

[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Proposed Rules]               
[Page 57896-57898]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11oc07-22]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26490; Directorate Identifier 2006-CE-75-AD]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) issued by an aviation 
authority of

[[Page 57897]]

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 * * *

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 13, 
2007.

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.

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 proposed 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: 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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2006-
26490; Directorate Identifier 2006-CE-75-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

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for New Zealand, has issued AD DCA/R2000/28, dated September 
28, 2006 (referred to after this as ``the MCAI''), 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.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Avions Pierre Robin (recent type certificate responsibility was 
with APEX Aircraft and current responsibility with Alpha Aviation 
Design Limited) has issued Service Bulletin No. 123, revision 2, dated 
November 14, 1995; and Mandatory Service Bulletin No. 123, revision 3, 
issued December 23, 1999.
    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 Proposed 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 proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed 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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the proposed AD. These 
requirements, if ultimately adopted, will take precedence over the 
actions copied from the MCAI.

Costs of Compliance

    We estimate that this proposed AD will affect 10 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 proposed 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 proposed AD to 
the U.S. operators to be $25,260 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 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

[[Page 57898]]

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); 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Alpha Aviation Design Limited (Type Certificate No. A48EU previously 
held by Apex Aircraft and Avions Pierre Robin): Docket No. FAA-2006-
26490; Directorate Identifier 2006-CE-75-AD.

Comments Due Date

    (a) We must receive comments by November 13, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model R2160 airplanes, serial numbers 001 
through 378, certificated in any category.

Reason

    (d) 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

    (e) Unless already done, do the following actions:
    (1) 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 the effective date of this AD, 
whichever occurs later, and thereafter at intervals not to exceed 
750 hours TIS, disassemble the wings from the fuselage and inspect 
the wing structure and assembly components following instruction No. 
1 in Robin Aviation Service Bulletin No. 123, revision 3, dated 
December 23, 1999. If any defects are found, before further flight, 
repair following Robin Aviation Service Bulletin No. 123, revision 
3, dated December 23, 1999; and Avions Pierre Robin Service Bulletin 
No. 123, revision 2, issued November 14, 1995.
    (2) For airplanes with 4,000 hours TIS or more that do not have 
the special instruction in paragraph E of Avions Pierre Robin 
Service Bulletin No. 123, revision 2, dated November 14, 1995, 
incorporated: Within the next 100 hours TIS after the effective date 
of this AD and thereafter at intervals not to exceed 750 hours TIS, 
disassemble the wings from the fuselage and inspect the wing 
structure and assembly components following instruction No. 1 in 
Robin Aviation Service Bulletin No. 123, revision 3, dated December 
23, 1999. If any defects are found, before further flight, repair 
following Robin Aviation Service Bulletin No. 123, revision 3, dated 
December 23, 1999; and Avions Pierre Robin Service Bulletin No. 123, 
revision 2, issued November 14, 1995.
    (3) For airplanes with 4,000 hours TIS or more that have the 
special instruction in paragraph E of Avions Pierre Robin Service 
Bulletin No. 123, revision 2, dated November 14, 1995, incorporated: 
Within the next 750 hours TIS after the effective date of this AD 
and thereafter at intervals not to exceed 750 hours TIS, disassemble 
the wings from the fuselage and inspect the wing structure and 
assembly components following instruction No. 1 in Robin Aviation 
Service Bulletin No. 123, revision 3, dated December 23, 1999. If 
any defects are found, before further flight, repair following Robin 
Aviation Service Bulletin No. 123, revision 3, dated December 23, 
1999; and Avions Pierre Robin Service Bulletin No. 123, revision 2, 
issued November 14, 1995.
    (4) For all airplanes: When the airplane reaches a total of 
3,500 hours TIS after installation of the wing-to-fuselage bolts or 
within the next 100 hours TIS after 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.
    (5) For all airplanes: 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: This AD differs from the MCAI and/or service information 
as follows: No Differences.

Other FAA AD Provisions

    (f) 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

    (g) Refer to MCAI Civil Aviation Authority AD DCA/R2000/28, 
dated September 28, 2006; Avions Pierre Robin Service Bulletin No. 
123, revision 2, issued November 14, 1995; and Robin Aviation 
Mandatory Service Bulletin No. 123, revision 3, issued December 23, 
1999, for related information.

    Issued in Kansas City, Missouri, on October 4, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-20047 Filed 10-10-07; 8:45 am]

BILLING CODE 4910-13-P
