[Federal Register: May 27, 2004 (Volume 69, Number 103)]
[Rules and Regulations]
[Page 30189-30192]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27my04-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-17890; Directorate Identifier 2004-CE-14-AD;
Amendment 39-13649; AD 2004-11-04]
RIN 2120-AA64
Airworthiness Directives; Eagle Aircraft (Malaysia) Sdn. Bhd
Model Eagle 150B Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Eagle Aircraft (Malaysia) Sdn. Bhd (Eagle Aircraft) Model Eagle 150B
airplanes. This AD requires you to inspect certain canard inboard flap
hinge support brackets (initially prior to further flight and
repetitively before the first flight of each day) and perform any
necessary follow-up action. This AD is the result of mandatory
continuing airworthiness information (MCAI) issued by the airworthiness
authorities for Australia and Malaysia. We are issuing this AD to
prevent failure of the canard inboard flap hinge support brackets
caused by undetected cracks. This failure could result in asymmetric
flap deployment and the inability to lower or raise the flaps with
consequent loss of control of the airplane.
DATES: This AD becomes effective on June 4, 2004.
As of June 4, 2004, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in the
regulation.
We must receive any comments on this AD by June 26, 2004.
ADDRESSES: Use one of the following to submit comments on this AD:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
You may get the service information identified in this AD from
Eagle Aircraft, P.O. Box 1028, Pejabat Pos Besar Melaka, 75150 Melaka,
Malaysia; telephone: (606) 317-4105; facsimile: (606) 317-7213.You may
review copies at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
go to: http://www.archives.gov/ federal--register/ code--of--federal--
regulations /ibr--locations.html or call (202) 741-6030.
You may view the AD docket at the Docket Management Facility; U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC, or at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; facsimile: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
What events have caused this AD? The Department of Civil Aviation
(DCA) for Malaysia recently issued AD No.: CAM AD 001-2004, dated
January 19, 2004, against Eagle Aircraft Models X-TS, X-TS 150, and
150B airplanes. CAM AD 001-2004 requires the following for these
airplanes that are registered for operation in Malaysia:
--a visual inspection of the gusset weld area of the canard inboard
flap hinge support brackets for cracks (cracked, lifted, or missing
paint in the area of the weld or suspected cracks);
[[Page 30190]]
--a more detailed inspection (using fluorescent penetrant inspection
(FPI) methods) if any of the above conditions exist; and
--replacement of any canard inboard flap hinge support bracket with
cracks and continued repetitive inspections of the replacement bracket.
The DCA is currently the country with State of Design
responsibilities on the affected airplanes. Prior to the DCA, the Civil
Aviation Safety Authority (CASA) of Australia had the State of Design
responsibilities. During this time, the CASA issued CASA AD/X-TS/5,
dated October 2003, to address the unsafe condition and require the
above actions on Models XTS-150 and 150B airplanes registered for
operation in Australia.
The Australian and Malaysian ADs were issued based on reports of
cracks in the gusset weld area of the canard inboard flap hinge support
brackets on several of the affected airplanes. Neither authority has
been able to attribute the cracks to a specific cause. The probable
causes are:
manufacturing defects: the part might have suffered from a
burn-through during welding or the outperforming stress relieving
process after welding;
design problems: poor distribution of stress concentration
could create fatigue hotspots; and
operational problems: pilot exceeds Vfe (flap extension
speed), inducing loads higher than the certificated limit load).
In addition, no information exists regarding damage tolerance on
these brackets to show the part can absorb any kind of crack without
leading to immediate failure.
Based on all of this, the CASA and DCA both issued ADs for their
respective countries that require prior to further flight initial
inspections and before the first flight of each day repetitive
inspections.
The Eagle Aircraft Model Eagle 150B is the only affected airplane
model type certificated for operation in the United States. There are
currently 11 of these airplanes on the U.S. registry.
What is the potential impact if FAA took no action? Cracks in the
canard inboard flap hinge support brackets, if not detected and
corrected, could lead to failure of these brackets. This failure could
result in asymmetric flap deployment and the inability to lower or
raise the flaps with consequent loss of control of the airplane.
Is there service information that applies to this subject? Eagle
Aircraft has issued Mandatory Service Bulletin SB 1109, Revision
Original, Effective Date August 29, 2003.
What are the provisions of this service information? The service
bulletin includes procedures for performing the actions required by AD
No.: CAM AD 001-2004, dated January 19, 2004.
Did the CASA of Australia and the DCA of Malaysia inform the United
States under the bilateral airworthiness agreement? The Model Eagle
150B airplanes are manufactured in Australia or Malaysia (with Malaysia
having current State of Design responsibilities) and are type-
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement.
