[Federal Register: December 22, 2004 (Volume 69, Number 245)]
[Rules and Regulations]
[Page 76603-76605]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de04-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19222; Directorate Identifier 2004-CE-29-AD;
Amendment 39-13912; AD 2004-26-01]
RIN 2120-AA64
Airworthiness Directives; Eagle Aircraft (Malaysia) Sdn. Bhd.
Model Eagle 150B Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA adopts a new airworthiness directive (AD) for all
Eagle Aircraft (Malaysia) Sdn. Bhd. Model Eagle 150B airplanes. This AD
requires you to inspect the port and starboard undercarriage attach
bracket for unwelded areas and replace the attach bracket if unwelded
areas are found. This AD results from mandatory continuing
airworthiness information (MCAI) issued by the airworthiness authority
for Malaysia. We are issuing this AD to detect and correct inadequate
welding of the undercarriage, which could result in cracks. This
failure could lead to loss of control of the airplane.
DATES: This AD becomes effective on January 31, 2005.
As of January 31, 2005, the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in the regulation.
ADDRESSES: To get the service information identified in this AD,
contact Eagle Aircraft (Malaysia) Sdn. Bhd., P.O. Box 1028, Pejabat Pos
Besar, Melanka, Malaysia, 75150; telephone: 011 606 317 4105;
facsimile: 011 606 317 7213. To review this service information, go to
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.
To view the AD docket, go to the Docket Management Facility; U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov.
The docket number is FAA-2004-19222.
FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
Small Airplane Directorate, ACE-112, 901 Locust, Rm 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; facsimile: (816) 329-4149.
SUPPLEMENTARY INFORMATION:
Discussion
What events have caused this AD? The Department of Civil Aviation,
Malaysia (DCA), which is the airworthiness authority for Malaysia,
recently notified FAA that an unsafe condition may exist on all Eagle
Aircraft Sdn. Bhd. Model Eagle 150B airplanes. The DCA reports one case
of finding cracks on a port main undercarriage attach bracket during a
routine inspection. An unwelded area on the adjoining plates of the
bracket may have caused stress that resulted in the cracking.
What is the potential impact if FAA took no action? Inadequate
welding of the undercarriage attach bracket could result in cracks.
This failure could lead to loss of control of the airplane.
Has FAA taken any action to this point? We issued a proposal to
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to
include an AD that would apply to all Eagle Aircraft Sdn. Bhd. Model
Eagle 150B airplanes. This proposal was published in the Federal
Register as a notice of proposed rulemaking (NPRM) on October 22, 2004
(69 FR 62003). The NPRM proposed to require you to inspect the port and
starboard undercarriage attach bracket for unwelded areas and replace
the attach bracket if unwelded areas are found.
Comments
Was the public invited to comment? We provided the public the
opportunity to participate in developing this AD. We received no
comments on the proposal or on the determination of the cost to the
public.
Conclusion
What is FAA's final determination on this issue? We have carefully
reviewed the available data and determined that air safety and the
public interest require adopting the AD as proposed except for minor
editorial corrections. We have determined that these minor corrections:
--Are consistent with the intent that was proposed in the NPRM for
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already
proposed in the NPRM.
Changes to 14 CFR Part 39--Effect on the AD
How does the revision to 14 CFR part 39 affect this AD? On July 10,
2002, the FAA published a new version of 14 CFR
[[Page 76604]]
part 39 (67 FR 47997, July 22, 2002), which governs the 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.
Costs of Compliance
How many airplanes does this AD impact? We estimate that this AD
affects 13 airplanes in the U.S. registry.
What is the cost impact of this AD on owners/operators of the
affected airplanes? We estimate the following costs to accomplish the
inspection:
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Total cost per Total cost on
Labor cost Parts cost airplane U.S. operators
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.5 work hours x $65 per hour = $32.50........................ N/A $32.50 $422.50
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We estimate the following costs to accomplish any necessary
replacements that will be required based on the results of the
inspection. We have no way of determining the number of airplanes that
may need this replacement:
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Total cost per
Labor cost Parts cost airplane
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1 work hour x $65 per hour = If the attach bracket $65
$65. requires replacement,
Eagle Aircraft has
agreed to provide the
parts without cost.
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Authority for This Rulemaking
What authority does FAA have for issuing this rulemaking action?
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 AD.
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-2004-19222; Directorate Identifier 2004-CE-29-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. FAA amends Sec. 39.13 by adding a new AD to read as follows:
2004-26-01 Eagle Aircraft (Malaysia) SDN. BHD.: Amendment 39-13912;
Docket No. FAA-2004-19222; Directorate Identifier 2004-CE-29-AD.
When Does This AD Become Effective?
(a) This AD becomes effective on January 31, 2005.
What Other ADs Are Affected by This Action?
(b) None.
What Airplanes Are Affected by This AD?
(c) This AD affects Model Eagle 150B airplane, serial numbers
016 through 044, M1001 through M1003, and M1005, that are
certificated in any category.
What Is the Unsafe Condition Presented in This AD?
(d) This AD is the result of unwelded areas on the undercarriage
attach bracket. The actions specified in this AD are intended to
detect and correct inadequate welding of the undercarriage, which
could result in cracks. This failure could lead to loss of control
of the airplane.
What Must I Do To Address This Problem?
(e) To address this problem, you must do the following:
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Actions Compliance Procedures
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(1) Inspect the port and starboard Within 50 hours time-in-service Follow Eagle Aircraft Alert Service
undercarriage attach bracket for after January 31, 2005 (the Bulletin SB 1123, dated August 8,
unwelded areas. effective date of this AD). 2004.
(2) If unwelded areas are found:
[[Page 76605]]
(i) Contact the manufacturer for
replacement parts at mailing
address Eagle Aircraft, P.O.
Box 1028, Pejabat Pos Besar,
Melaka, Malaysia 75150;
telephone: (606) 317-4105,
facsimile: (606) 317-7213;
(ii) Install the replacement Before further flight after the Follow Eagle Aircraft Alert Service
parts. inspection required by paragraph Bulletin SB 1123, dated August 8,
(e)(1) of this AD. 2004.
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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 Karl Schletzbaum,
Aerospace Engineer, Small Airplane Directorate, ACE-112, 901 Locust,
Rm 301, Kansas City, Missouri 64106; telephone: (816) 329-4146;
facsimile: (816) 329-4149.
Is There Other Information That Relates to This Subject?
(g) DCA CAM AD 001-08-2004, dated August 12, 2004, also
addresses the subject of this AD.
Does This AD Incorporate Any Material by Reference?
(h) You must do the actions required by this AD following the
instructions in Eagle Aircraft Alert Service Bulletin SB 1123, dated
August 8, 2004. 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. To get a copy of this
service information, contact Eagle Aircraft, P.O. Box 1028, Pejabat
Pos Besar, Melaka, Malaysia, 75150; telephone: 011 606 317 4105;
facsimile: 011 606 317 7213. To review copies of this service
information, go to 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. To
view the AD docket, go to the Docket Management Facility; U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif
Building, Room PL-401, Washington, DC 20590-001 or on the Internet
at http://dms.dot.gov. The docket number is FAA-2004-19222.
Issued in Kansas City, Missouri, on December 13, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-27814 Filed 12-21-04; 8:45 am]
BILLING CODE 4910-13-P