[Federal Register: March 10, 2005 (Volume 70, Number 46)]
[Rules and Regulations]
[Page 11846-11848]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr05-5]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19897; Directorate Identifier 2004-CE-45-AD;
Amendment 39-14003; AD 2005-05-14]
RIN 2120-AA64
Airworthiness Directives; Eagle Aircraft (Malaysia) Sdn. Bhd.
Model Eagle 150B Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain
Eagle Aircraft (Malaysia) Sdn. Bhd. Model Eagle 150B airplanes. This AD
requires you to modify or replace the co-pilot rudder pedal assembly.
This AD results from mandatory continuing airworthiness information
(MCAI) issued by the airworthiness authority for Malaysia. We are
issuing this AD to prevent binding of the co-pilot rudder pedal
assembly due to premature wear of the bushing, which could result in
loss of co-pilot rudder and brake control. This failure could result in
loss of control of the airplane.
DATES: This AD becomes effective on April 22, 2005.
As of April 22, 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., PO Box 1028, Pejabat Pos
Besar, Melaka, 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-2004-19897; Directorate
Identifier 2004-CE-45-AD.
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 certain
Eagle Aircraft Sdn. Bhd. Model Eagle 150B airplanes. The DCA reports
two incidents of the co-pilot rudder pedal assembly, part number (P/N)
2720D07-02, binding and becoming inoperable during flight.
Investigation revealed that the two incidents resulted from
premature wear of the bushing, P/N 2720D08-39, in the co-pilot rudder
pedal assembly. Premature wear of the bushing allowed
[[Page 11847]]
it to slide of out the housing resulting in excessive play between the
co-pilot rudder pedal assembly and the shaft. That condition caused the
co-pilot rudder control pushrod pivot, P/N 2720D08-31/04, to bind with
the co-pilot pivot arms, P/N 2720D08-42.
Stronger material is used now to manufacture the bushing and it has
also been improved by including side stoppers.
What is the potential impact if FAA took no action? If not
corrected, binding of the co-pilot rudder pedal assembly could result
in loss of co-pilot rudder and brake control. This failure could result
in 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 certain Eagle Aircraft (Malaysia)
Sdn. Bhd. Model Eagle 150B airplanes. This proposal was published in
the Federal Register as a notice of proposed rulemaking (NPRM) on
January 12, 2005 (70 FR 2070). The NPRM proposed to require you to
modify or replace the co-pilot rudder pedal assembly.
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 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
modification:
----------------------------------------------------------------------------------------------------------------
Labor hours Parts cost Total cost per airplane
----------------------------------------------------------------------------------------------------------------
4 work hours x $65 per hour = $260. Eagle Aircraft has Not applicable.
Eagle Aircraft has agreed to agreed to provide the
reimburse for the cost of labor. parts without cost.
----------------------------------------------------------------------------------------------------------------
We estimate the following costs to accomplish the replacements:
------------------------------------------------------------------------
Total cost per
Labor cost Parts cost airplane
------------------------------------------------------------------------
3 work hours x $65 per hour = $195...... $1,440 $1,635
------------------------------------------------------------------------
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-2004-19897; Directorate Identifier 2004-CE-45-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
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.
[[Page 11848]]
Sec. 39.13 [Amended]
0
2. FAA amends Sec. 39.13 by adding a new AD to read as follows:
2005-05-14 Eagle Aircraft (Malaysia) Sdn. Bhd.: Amendment 39-14003;
Docket No. FAA-2004-19897; Directorate Identifier 2004-CE-45-AD.
When Does This AD Become Effective?
(a) This AD becomes effective on April 22, 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 airplanes, manufacturer
serial numbers (MSN) 016 through 042, that are:
(1) Equipped with a co-pilot rudder pedal assembly welded
design, part number (P/N) 2720D07-02; and
(2) 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. The actions specified in this AD are intended to prevent
binding of the co-pilot rudder pedal assembly due to premature wear
of the bushing, which could result in loss of co-pilot rudder and
brake control. This failure could result in loss of control of the
airplane.
What Must I Do To Address This Problem?
(e) To address this problem, you must do the following, unless
already done:
------------------------------------------------------------------------
Actions Compliance Procedures
------------------------------------------------------------------------
(1) Inspect the co-pilot rudder Inspect within 30 To inspect and
pedal assembly welded design, days after April modify the rudder
part number (P/N) 272ODO7-02, 22, 2005 (the pedal assembly,
for cracks. effective date of follow Eagle
(i) If cracks are found replace this AD). If Aircraft Optional
the assembly with a new bolted cracks are found Service Bulletin
design co-pilot rudder pedal during the SB 1096, dated
assembly, P/N 2720D07-10. inspection, September 16,
(ii) If no cracks are found, before further 2003. To replace
either:. flight replace the rudder pedal
the rudder pedal assembly, follow
assembly. If no Eagle Aircraft
cracks are found Optional Service
during the Bulletin SB 1097,
inspection, dated September
before further 16, 2003.
flight, modify or
replace the
rudder pedal
assembly.
(A) Modify P/N 2720D07-02 by
replacing the rudder
control bushing with a new
P/N 2720D08-39 and
installing a rudder control
stopper, P/N 2720D08-44; or.
(B) Replace P/N 2720D07-02
with a new bolted design co-
pilot rudder pedal
assembly, P/N 2720D07-10.
(2) Do not install a co-pilot As of April 22, Not applicable.
rudder pedal assembly, P/N 2005 (the
2720D07-02, unless it has been effective date of
inspected and modified as this AD).
required in paragraphs (e)(1)
and (e)(1)(ii)(A) of this AD.
------------------------------------------------------------------------
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.
What if I Need To Fly the Airplane to Another Location to Comply With
This AD?
(g) The FAA can issue a special flight permit under sections
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199) to operate your airplane to a location where you can
accomplish the requirements of this AD provided that the following
is adhered to:
(1) Remove the co-pilot rudder pedal assembly, P/N 2720D07-02,
from installation following Eagle Aircraft Mandatory Service
Bulletin SB 1095, dated September 16, 2003; and
(2) Install a temporary placard in a visible place on the
instrument panel that has the following wording: ``WARNING: CO-PILOT
RUDDER PEDAL IS NON-FUNCTIONAL.''
Is There Other Information That Relates to This Subject?
(h) Malaysia CAM AD 002-10-2004, Issue date: October 30, 2004,
also addresses the subject of this AD.
Does This AD Incorporate Any Material by Reference?
(i) You must do the actions required by this AD following the
instructions in Eagle Aircraft Optional Service Bulletin SB 1096,
dated September 16, 2003; and Eagle Aircraft Optional Service
Bulletin SB 1097, dated September 16, 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. 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-2004-19897; Directorate
Identifier 2004-CE-45-AD.
Issued in Kansas City, Missouri, on March 2, 2005.
Nancy C. Lane,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-4554 Filed 3-9-05; 8:45 am]
BILLING CODE 4910-13-P