AD 2001-23-16

[Federal Register Volume 66, Number 227 (Monday, November 26, 2001)]
[Rules and Regulations]
[Pages 58915-58918]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 01-29221]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-40-AD; Amendment 39-12515; AD 2001-23-16]
RIN 2120-AA64


Airworthiness Directives; Aeromot-Industria Mecanico Metalurgica 
Itda. Models AMT-100 and AMT-200 Powered Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Aeromot-Industria Mecanico Metalurgica Itda. 
(Aeromot) Models AMT-100 and AMT-200 powered sailplanes. This AD 
requires

[[Page 58916]]

you to inspect (one-time) the main landing gear lever and elevator 
control rod for interference, warping, or incorrect gaps; and requires 
you to reconfigure or replace discrepant parts. This AD also requires 
you to report to the Federal Aviation Administration (FAA) any 
instances of interference, warping, or incorrect gaps. This AD is the 
result of mandatory continuing airworthiness information (MCAI) issued 
by the airworthiness authority for Brazil. The actions specified by 
this AD are intended to detect and correct bending or warping in the 
main landing gear lever before it interferes with the elevator control 
rod. Such interference could result in the elevator control becoming 
jammed with consequent loss of control of the powered sailplane.

DATES: This AD becomes effective on December 7, 2001.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulation as of 
December 7, 2001.
    The FAA must receive any comments on this rule on or before 
December 26, 2001.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2001-CE-40-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106.
    You may get the service information referenced in this AD from 
Aeromot-Industria Mecanico Metalurgica ltda., Av. Das Industrias, 1210-
Bairro Anchieta, Caixa Postal 8031, 90 200-290-Porto Alegre-RS-Brazil. 
You may view this information at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2001-CE-40-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106; or at the Office of the 
Federal Register, 800 North Capitol Street, NW, suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Brian Hancock, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4143; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

    The Departamento de Aviacao Civil (DEAC), which is the 
airworthiness authority for Brazil, recently notified FAA that an 
unsafe condition may exist on certain Aeromot Models AMT-100 and AMT-
200 powered sailplanes. The DEAC reports an instance where the elevator 
control jammed on one of the affected powered sailplanes. This occurred 
when the main landing gear lever interfered with the nut that attaches 
the rod end of the elevator control rod.

What Are the Consequences if the Condition Is Not Corrected?

    Bending or warping in the main landing gear lever, if not detected 
and corrected before it interferes with the elevator control rod, could 
result in the elevator control becoming jammed with consequent loss of 
control of the powered sailplane.

Is There Service Information That Applies to This Subject?

    Aeromot has issued Service Bulletin (S.B.) No. 200-27-078, Issue 
Date: September 18, 2001.
    The service bulletin includes procedures for inspecting the main 
landing gear lever and elevator control rod for interference, warping, 
or incorrect gaps. It also specifies reconfiguring or replacing 
discrepant parts.

What Action Did the DEAC Take?

    The DEAC classified this service bulletin as mandatory and issued 
Brazilian Emergency Airworthiness Directive (EAD) 2001-10-01, dated 
October 9, 2001, in order to ensure the continued airworthiness of 
these powered sailplanes in Brazil.

Was This in Accordance With the Bilateral Airworthiness Agreement?

    These powered sailplane models are manufactured in Brazil 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.
    Pursuant to this bilateral airworthiness agreement, the DEAC has 
kept us informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of 
This AD

What Has FAA Decided?

    The FAA has examined the findings of the DEAC; reviewed all 
available information, including the service information referenced 
above; and determined that:

--The unsafe condition referenced in this document exists or could 
develop on other Aeromot Models AMT-100 and AMT-200 powered sailplanes 
of the same type design that are registered for operation in the United 
States;
--The actions specified in the previously-referenced service 
information (as specified in this AD) should be accomplished on the 
affected powered sailplanes; and
--AD action should be taken in order to correct this unsafe condition.

What Does This AD Require?

    This AD requires you to inspect (one-time) the main landing gear 
lever and elevator control rod for interference, warping, or incorrect 
gaps; and requires you to reconfigure or replace discrepant parts. This 
AD also requires you to report to the FAA any instances of 
interference, warping, or incorrect gaps.
    We will use the information from the reports to determine whether 
additional rulemaking action is necessary (e.g., repetitive 
inspections).
    In preparation of this rule, we contacted type clubs and aircraft 
operators to obtain technical information and information on 
operational and economic impacts. We did not receive any information 
through these contacts. If received, we would have included, in the 
rulemaking docket, a discussion of any information that may have 
influenced this action.

Will I Have the Opportunity to Comment Prior to the Issuance of the 
Rule?

    Because the unsafe condition described in this document could 
result in the elevator control becoming jammed with consequent loss of 
control of the powered sailplane, we find that notice and opportunity 
for public prior comment are impracticable. Therefore, good cause 
exists for making this amendment effective in less than 30 days.

Comments Invited

How Do I Comment on This AD?

    Although this action is in the form of a final rule and was not 
preceded by notice and opportunity for public comment, FAA invites your 
comments on the rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the rule's docket number and 
submit your comments to the address specified under the caption 
ADDRESSES. We will consider all comments received on or before the 
closing date specified above. We may amend this rule in light of 
comments received. Factual information that supports your ideas and 
suggestions is extremely helpful in evaluating the effectiveness of 
this AD action and determining whether we need to take additional 
rulemaking action.

Are There Any Specific Portions of This AD I Should Pay Attention to?

    We specifically invite comments on the overall regulatory, 
economic,

[[Page 58917]]

environmental, and energy aspects of the rule that might suggest a need 
to modify the rule. You may view all comments we receive before and 
after the closing date of the rule in the Rules Docket. We will file a 
report in the Rules Docket that summarizes each FAA contact with the 
public that concerns the substantive parts of this AD.