Under this bilateral airworthiness agreement, the CASA and DCA have
kept us informed of the situation described above.
FAA's Determination and Requirements of This AD
What has FAA decided? We have examined the CASA's and DCA's
findings, reviewed all available information, and determined that we
need to issue an AD for products of this type design that are
certificated for operation in the United States.
Since the unsafe condition described previously is likely to exist
or develop on other Eagle Aircraft Model Eagle 150B airplanes of the
same type design that are registered in the United States, we are
issuing this AD to prevent failure of the canard inboard flap hinge
support brackets caused by undetected cracks. This failure could result
in asymmetric flap deployment and the inability to lower or raise the
flaps with consequent loss of control of the airplane.
What does this AD require? This AD requires you to perform the
actions referenced in the previously-referenced service information.
In preparing this rule, we contacted type clubs and aircraft
operators to get technical information and information on operational
and economic impacts. We did not receive any information through these
contacts. If received, we would have included a discussion of any
information that may have influenced this action in the rulemaking
docket.
Are there differences between this AD and the Malaysian and
Australian ADs? Yes. The Australian AD allows an appropriately trained
pilot to perform the visual inspections of the canard inboard flap
hinge support brackets. Although the Malaysian AD does not specifically
state this, it does refer to the Australian AD. Regardless, the Federal
Aviation Regulations (14 CFR 43.3) only allow the pilot to perform
preventive maintenance as described in 14 CFR part 43, App. A,
paragraph (c). These visual inspections are not considered preventive
maintenance under 14 CFR part 43, App. A, paragraph (c). Therefore, an
appropriately-rated mechanic must perform all actions of this AD.
How does the revision to 14 CFR part 39 affect this AD? On July 10,
2002, we published a new version of 14 CFR part 39 (67 FR 47997, July
22, 2002), which governs FAA's AD system. This regulation now includes
material that relates to altered products, special flight permits, and
alternative methods of compliance. This material previously was
included in each individual AD. Since this material is included in 14
CFR part 39, we will not include it in future AD actions.
Comments Invited
Will I have the opportunity to comment before you issue the rule?
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment; however, we invite you to submit any written relevant data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include the docket number, ``FAA-2004-17890;
Directorate Identifier 2004-CE-14-AD'' at the beginning of your
comments. We will post all comments we receive, without change, to
http://dms.dot.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this AD.
Using the search function of our docket Web site, anyone can find
and read the comments received into any of our dockets, including the
name of the individual who sent the comment (or signed the comment on
behalf of an association, business, labor union, etc.). This is docket
number FAA-2004-17890; Directorate Identifier 2004-CE-14-AD. You may
review the DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78) or you may visit http://dms.dot.gov
.
Are there any specific portions of this AD I should pay attention
to? We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. If you contact
us through a nonwritten communication and that contact relates to a
substantive part of this AD, we will summarize the contact and place
the summary in the docket.
[[Page 30191]]
We will consider all comments received by the closing date and may
amend this AD in light of those comments and contacts.
Docket Information
Where can I go to view the docket information? You may view the AD
docket that contains the AD, any comments received, and any final
disposition in person at the DMS Docket Offices between 9 a.m. and 5
p.m. (eastern standard time), Monday through Friday, except Federal
holidays. The Docket Office (telephone 1-800-647-5227) is located on
the plaza level of the Department of Transportation Nassif Building at
the street address stated in ADDRESSES. You may also view the AD docket
on the Internet at http://dms.dot.gov. The comments will be available
in the AD docket shortly after the DMS receives them.
Regulatory Findings
Will this AD impact various entities? We have 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.
Will this AD involve a significant rule or regulatory action? 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); 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 summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary by
sending a request to us at the address listed under ADDRESSES. Include
``Docket No. FAA-2004-17890; Directorate Identifier 2004-CE-14-AD'' in
your request.
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 Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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):
2004-11-04 Eagle Aircraft (Malaysia) SDN. BHD: Amendment 39-13649;
Docket No. FAA-2004-17890; Directorate Identifier 2004-CE-14-AD.
When Does This AD Become Effective?
(a) This AD becomes effective on June 4, 2004.
Are Any Other ADs Affected by This Action?
(b) None.
What Airplanes Are Affected by This AD?
(c) This AD affects Model Eagle 150B airplanes, all serial
numbers, that are certificated in any category.
What Is the Unsafe Condition Presented in This AD?
