 15, 2013.
    (4) If, during any inspection required in paragraph (f)(1) of 
this AD, the upper wing shells show damaged finishing in the tank 
areas, before further flight, contact AQUILA Aviation GmbH following 
paragraph (3) of the Actions section of AQUILA Aviation GmbH 
Mandatory Service Bulletin SB-AT01-027, Issue A.02, dated August 15, 
2013, at the address identified in paragraph (i)(3) of this AD for 
an approved repair scheme and, accomplish the repair scheme before 
further flight.
    (5) Accomplishment of corrective actions required in paragraph 
(f)(3) or (f)(4) of this AD does not constitute terminating action 
for the repetitive inspections required by paragraph (f)(1) of this 
AD.
    (6) After accomplishment of the required initial inspection and 
sealing in paragraphs (f)(1) and (f)(2) of this AD, compliance with 
the requirements of this AD can be demonstrated by:
    (i) Revising the approved Aircraft Maintenance Program (AMP) and 
standard practices (Instructions for Continued Airworthiness) on the 
basis of which the operator or the owner ensures the continuing 
airworthiness of each airplane: Incorporate the repetitive 12 
calendar month visual inspection of the LH and RH wing tank areas 
required in paragraph (f)(1) of this AD, Actions section of AQUILA 
Aviation GmbH Mandatory Service Bulletin SB-AT01-027, Issue A.02, 
dated August 15, 2013; and
    (ii) Complying with the approved AMP described in paragraph 
(f)(6)(i) of this AD.

(g) Other FAA AD Provisions

    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: Doug Rudolph, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4059; fax: (816) 329-4090; email: 
[email protected]. 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.

 (h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No. 
2013-0236, dated September 25, 2013, for related information. You 
may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2013-0963.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) AQUILA Aviation GmbH Vorgeschrieben Technische Mitteilung 
SB-AT01-027, dated August 15, 2013 (English translation: AQUILA 
Aviation GmbH Mandatory Service Bulletin SB-AT01-027, Issue A.02, 
dated August 15, 2013).

    Note 2 to paragraph (i)(2)(i) of this AD: This service 
information contains German to English translation. EASA used the 
English translation in referencing the documents from AQUILA 
Aviation GmbH. For enforceability purposes, we will refer to the 
AQUILA Aviation GmbH service information as the titles appear on the 
documents.

    (ii) Reserved.
    (3) For AQUILA--Aviation by Excellence AG service information 
identified in this AD, contact AQUILA Aviation GmbH, OT Schoenhagen, 
Flugplatz, D-14959 Trebbin, Germany; phone: +49-(0) 33731-707-0; 
fax: +49 (0) 33731-707-11; Internet: http://www.aquila-aviation.de/; 
email: [email protected].
    (4) You may view this service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.
    (5) You may view this service information that is incorporated 
by reference 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 November 5, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-27914 Filed 11-22-13; 8:45 am]
BILLING CODE 4910-13-P