[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Proposed Rules]
[Pages 54919-54922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21916]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0701; Directorate Identifier 2014-CE-025-AD]
RIN 2120-AA64


Airworthiness Directives; Various de Havilland Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Harry E. Williams de Havilland Model DH 82A airplanes, all Cliff 
Robertson de Havilland Model DH 82A airplanes, and all de Havilland 
Model DH 83 airplanes. This proposed AD was prompted by reports of 
structural failure of the attachment of the wing to the fuselage that 
resulted from failed lateral fuselage tie rods. This proposed AD would 
require inspecting the aircraft maintenance records to determine the

[[Page 54920]]

date of installation or the date of last replacement of the lateral 
fuselage tie rods. This proposed AD would also require repetitively 
replacing all lateral fuselage tie rods and attaching nuts at a 
specified life limit interval. We are proposing this AD to correct the 
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 30, 
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, for de 
Havilland DH 82A airplanes, contact de Havilland Support Ltd., Building 
213, Duxford Airfield, Cambridge, United Kingdom CB22 4QR, telephone: 
+44 (0) 1223 830090; fax: +44 (0) 1223 83008; email: 
[email protected], Internet: http://www.dhsupport.com/moth.php.
    For service information identified in this proposed AD, for de 
Havilland DH 83 airplanes, contact Air Stratus Ltd., Oaksey Park 
Airfield, Oaksey, Malmesbury, Wiltshite, United Kingdom SN 16 9SD, 
telephone: +44 (0) 1666 575111; no known Internet address.
    You may view this referenced service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64016. 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 by searching for and locating Docket No. FAA-2014-
0701; 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 proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: For airplanes covered under Type 
Certificate Data Sheet (TCDS) A5PC (Model de Havilland DH 82A airplanes 
built in Australia): Andrew McAnaul, Aerospace Engineer, FAA, Fort 
Worth Airplane Certification Office, ASW-150 (c/o San Antonio MIDO), 
10100 Reunion Place, Suite 650, San Antonio, Texas 78216; phone: (210) 
308-3365; fax: (210) 308-3370; email: [email protected].
    For airplanes covered under TCDS A8EU (Model de Havilland DH 82A 
airplanes built in the United Kingdom): Fred Guerin, Aerospace 
Engineer, FAA, Los Angeles Aircraft Certification Office, 3960 
Paramount Blvd., Suite 100, Lakewood, California 90712; phone (562) 
627-5232; fax: (562) 627-5210; email: [email protected].
    For airplanes covered under TCDS 2-439 (Model de Havilland DH 83 
airplanes built in the United Kingdom): Karl Schletzbaum, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; phone: (816) 329-4123; fax: (816) 329-4090; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2014-0701; 
Directorate Identifier 2014-CE-025-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://www.regulations.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

    During routine maintenance on a de Havilland Model DH 82 airplane, 
it was found that the lateral fuselage tie rod at the aft position had 
sheared at its location with the spar attachment fitting. Investigation 
revealed that the failure was a result of fatigue cracking in the 
thread root. In addition, the forward tie rod (which had not fractured) 
was distorted and found to have been manufactured from material of 
incorrect specification with a lower tensile strength.
    During our review of the above-referenced cracking and the related 
mandatory service information, we determined that the life limit on the 
lateral fuselage tie rods is not currently addressed for airplanes on 
the U.S. registry. Mandatory service information is required for 
airplanes on the registry in certain other countries, but in the United 
States an AD must be issued to require the actions of a service 
bulletin for all airplanes.
    De Havilland Model DH 82A airplanes (commonly referred to as Tiger 
Moths) are type certificated under two type certificates. TCDS A5PC, 
currently held by Harry E. Williams, is for airplanes built in 
Australia, and TCDS A8EU, currently held by Cliff Robertson, c/o 
Gadbois Business Management, is for airplanes built in the United 
Kingdom. This type certification approval was not by validation, but by 
an acceptance process; as such, the U.S. type certificate holders are 
not the manufacturers of the airplanes and the original manufacturers 
(de Havilland and its licensees) are not type certificate holders.
    De Havilland Support Ltd (DHSL) holds the type certificate 
responsibility for de Havilland Model DH 82A airplanes (the type design 
for TCDS A8EU) in the United Kingdom.
    DHSL is custodian of the airframe design data, manufacturing 
drawings, and repair schemes still in existence for de Havilland Model 
DH 82A Tiger Moth series airplanes only. In 2012, DHSL entered into a 
CAA Type Responsibility Agreement (TRA) so that the airplane remains 
eligible, if required, for an ICAO-compliant Certificate of 
Airworthiness to facilitate training and pleasure flying.
    Similarly, Air Stratus Ltd holds the type certificate 
responsibility for de Havilland Model DH 83 airplanes (the type design 
for TCDS 2-439) in the United Kingdom.
    This condition, if not corrected, could result in structural 
failure of the attachment of the wing to the fuselage. We are issuing 
this proposed AD to correct the unsafe condition on these products.

