[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Rules and Regulations]
[Page 27917-27919]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn09-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0323 Directorate Identifier 2009-CE-012-AD;
Amendment 39-15937; AD 2009-12-14]
RIN 2120-AA64
Airworthiness Directives; Aeromot-Industria Mecanico Metalurgica
ltda. Model AMT-200 and AMT-300 Series Gliders
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:
It has been found that the coolant liquid EVANS NPG + is a
flammable fluid. The engine liquid cooling system of the affected
Aeromot aircrafts is not designed to operate with flammable liquids.
Therefore, there is an unacceptable engine fire risk associated with
the use of Evans NPG + fluid.
DATES: This AD becomes effective July 17, 2009.
On July 17, 2009, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.
ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.
FOR FURTHER INFORMATION CONTACT: Greg Davison, Glider Program Manager,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090.
[[Page 27918]]
SUPPLEMENTARY INFORMATION:
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 April 8, 2009 (74 FR
15894). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
It has been found that the coolant liquid EVANS NPG + is a
flammable fluid. The engine liquid cooling system of the affected
Aeromot aircrafts is not designed to operate with flammable liquids.
Therefore, there is an unacceptable engine fire risk associated with
the use of Evans NPG + fluid.
The MCAI requires replacement of the EVANS NPG + coolant liquid,
application of new red lines on the engine cylinder head temperature
gauge, replacement of the engine radiator cap, and insertion of
information into the airplane flight manual (AFM). We are issuing this
AD to require actions to correct the unsafe condition on these
products.
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 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.
Costs of Compliance
Based on the service information, we estimate that this AD will
affect 55 products of U.S. registry. We also estimate that it will take
about 1 work-hour per product to comply with the basic requirements of
this AD. The average labor rate is $80 per work-hour. Required parts
will cost about $30 per product.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $6,050, or $110 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 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://
www.regulations.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) 647-5527) is in the ADDRESSES
section. Comments will be available in the AD 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:
2009-12-14 Aeromot-Industria Mecanico Metalurgica ltda.: Amendment
39-15937; Docket No. FAA-2009-0323; Directorate Identifier 2009-CE-
012-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective July 17,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all serial numbers of the following
gliders that are certificated in any category:
(1) Model AMT-100 gliders as modified to Model AMT-200 gliders;
and
(2) Models AMT-200, AMT-200S, and AMT-300 gliders.
Subject
(d) Air Transport Association of America (ATA) Code 73: Engine
Fuel & Control.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found that the coolant liquid EVANS NPG + is a
flammable fluid. The engine liquid cooling system of the affected
Aeromot aircrafts is not designed to operate with flammable liquids.
Therefore, there is an unacceptable engine fire risk associated with
the use of EVANS NPG + fluid.
Since this condition may occur in other aircraft of the same
type and affects flight safety, an immediate corrective action is
required. Thus, sufficient reason exists to request compliance with
this AD in the indicated time limit without prior notice.
The MCAI requires replacement of the EVANS NPG + coolant liquid,
application of new red lines on the engine cylinder head temperature
gauge, replacement of the engine radiator cap, and insertion of
information into the airplane flight manual (AFM).
[[Page 27919]]
Actions and Compliance
(f) Unless already done, do the following actions within the
next 20 hours time-in-service after July 17, 2009 (the effective
date of this AD) or within the next 30 days after July 17, 2009 (the
effective date of this AD), whichever occurs first, following
AEROMOT Alert Service Bulletin No. 200-71-106, Rev. B, dated
December 20, 2006; ROTAX Aircraft Engines Mandatory Service Bulletin
SB-912-043 R2/SB-914-029 R2, dated November 10, 2006; and ROTAX
Aircraft Engines Service Instruction SI-912-016/SI-914-019, dated
August 28, 2006:
(1) Replace the EVANS NPG + cooling liquid with a conventional,
FAA-approved coolant for the ROTAX 912 and 914 series engines.
(2) Apply a new red line marking on the engine cylinder head
temperature gauge at 120 degrees C/248 degrees F.
(3) Replace the radiator cap part number (P/N) 922075 from the
affected engines with a new radiator cap P/N 922070.
(4) Insert into the AFM Limitations section an amendment to
include the new operation limit of the cylinder head temperature to
120 degrees C/248 degrees F by inserting a copy of AEROMOT Alert
Service Bulletin No. 200-71-106, Rev. B, dated December 20, 2006,
into the AFM, Limitations section, Section 2 on item 2.4, power
plant, fuel and oil limitations and item 2.5, power plant instrument
markings.
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 Office, 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: Greg Davison, Glider Program Manager, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4130; 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 ANAC Brazilian Airworthiness Directive AD No.
2007-01-01, dated January 29, 2007; AEROMOT Alert Service Bulletin
No. 200-71-106, Rev. B, dated December 20, 2006; ROTAX Aircraft
Engines Mandatory Service Bulletin SB-912-043 R2/SB-914-029 R2,
dated November 10, 2006; and ROTAX Aircraft Engines Service
Instruction SI-912-016/SI-914-019, dated August 28, 2006, for
related information.
Material Incorporated by Reference
(i) You must use AEROMOT Alert Service Bulletin No. 200-71-106,
Rev. B, dated December 20, 2006; ROTAX Aircraft Engines Mandatory
Service Bulletin SB-912-043 R2/SB-914-029 R2, dated November 10,
2006; and ROTAX Aircraft Engines Service Instruction SI-912-016/SI-
914-019, dated August 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
Aeromot-Industria Mecanico Metalurgica ltda., Av. das Industrias,
1210-Bairro Anchieta, Caixa Postal 8031, 90 200-290-Porto Alegre-RS-
Brazil; telephone: +55 51 3357 8550; fax: +55 51 3371 1655;
Internet: http://www.aeromot.com.br.
(3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call (816) 329-3768.
(4) You may also review copies of the service information
incorporated by reference for this AD 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 June 4, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-13575 Filed 6-11-09; 8:45 am]
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