AD 2003-05-06

[Federal Register Volume 68, Number 52 (Tuesday, March 18, 2003)]
[Rules and Regulations]
[Pages 12797-12799]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 03-6040]



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Federal Register / Vol. 68, No. 52 / Tuesday, March 18, 2003 / Rules 
and Regulations

[[Page 12797]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-66-AD; Amendment 39-13082; AD 2003-05-06]
RIN 2120-AA64


Airworthiness Directives; Robert E. Rust Models DeHavilland DH.C1 
Chipmunk 21, 22, and 22A Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to certain Robert E. Rust (R.E. Rust) Models DeHavilland DH.C1 
Chipmunk 21, 22, and 22A airplanes. This AD requires you to check the 
airplane logbook to determine whether certain modifications have been 
incorporated on the airplane and incorporate the modifications that 
have not already been accomplished. This AD is the result of the 
manufacturer performing a design study on the structural integrity of 
certain parts and reports of service failure of other parts installed 
on the affected airplanes. The actions specified by this AD are 
intended to prevent reduced structural integrity in the primary 
structure of the airplane, which could result in failure of the rudder 
torque tube, elevator fasteners, and the vertical fin rear spar, or 
jamming or damage to the elevator. Such failures could lead to loss of 
control of the airplane.

DATES: This AD becomes effective on April 25, 2003.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of April 
25, 2003.

ADDRESSES: You may get the service information referenced in this AD 
from DeHavilland Support Limited, Duxford Airfield, Bldg. 213, 
Cambridgeshire, CB2 4QR, United Kingdom, telephone: +44 1223 830090, 
facsimile: +44 1223 830085, e-mail: <a href="/cdn-cgi/l/email-protection#1d74737b725d79756e686d6d726f69337e7270"><span class="__cf_email__" data-cfemail="264f48404966424e555356564954520845494b">[email&#160;protected]</span></a>. You may view 
this information at the Federal Aviation Administration (FAA), Central 
Region, Office of the Regional Counsel, Attention: Rules Docket No. 
2000-CE-66-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: Cindy Lorenzen, Aerospace Engineer, 
FAA, Atlanta Aircraft Certification Office, 1895 Phoenix Boulevard, 
Suite 450, Atlanta, Georgia; telephone: (770) 703-6078; facsimile: 
(770) 703-6097.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

    The FAA has received reports that an unsafe condition may exist on 
certain R.E. Rust Models DeHavilland DH.C1 Chipmunk 21, 22, and 22A 
airplanes. Failure reports of the rudder torque tube and elevator 
control fasteners on in-service airplanes and design studies by the 
manufacturer on the structural integrity of the glider towing 
attachment bolt and the vertical fin rear spar prompted us to issue 
this AD.
    We have determined that failure of the rudder torque tube, the 
elevator control fasteners, the vertical fin rear spar, and the glider 
towing attachment bolt is caused by fatigue cracking and overload. As a 
result of the design studies, the manufacturer developed specific 
modifications to strengthen the affected areas of the airplane.

What Is the Potential Impact if FAA Took No Action?

    These conditions, if not corrected, could result in failure of the 
rudder torque tube, elevator fasteners, and the vertical fin rear spar, 
or jamming or damage to the elevator. Such failures 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 R.E. 
Rust Models DeHavilland DH.C1 Chipmunk 21, 22, and 22A airplanes. This 
proposal was published in the Federal Register as a notice of proposed 
rulemaking (NPRM) on November 8, 2002 (67 FR 68052). The NPRM proposed 
to require you to check the airplane logbook to determine whether 
certain modifications have been incorporated on the airplane and 
incorporate the modifications that have not already been accomplished.

Was the Public Invited to Comment?

    The FAA encouraged interested persons to participate in the making 
of this amendment. The following presents the comments received on the 
proposal and FAA's response to each comment:

Comment Issue No. 1: Change the Compliance Time for Incorporating 
Missing Modifications

What Is the Commenter's Concern?