Relevant Service Information

    We reviewed British Aerospace Military Aircraft and Aerostructures 
BAe Aircraft Bulletin for de Havilland Moth Aircraft, Document Type and 
Ref No Technical News Sheet CT (Moth) No 29, Issue 3, dated March 1, 
1999, which was approved by the Civil Aviation Authority (CAA) for the 
United Kingdom to ensure the continued

[[Page 54921]]

airworthiness of these airplanes in the United Kingdom. The service 
information introduces a life limit for the lateral fuselage tie rods 
and describes procedures for repetitively replacing the lateral 
fuselage tie rods and attaching nuts.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD would affect 69 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                    Cost per       Cost on U.S.
             Action                      Labor cost             Parts cost          product         operators
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Inspect the aircraft maintenance  1 work-hour x $85 per     Not applicable                 $85           $5,865
 records to determine the date     hour = $85
 of installation or date of last
 replacement of the lateral
 fuselage tie rods and attaching
 nuts.
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    We estimate the following costs to the necessary replacements.

                                                 Estimated Costs
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                                                                                                     Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace lateral fuselage tie rods and       30 work-hours x $85 per hour =                $825           $3,375
 attaching nuts.                             $2,550.
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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 proposed 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 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),
    (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.

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

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 airworthiness 
directive (AD):

Harry E. Williams, Cliff Robertson, and de Havilland Airplanes: 
Docket No. FAA-2014-0701; Directorate Identifier 2019-CE-019-AD.

(a) Comments Due Date

    We must receive comments by October 30, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Harry E. Williams and Cliff Robertson Model 
de Havilland DH 82A airplanes, all serial numbers, and de Havilland 
Model DH 83 airplanes, all serial numbers, certificated in any 
category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 5341, Fuselage, Wing Attach Fittings.

(e) Unsafe Condition

    This AD was prompted by reports of structural failure of the 
attachment of the wing to the fuselage that resulted from failed 
lateral fuselage tie rods. We are issuing this AD to correct the 
unsafe condition on these products.

(f) Compliance

    Comply with this AD within the compliance times specified in 
paragraphs (g) through (h) of this AD, unless already done.

[[Page 54922]]

(g) Determine Date of Installation or Date of Last Replacement of the 
Lateral Fuselage Tie Rods and Attaching Nuts

    Within the next 30 days after the effective date of this AD, 
review the aircraft records to determine the date of installation or 
date of last replacement of the lateral fuselage tie rods and 
attaching nuts.

