AD 2004-24-02

[Federal Register Volume 69, Number 227 (Friday, November 26, 2004)]
[Rules and Regulations]
[Pages 68771-68773]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 04-25789]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-67-AD; Amendment 39-13878; AD 2004-24-02]
RIN 2120-AA64


Airworthiness Directives; Ostmecklenburgische Flugzeugbau GmbH 
ModelOMF-100-160 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
Ostmecklenburgische Flugzeugbau GmbH (OMF) Model OMF-100-160 airplanes. 
This AD requires you to inspect the outside tube (cage) that supports 
the main landing gear leg for cracks, repair if cracks are found, and 
inspect the thickness of the tube if no cracks were found and reinforce 
the tube as necessary. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for Germany. We are issuing this AD to detect, correct, and prevent 
future cracks in the outside tube of the main landing gear leg, which 
could result in structural failure of the fuselage tubing assembly. 
This failure could lead to loss of control of the airplane.

DATES: This AD becomes effective on December 28, 2004.
    As of December 28, 2004, 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 Ostmecklenburgische Flugzeugbau GmbH, Flughafenstrasse, 17039 
Trollenhagen, Federal Republic of Germany; telephone: 011 49 395 42560-
0; facsimile: 011 49 395 42560-20. 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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a> 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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>. The docket number is 2003-CE-67-AD.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
ACE-112, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri, 64106; telephone: (816) 329-4146; facsimile: (816) 329-4149.

SUPPLEMENTARY INFORMATION: 

Discussion

    What events have caused this AD? The Luftfahrt-Bundesamt (LBA), 
which is the airworthiness authority for Germany, recently notified the 
FAA that an unsafe condition may exist on certain OMF Model OMF-100-160 
airplanes. The LBA reports that the manufacturer received a report of 
cracks in the outside fuselage tube that supports the main landing gear 
leg. Further investigation revealed that one manufacturer of fuselage 
tubes used out-of-design dimensions for the tube elements.
    What is the potential impact if FAA took no action? Cracks in the 
outside tube of the main landing gear leg, if not detected, corrected, 
and prevented, could result in structural failure of the fuselage 
tubing assembly. This failure 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 certain OMF Model OMF-100-160 
airplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on August 18, 2004, (69 FR 51206). 
The NPRM proposed to detect, correct, and prevent future cracks in the 
outside tube of the main landing gear leg. These cracks could result in 
structural failure of the fuselage tubing assembly and lead to loss of 
control of the airplane.

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 11 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 
inspections:

------------------------------------------------------------------------
                                             Total cost
          Labor cost            Parts cost      per       Total cost on
                                              airplane   U.S.  operators
------------------------------------------------------------------------
Inspection for cracks--2               N/A         $130  $1,430.
 workhours est. $65 per hour
 = $130.
Inspection for inadequate              N/A          130  OMF will cover
 thickness of tubing that                                 the cost for
 supports the main landing                                the special
 gear leg--2 workhours est.                               inspection.
 $65 per hour = $130.
------------------------------------------------------------------------


[[Page 68772]]

    We estimate the following costs to accomplish any necessary repairs 
that would be required based on the results of these proposed 
inspections. We have no way of determining the number of airplanes that 
may need this repair:

----------------------------------------------------------------------------------------------------------------
                                                                                                  Total cost per
                 Labor cost                                      Parts cost                          airplane
----------------------------------------------------------------------------------------------------------------
85 workhours x $65 per hour = $5,525.......  None per manufacturer.............................          $5,525
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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. 2004-CE-67-AD'' in your request.
    This rulemaking is promulgated under the authority in Subtitle VII, 
Part A, Subpart III, Section 44701, General requirements. Under that 
section, the FAA is charged with prescribing minimum standards required 
in the interest of safety for the design of aircraft. This regulation 
is within the scope of that authority since it corrects an unsafe 
condition in the design of the aircraft caused by cracks in the outside 
tube of the main landing gear leg.

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 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.