(d) This AD is the result of mandatory continuing airworthiness
information (MCAI) issued by the airworthiness authority for
Malaysia and Australia. We are issuing this AD to prevent failure of
the canard inboard flap hinge support brackets caused by undetected
cracks. This failure could result in asymmetric flap deployment and
the inability to lower or raise the flaps with consequent loss of
control of the airplane.
What Must I Do To Address This Problem?
(e) To address this problem, you must do the following:
Note: The Australian AD allows an appropriately trained pilot to
perform the visual inspections of the canard inboard flap hinge
support brackets. Although the Malaysian AD does not specifically
state this, it does refer to the Australian AD. Regardless, the
Federal Aviation Regulations (14 CFR 43.3) only allow the pilot to
perform preventive maintenance as described in 14 CFR part 43, App.
A, paragraph (c).
These visual inspections are not considered preventive
maintenance under 14 CFR part 43, App. A, paragraph (c). Therefore,
an appropriately-rated mechanic must perform all actions of this AD.
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Actions Compliance Procedures
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(1) Inspect the gusset weld Initially inspect Follow Eagle
area of the canard inboard prior to the next Aircraft Mandatory
flap hinge support flight after June Service Bulletin SB
brackets, part number (P/N) 4, 2004 (the 1109, Revision
5731D01-05 and P/N 5731D01- effective date of Original, Effective
02, for cracks (cracked, this AD). Date August 29,
lifted, or missing paint in Repetitively 2003.
the area of the weld or inspect thereafter
suspected cracks). before the first
flight of each day.
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(2) If cracked, lifted, or Prior to further Follow Eagle
missing paint in area of flight after any Aircraft Mandatory
the weld or suspected inspection required Service Bulletin SB
cracks are found during any by paragraph (e)(1) 1109, Revision
inspection required in where cracked, Original, Effective
paragraph (e)(1) of this lifted, or missing Date August 29,
AD, inspect the affected paint in the area 2003.
bracket more fully as of the weld or
specified in the service suspected cracks
bulletin. are found.
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(3) If any crack(s) is/are Replace prior to Follow Eagle
found during any inspection further flight Aircraft Mandatory
required by this AD, after the Service Bulletin SB
replace the cracked bracket inspection where 1109, Revision
and continue to inspect per cracks are found. Original, Effective
paragraphs (e)(1) and Inspect prior to Date August 29,
(e)(2) of this AD. the next flight 2003.
after June 4, 2004
(the effective date
of this AD) and
thereafter before
the first flight of
each day.
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May I Request an Alternative Method of Compliance?
(f) You may request a different method of compliance or a
different compliance time for this AD by following the procedures in
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to
your principal inspector. The principal inspector may add comments
and will send your request to the Manager, Standards Office, Small
Airplane Directorate, FAA. For information on any already approved
alternative methods of compliance, contact Doug Rudolph, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone: (816) 329-4059; facsimile:
(816) 329-4090.
[[Page 30192]]
May I Obtain a Special Flight Permit for This AD?
(g) No. Special flight permits are not allowed for this AD. Part
39 of the Federal Aviation Regulations (14 CFR part 39) provides
blanket approval of special flight permits for ADs, unless otherwise
specified in the individual AD. The FAA has determined that the
safety issue is severe enough that failure of the canard inboard
flap hinge support brackets must be prevented and cracks in this
area must be detected before further operation.
Does This AD Incorporate Any Material by Reference?
(h) You must do the actions required by this AD following the
instructions in Eagle Aircraft Mandatory Service Bulletin SB 1109,
Revision Original, Effective Date August 29, 2003. The Director of
the Federal Register approved the incorporation by reference of this
service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. You may get a copy from Eagle Aircraft, P.O. Box 1028, Pejabat
Pos Besar Melaka, 75150 Melaka, Malaysia; telephone: (606) 317-4105;
facsimile: (606) 317-7213. You may review copies at 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, go to: http://www.archives.gov/ federal--register/
code--of--federal--regulations /ibr--locations.html or call (202)
741-6030. You may view the AD docket at the Docket Management
Facility; U.S. Department of Transportation, 400 Seventh Street,
SW., Nassif Building, Room PL-401, Washington, DC, or on the
Internet at http://dms.dot.gov.
Is There Other Information That Relates to This Subject?
(i) Malaysian AD No.: CAM AD 001-2004, dated January 19, 2004,
and Australian AD No.: CASA AD/X-TS/5, dated October 2003, also
address the subject of this AD.
Issued in Kansas City, Missouri, on May 20, 2004.
Dorenda D. Baker,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-11876 Filed 5-26-04; 8:45 am]
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