(h) Replace the Lateral Fuselage Tie Rod and Attaching Nuts

    Initially replace the lateral fuselage tie rod and attaching 
nuts at whichever of the compliance times specified in paragraph 
(h)(1) or paragraph (h)(2) of this AD that applies. Repetitively 
thereafter replace the lateral fuselage tie rod and attaching nuts 
every 2,000 hours TIS or 18 years, whichever occurs first. Do the 
replacement following the procedures in paragraph 2.C. of the 
Accomplishment Instructions and the table on Figure 1 in British 
Aerospace Military Aircraft and Aerostructures BAe Aircraft Bulletin 
for De Havilland Moth Aircraft, Document Type and Ref No Technical 
News Sheet CT (Moth) No 29, Issue 3, dated March 1, 1999.
    (1) If the date of lateral fuselage tie rod installation or date 
of last replacement is known: Do the initial replacement at 
whichever of the following compliance times in paragraph (h)(1)(i) 
or paragraph (h)(1)(ii) of this AD that occurs later:
    (i) Upon accumulating 2,000 hours TIS on the lateral fuselage 
tie rod or upon reaching 18 years from the last lateral fuselage tie 
rod replacement, whichever occurs first; or
    (ii) Within the next 6 months after the effective date of this 
AD or within the next 100 hours TIS after the effective date of this 
AD, whichever occurs first.
    (2) If the date of lateral fuselage tie rod installation or date 
of last replacement is not known: Do the initial replacement within 
the next 6 months after the effective date of this AD or within the 
next 100 hours TIS after the effective date of this AD, whichever 
occurs first.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager of the Fort Worth Airplane Certification Office 
(ACO), the Manager of the Los Angeles Aircraft Certification Office 
(ACO), and the Manager of the Standards Office, FAA, have the 
authority to approve AMOCs for their respective products covered by 
this AD, if requested using the procedures found in 14 CFR 39.19. In 
accordance with 14 CFR 39.19, send your request to your principal 
inspector or local Flight Standards District Office, as appropriate. 
If sending information directly to the manager of the applicable FAA 
office, send it to the attention of the person identified in 
paragraphs (j)(1), (j)(2), or (j)(3), as applicable.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    (1) For more information about this AD for airplanes covered 
under Type Certificate Data Sheet (TCDS) A5PC (Model de Havilland DH 
82A airplanes built in Australia), contact Andrew McAnaul, Aerospace 
Engineer, FAA, Fort Worth ACO, ASW-150 (c/o San Antonio MIDO), 10100 
Reunion Place, Suite 650, San Antonio, Texas 78216; phone: (210) 
308-3365; fax: (210) 308-3370; email: [email protected].
    (2) For more information about this AD for airplanes covered 
under TCDS A8EU (Model de Havilland DH 82A airplanes built in the 
United Kingdom), contact Fred Guerin, Aerospace Engineer, FAA, Los 
Angeles ACO, 3960 Paramount Blvd., Suite 100, Lakewood, California 
90712; phone (562) 627-5232; fax: (562) 627-5210; email: 
[email protected].
    (3) For more information about this AD for airplanes covered 
under TCDS 2-439 (Model de Havilland DH 83 airplanes built in the 
United Kingdom), contact Karl Schletzbaum, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; fax: (816) 329-4090; 
email: [email protected].
    (4) For British Aerospace Military Aircraft and Aerostructures 
BAe Aircraft Bulletin for De Havilland Moth Aircraft, Technical New 
Sheet CT (Moth) No 29, Issue 3, dated March 1, 1999, service 
information identified in this AD, contact:
    (i) For de Havilland DH 82A airplanes: de Havilland Support Ltd, 
Building 213, Duxford Airfield, Cambridge, United Kingdom CB22 4QR, 
telephone: +44 (0) 1223 830090; fax: +44 (0) 1223 83008; email: 
[email protected]; Internet: http://www.dhsupport.com/moth.php.
    (ii) For de Havilland DH 83 airplanes: Air Stratus Ltd., Oaksey 
Park Airfield, Oaksey, Malmesbury, Wiltshite, United Kingdom SN 16 
9SD, telephone: +44 (0) 1666 575111; no known Internet address.
    (5) You may view this service information at FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64016. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.

    Issued in Kansas City, Missouri, on September 8, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-21916 Filed 9-12-14; 8:45 am]
BILLING CODE 4910-13-P