[Federal Register: August 21, 2007 (Volume 72, Number 161)]
[Rules and Regulations]
[Page 46539-46540]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au07-1]
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Rules and Regulations
Federal Register
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[[Page 46539]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28842; Directorate Identifier 2007-CE-064-AD;
Amendment 39-15162; AD 2007-17-04]
RIN 2120-AA64
Airworthiness Directives; Aquila Technische Entwicklungen GmbH
(AQUILA) Model AT01 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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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 the aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
Deformations of cross sections of the rear exhaust pipes were
stated on several serial numbers having logged varying operating
hours. One strongly deformed exhaust pipe showed additional cracks
near the welding.
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective September 25, 2007.
As of September 25, 2007 the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in this AD.
We must receive comments on this AD by September 20, 2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web Site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
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.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
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 this 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,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4146; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2006-0151, dated May 30, 2006 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
Deformations of cross sections of the rear exhaust pipes were
stated on several serial numbers having logged varying operating
hours. One strongly deformed exhaust pipe showed additional cracks
near the welding.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Aquila Technische Entwicklungen GmbH has issued Aquila GmbH Service
Bulletin SB-AT01-008, Issue 2, dated April 28, 2006. 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 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 issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.
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 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
highlighted in a Note within the AD.
Comments Invited
Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2007-28842;
[[Page 46540]]
Directorate Identifier 2007-CE-064-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those 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 we
receive about this AD.
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 that 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 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.
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:
2007-17-04 Aquila Technische Entwicklungen GmbH: Amendment 39-15162;
Docket No. FAA-2007-28842; Directorate Identifier 2007-CE-064-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective
September 25, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model AQUILA AT01 airplanes, all serial
numbers, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 05:
Maintenance Checks.
Unsafe Condition
(e) The mandatory continuing airworthiness information (MCAI)
states:
Deformations of cross sections of the rear exhaust pipes were
stated on several serial numbers having logged varying operating
hours. One strongly deformed exhaust pipe showed additional cracks
near the welding.
Actions and Compliance
(f) Unless already done, within the next 10 hours time-in-
service (TIS) after the effective date of this AD and thereafter at
intervals not to exceed 50 hours TIS inspect the exhaust system for
cracks and deformations and, if necessary, replace the defective
parts following Aquila GmbH Service Bulletin and supplement SB-AT01-
008, Issue 2, dated April 28, 2006.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, 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, 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
(h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2006-0151, dated May 30, 2006; and Aquila GmbH Service Bulletin and
supplement SB-AT01-008, Issue 2, dated April 28, 2006, for related
information.
Material Incorporated by Reference
(i) You must use Aquila GmbH Service Bulletin and supplement SB-
AT01-008, Issue 2, dated April 28, 2006, 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
AQUILA GmbH, Flugplatz, D-14959 Schoenhagen, Germany; telephone:
++49 (0) 33731-707-0; fax: ++49 (0) 33731-707-11.
(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/code_of_federal_regulations/ibr_locations.html
.
Issued in Kansas City, Missouri on August 6, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-15913 Filed 8-20-07; 8:45 am]
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