    The commenter states that parts required for each modification may 
not be available from the manufacturer within 90 days after the 
effective date of this AD. Therefore, the commenter suggests allowing 
more time to acquire parts by changing the compliance time from 90 days 
to 12 months after the effective date of this AD.

What Is FAA's Response to the Concern?

    We do not concur. The commenter does not offer any solution to 
ensure the airworthiness of the airplanes until the parts become 
available. We cannot increase the compliance time unless other means to 
ensure the continued airworthiness of these airplanes are 
substantiated.
    We will consider an alternative method of compliance if the 
alternative provides an equivalent level of safety as outlined in 
paragraph (e) of this AD.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 2: Change the Estimated Number of Workhours Necessary 
to Incorporate Missing Modifications

What Is the Commenter's Concern?

    The commenter states that the number of workhours necessary to 
incorporate certain modifications is incorrect. The commenter states 
that Modification H 225 will take 20 workhours instead of 40 workhours; 
Modification H 269 will take 12 workhours instead of 4 workhours; and 
Modification H 275 contains a typographical error in the

[[Page 12798]]

workhours, it should be 3 workhours instead of 43 workhours, the cost 
was calculated correctly using 3 workhours. The commenter suggests that 
we change the cost impact section to more accurately reflect the 
workhours necessary to incorporate the modification.

What Is FAA's Response to the Concern?

    We concur with the commenter. The estimates given by the commenter 
are more accurate than the information we used.
    We will change the final rule AD action to incorporate these 
changes.

FAA's Determination

What Is FAA's Final Determination on This Issue?

    After careful review of all available information related to the 
subject presented above, we have determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. We have determined that these minor 
corrections:

--Provide 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.

Cost Impact

How Many Airplanes Does This AD Impact?

    We estimate that this AD affects 54 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 any necessary 
modifications that will be required based on the results of the logbook 
check. We have no way of determining the number of airplanes that may 
need such modification.

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        Modification                    Labor cost                        Parts cost                             Total cost per airplane
--------------------------------------------------------------------------------------------------------------------------------------------------------
H225.......................  20 workhours x $60=$1,200.......  $1,470.........................  $1,200 + $1,470=$2,670.
H 269......................  12 workhours x $60=$720.........  $203 each (2 per airplane).....  $720 + $406 ($203 x 2)= $1,126.
H 275......................  3 workhours x $60=$180..........  $203 each (2 per airplane).....  $180 + $406 ($203 x 2)=$586.
H 360......................  20 workhours x $60=$1,200.......  $1,150.........................  $1,200 + $1,150=$2,350.
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Compliance Time of This AD

What Is the Compliance Time of This AD?

    The compliance time of this AD is ``within the next 90 days after 
the effective date of this AD.''

Why Is the Compliance Time Presented in Calendar Time Instead of Hours 
Time-in-Service (TIS)?

    Failure of the rudder torque tube, the elevator control fasteners, 
the vertical fin rear spar, and the glider towing attachment bolt is 
only unsafe during airplane operation. However, this unsafe condition 
is not a result of the number of times the airplane is operated. The 
chance of this situation occurring is the same for an airplane with 50 
hours time-in-service (TIS) as it would be for an airplane with 1,000 
hours TIS.
    For this reason, the FAA has determined that a compliance based on 
calendar time will be utilized in this AD in order to assure that the 
unsafe condition is addressed on all airplanes in a reasonable time 
period.

Regulatory Impact

Does This AD Impact Various Entities?

    The regulations adopted herein 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.

Does This AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this action (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. A copy of the final evaluation prepared for this 
action is contained in the Rules Docket. A copy of it may be obtained 
by contacting the Rules Docket at the location provided under the 
caption ADDRESSES.

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 AD to read as follows:

2003-05-06 Robert E. Rust: Amendment 39-13082; Docket No. 2000-CE-
66-AD.

    (a) What airplanes are affected by this AD? This AD affects R.E. 
Rust Models DeHavilland DH.C1 Chipmunk 21, 22, and 22A airplanes, 
serial numbers C1-001 through C1-1014, that are type certificated in 
any category.