Sec.  39.13  [Amended]

0
2. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2004-24-02 Ostmecklenburgische Flugzeugbau GmbH: Amendment 39-13878; 
Docket No. 2004-CE-67-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on December 28, 2004.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects Model OMF-100-160 airplanes, serial numbers 
0006, 0007, 0012 through 0015, 0017, 0018, 0020, 0021, 0024, 0025, 
0028, and 0029; that are certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of cracks in the fuselage tubing 
assembly and inadequate thickness of tubing that supports the main 
landing gear leg. The actions specified in this AD are intended to 
detect, correct, and prevent future cracks in the tubing for the 
main landing gear leg, which could result in failure of the fuselage 
tubing assembly. This failure could lead to loss of control of the 
airplane.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the main landing  Inspect the airplane  Inspect following
 gear leg support for cracks.  within 50 hours       the procedures in
                               time-in-service       OMF Alert Service
                               (TIS) after           Bulletin No. 1107/
                               December 28, 2004     0002, dated
                               (the effective date   September 16, 2003.
                               of this AD).
(2) If cracks are found       Repair prior to       Contact an
 during any inspection         further flight        Ostmecklengurgische
 required in paragraph         after the             Flugzeugbau GmbH
 (e)(1) or (e)(3)(ii) of       inspection where      (OMF)
 this AD, obtain repair        cracks are found.     representative at 1-
 instructions from the                               819-377-1177 for
 manufacturer through the                            repair instructions
 FAA and incorporate the                             and incorporate
 repair instructions. This                           these instructions.
 repair eliminates the                               Summarize and copy
 repetitive inspection                               all correspondence
 requirement of this AD.                             and send to FAA at
                                                     the address
                                                     specified in
                                                     paragraph (f) of
                                                     this AD.
(3) If no cracks are found    Inspect for tubing    Inspect following
 during the inspection         thickness of the      procedures in OMF
 required in paragraph         airplane within 50    Alert Service
 (e)(1) of this AD, do the     hours TIS after the   Bulletin No. 1107/
 following:                    initial inspection    0002, dated
(i) inspect tubing for         required in           September 16, 2003.
 proper thickness and make     paragraph (e)(1) of   Reinforce with
 any appropriate               this AD. Reinforce    instructions from
 reinforcements                prior to further      the manufacturer.
(ii) repetitively inspect      flight after the      Contact an
 main landing gear leg         inspection required   Ostmecklengurgische
 support for cracks            in paragraph          Flugzeugbau GmbH
                               (e)(3)(i) of this     (OMF)
                               AD. Repetitively      representative at 1-
                               inspect the main      819-377-1177 for
                               landing gear leg      repair instructions
                               support within 50     and incorporate
                               hours TISafter the    these instructions.
                               initial inspection    Summarize and copy
                               required by           all correspondence
                               paragraph (e)(1) of   and send to FAA at
                               this AD and           the address
                               thereafter at         specified in
                               intervals not to      paragraph (f) of
                               exceed 50 hours TIS.  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, FAA. 
For information on any already approved alternative methods of 
compliance, contact

[[Page 68773]]

Karl Schletzbaum, Aerospace Engineer, ACE-112, Small Airplane 
Directorate, 901 Locust, Room 301, Kansas City, Missouri, 64106; 
telephone: (816) 329-4146; facsimile: (816) 329-4149.

Is There Other Information That Relates to This Subject?

    (g) LBA Airworthiness Directive No. 2003-272, dated October 7, 
2003, and OMF Alert Service Bulletin 1107/0002, dated September 16, 
2003, pertain to the subject of this AD.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in OMF Aircraft Alert Service Bulletin 1107/0002, 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 Ostmecklenburgische Flugzeugbau 
GmbH, Flughafenstrasse, 17039 Trollenhagen, Federal Republic of 
Germany; telephone: 011 49 395 42560-0; facsimile: 011 49 395 42560-
20. 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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a> 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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>. The docket number is 2003-CE-67-AD.

    Issued in Kansas City, Missouri, on November 15, 2004.
Scott L. Sedgwick,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-25789 Filed 11-24-04; 8:45 am]
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