How Can I Be Sure FAA Receives my Comment?

    If you want us to acknowledge the receipt of your comments, you 
must include a self-addressed, stamped postcard. On the postcard, write 
``Comments to Docket No. 2001-CE-40-AD.'' We will date stamp and mail 
the postcard back to you.

Regulatory Impact

Does This AD Impact Various Entities?

    These regulations 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. Therefore, FAA has determined that this 
final rule does not have federalism implications under Executive Order 
13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    We have determined that this regulation is an emergency regulation 
that must be issued immediately to correct an unsafe condition in 
aircraft, and is not a significant regulatory action under Executive 
Order 12866. It has been determined further that this action involves 
an emergency regulation under DOT Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979). If it is determined that this 
emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

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

    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]

    2. FAA amends Sec. 39.13 by adding a new airworthiness directive 
(AD) to read as follows:

2001-23-16  Aeromot-Industria Mecanico Metalurgica ITDA.: Amendment 
39-12515; Docket No. 2001-CE-40-AD

    (a) What powered sailplanes are affected by this AD? This AD 
affects the following powered sailplane models and serial numbers 
that are certificated in any category:

------------------------------------------------------------------------
                 Models                            Serial Nos.
------------------------------------------------------------------------
AMT-100................................  100.001 through 100.003,
                                          100.005 through 100.015,
                                          100.017, 100.019, 100.022
                                          through 100.039, and 100.041
                                          through 100.044.
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AMT-100(remotorized to AMT-200)
 100.004, 100.016, 100.018, 100.020,
 and 100.021.
------------------------------------------------------------------------
AMT-200................................  200.040, 200.045 through
                                          200.105, 200.108 through
                                          200.111, 200.113 through
                                          200.118, and 200.121.
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------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the above powered sailplanes must comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to detect and correct bending or warping in the 
main landing gear lever before it interferes with the elevator 
control rod. Such interference could result in the elevator control 
becoming jammed with consequent loss of control of the powered 
sailplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

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           Actions                 Compliance            Procedures
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(1) Inspect (one-time) the    Inspect within the    Inspect in
 main landing gear lever and   next 5 hours time-    accordance with the
 elevator control rod for      in-service (TIS)      procedures in
 interference, warping, or     after December 7,     Aeromot Service
 incorrect gaps.               2001 (the effective   Bulletin (S.B.) No.
                               date of this AD).     200-27-078, Issue
                                                     Date: September 18,
                                                     2001.
------------------------------------------------------------------------

[[Page 58918]]

 
(2) If any discrepancy is     Accomplish any        Accomplish any
 found during the inspection   reconfiguration or    reconfiguration or
 required by paragraph         replacement prior     replacement in
 (d)(1) of this AD,            to further flight     accordance with the
 accomplish the following:.    after the             applicable
(i) Reconfigure or replace     inspection required   maintenance manual.
 any discrepant parts, as      by paragraph (d)(1)   Submit the report
 specified in the service      of this AD. Submit    to FAA, Att: Brian
 information; and.             the report within     Hancock, Aerospace
(ii) Report these              10 days after the     Engineer, Small
 discrepancies to the FAA.     inspection or         Airplane
 Include the powered           within 10 days        Directorate, 901
 sailplane model, serial       after December 7,     Locust, Room 301,
 number, the total number of   2001 (the effective   Kansas City,
 hours TIS, and an             date of this AD),     Missouri 64106;
 explanation of the            whichever occurs      telephone: (816)
 discrepancy. The Office of    later..               329-4143;
 Management and Budget (OMB)                         facsimile: (816)
 approved the information                            329-4090.
 collection requirements
 contained in this
 regulation under the
 provisions of the Paperwork
 Reduction Act of 1980 (44
 U.S.C. 3501 et seq.) and
 assigned OMB Control Number
 2120-0056.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Small Airplane Directorate, approves your 
alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Small Airplane Directorate.

    Note 1: This AD applies to each powered sailplane identified in 
paragraph (a) of this AD, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For powered sailplanes that have been 
modified, altered, or repaired so that the performance of the 
requirements of this AD is affected, the owner/operator must request 
approval for an alternative method of compliance in accordance with 
paragraph (e) of this AD. The request should include an assessment 
of the effect of the modification, alteration, or repair on the 
unsafe condition addressed by this AD; and, if you have not 
eliminated the unsafe condition, specific actions you propose to 
address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Brian Hancock, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, 
Kansas City, Missouri 64106; telephone: (816) 329-4143; facsimile: 
(816) 329-4090.
    (g) What if I need to fly the powered sailplane to another 
location to comply with this AD? 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 powered 
sailplane to a location where you can accomplish the requirements of 
this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Aeromot Service Bulletin (S.B.) No. 200-27-078, Issue Date: 
September 18, 2001. The Director of the Federal Register approved 
this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 
51. You can get copies from Aeromot-Industria Mecanico Metalurgica 
ltda., Av. Das Industrias, 1210-Bairro Anchieta, Caixa Postal 8031, 
90 200-290-Porto Alegre-RS-Brazil. You may view this information at 
FAA, Central Region, Office of the Regional Counsel, 901 Locust, 
Room 506, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.
    (i) When does this amendment become effective? This amendment 
becomes effective on December 7, 2001.

    Note 2: The subject of this AD is addressed in Brazilian 
Emergency Airworthiness Directive (EAD) 2001-10-01, dated October 9, 
2001.


    Issued in Kansas City, Missouri, on November 14, 2001.
Michael K. Dahl,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-29221 Filed 11-23-01; 8:45 am]
BILLING CODE 4910-13-U