    Note 1: We recommend all owners/operators of DeHavilland DH.C1 
Chipmunk 21, 22, and 22A airplanes, serial numbers C1-001 through 
C1-1014, with experimental airworthiness certificates comply with 
the actions required in this AD.

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to prevent reduced structural integrity in the 
primary structure of the airplane, which could result in failure of 
the rudder torque tube, elevator fasteners, and the vertical fin 
rear spar, or jamming or damage to the elevator. Such failures could 
lead to loss of control of the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

[[Page 12799]]



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                             Actions                                               Compliance                                  Procedures
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(1) Check the airplane logbook:                                    Within the next 90 days after April 25,     The owner/operator holding at least a
(i) For all affected airplanes: to determine if Modifications H     2003 (the effective date of this AD).       private pilot certificate as authorized
 225, H 269, and H 360 are incorporated; and                                                                    by section 43.7 of the Federal Aviation
(ii) For only these airplanes that incorporate Modification H 197                                               Regulations (14 CFR 43.7) may check the
 (glider towing capabilities): to determine if Modification H 275                                               airplane logbook.
 is incorporated.
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(2) If, by checking the airplane logbook, you can positively       Not applicable.                             the owner/operator holding at least a
 determine that all the applicable modifications in paragraphs                                                  private pilot certicate is authorized by
 (d)(1)(i) and (d)(1)(ii) are incorporated, you must make an                                                    section 43.7 of the Federal Aviation
 entry into the aircraft records that shows compliance with                                                     Regulations (14 CFR 43.7) may check the
 paragraphs (d)(1) and (d)(2) of this AD in accordance with                                                     airplane logbook.
 section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
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(3) If, by checking the airplane logbook, you determine that all   Within the next 90 days after April 25,     British Aerospace Aerostructures Limited
 the applicable modifications in paragraphs (d)(1)(i) and           2003 (the effective date of this AD),       has issued BAe Aircraft Technical News
 (d)(1)(ii) are not incorporated, or you cannot positively show     unless already accomplished.                Sheet CT (C1) No. 200, Issue 1, dated
 that they are incorporated:                                                                                    March 1, 1997.
(i) Incorporate each missing modification; and
(ii) you must make an entry into the aircraft records that shows
 compliance with this portion of the AD in accordance with
 seciton 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
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(4) Do not incorporate Modification H 197 unless Modification H    As of April 25, 2003 the (effective date    British Aerospace Aerostructures Limited
 275 has also been incorporated.                                    of this AD).                                has issued BAe Aircraft Technical News
                                                                                                                Sheet CT (C1) No. 200, Issue 1, dated
                                                                                                                March 1, 1997.
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    Note 2: Although not required by this AD, FAA highly recommends 
you incorporate Modification H 282.

    (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, Atlanta Aircraft Certification Office (ACO), 
approves your alternative. Submit your request through an FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Atlanta ACO.

    Note 3: This AD applies to each airplane 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 
airplanes 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 Cindy Lorenzen, Aerospace 
Engineer, FAA, Atlanta Aircraft Certification Office, 1895 Phoenix 
Boulevard, Suite 450, Atlanta, Georgia; telephone: (770) 703-6078; 
facsimile: (770) 703-6097.
    (g) What if I need to fly the airplane 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 airplane 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 
BAe Aircraft Technical News Sheet CT (C1) No 200, Issue 1, dated March 
1, 1997. The Director of the Federal Register approved this 
incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. You 
may get copies from DeHavilland Support Limited, Duxford Airfield, 
Bldg. 213, Cambridgeshire, CB2 4QR, United Kingdom, telephone: +44 1223 
830090, facsimile: +44 1223 830085, e-mail: <a href="/cdn-cgi/l/email-protection#472e29212807232f343237372835336924282a"><span class="__cf_email__" data-cfemail="0861666e67486c607b7d7878677a7c266b6765">[email&#160;protected]</span></a>. You may 
view copies at the 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 April 25, 2003.

    Issued in Kansas City, Missouri, on March 4, 2003.
Dorenda D. Baker,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-6040 Filed 3-17-03; 8:45 am]
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