[Federal Register: March 5, 2007 (Volume 72, Number 42)]
[Rules and Regulations]
[Page 9657-9658]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr07-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26493; Directorate Identifier 2006-CE-78-AD;
Amendment 39-14964; AD 2007-05-03]
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.
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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:
An occurrence of inadvertent manipulation of the fuel shut-off
control has been reported.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective April 9, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 9,
2007.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
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:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. The streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.
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 January 5, 2007 (72
FR 487). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
An occurrence of inadvertent manipulation of the fuel shut-off
control has been reported.
The MCAI requires installing a protector on the fuel shut-off control.
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 a U.S. court of
law. 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
described in a separate paragraph of the AD. These requirements, if
any, take precedence over the actions copied from the MCAI.
Costs of Compliance
We estimate that this AD will affect 10 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with this AD. The average labor rate is $80 per work-hour.
Required parts will cost about $400 per product. Where the service
information lists required parts costs that are covered under warranty,
we have assumed that there will be no charge for these parts. As we do
not control warranty coverage for affected parties, some parties may
incur costs higher than estimated here. Based on these figures, we
estimate the cost of this AD to the U.S. operators to be $4,800, or
$480 per product.
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
[[Page 9658]]
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://dms.dot.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) 647-5227) is in the ADDRESSES section. Comments
will be available in the flyer 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:
2007-05-03 Alpha Aviation Design Limited (Type Certificate No. A48EU
previously held by APEX Aircraft and AVIONS PIERRE ROBIN): Amendment
39-14964; Docket No. FAA-2006-26493; Directorate Identifier 2006-CE-
78-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April 9,
2007.
Affected ADS
(b) None.
Applicability
(c) This AD applies to Model R2160 airplanes, serial numbers 1
through 378, that:
(1) Are certificated in any category; and
(2) Do not have Robin Aviation Modification No. 14 Fuel Shut-off
Control Protector installed.
Reason
(d) The mandatory continuing airworthiness information (MCAI)
states:
An occurrence of inadvertent manipulation of the fuel shut-off
control has been reported.
Actions and Compliance
(e) Do the following actions, unless already done: Within the
next 200 hours time-in-service after April 9, 2007 (the effective
date of this AD), install a protector on the fuel shut-off control
according to the instructions of Robin Aviation Imperative Service
Bulletin No. 180, dated March 20, 2001.
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 Staff, FAA, Small Airplane Directorate, ATTN: Karl
Schletzbaum, Aerospace Engineer, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
(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/R2000/32,
Effective Date: June 29, 2006, for related information.
Material Incorporated by Reference
(h) You must use Robin Aviation Imperative Service Bulletin No.
180, dated March 20, 2001, 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 Design Limited, Ingham Road, Hamilton Airport, R.D.2.
Hamilton 2020, New Zealand.
(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 February 22, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-3475 Filed 3-2-07; 8:45 am]
BILLING CODE 4910-13-P