AD 2007-04-02

[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Rules and Regulations]
[Pages 6928-6931]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-2319]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23786; Directorate Identifier 2006-CE-11-AD; 
Amendment 39-14933; AD 2007-04-02]
RIN 2120-AA64


Airworthiness Directives; CTRM Aviation Sdn. Bhd. (Formerly Eagle 
Aircraft (Malaysia) Sdn. Bhd.) Model Eagle 150B Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) to 
supersede AD 2004-11-04, which applies to all CTRM Aviation Sdn. Bhd. 
(Formerly Eagle Aircraft (Malaysia) Sdn. Bhd.) Model Eagle 150B 
airplanes. AD 2004-11-04 currently requires you to inspect certain 
canard inboard flap hinge support brackets (initially before further 
flight and repetitively before the first flight of each day) and 
perform any necessary follow-up action. This AD results from mandatory 
continuing

[[Page 6929]]

airworthiness information (MCAI) issued by the airworthiness authority 
for Malaysia to require the installation of improved design inboard 
flap hinge brackets as terminating action for the repetitive 
inspections. Consequently, this AD retains the requirement that you 
inspect certain canard inboard flap hinge support brackets (initially 
before further flight and repetitively before the first flight of each 
day) and then requires that you replace the parts with new design 
inboard flap hinge brackets as terminating action for the repetitive 
inspections or if cracks are found. We are issuing this AD to detect 
and correct cracks in the canard inboard flap hinge support brackets, 
which could result in loss of retention of controls and consequently, 
loss of airplane control.

DATES: This AD becomes effective on March 21, 2007.
    As of March 21, 2007, the Director of the Federal Register approved 
the incorporation by reference of Eagle Aircraft Mandatory Service 
Bulletin SB 1120, Original, Effective Date June 3, 2005.
    On June 4, 2004 (69 FR 30189, May 27, 2004), the Director of the 
Federal Register previously approved the incorporation by reference of 
Eagle Aircraft Mandatory Service Bulletin SB 1109, Revision Original, 
Effective Date August 29, 2003.

ADDRESSES: To get the service information identified in this AD, 
contact CTRM Aviation Sdn. Bhd. (formerly known as Eagle Aircraft 
(Malaysia) Sdn. Bhd.), Locked Bag 1028, Pejabat Pos Besar Melaka, 75150 
Melaka, Malaysia; telephone: 06 317 1007; fax: 06 317 7023.
    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 20590-0001 or on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a>. The docket number is FAA-2006-23786; Directorate 
Identifier 2006-CE-11-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; fax: 816-329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    On July 3, 2006, 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 all CTRM Aviation Sdn. Bhd. (Formerly Eagle Aircraft 
(Malaysia) Sdn. Bhd.) Model Eagle 150B airplanes. This proposal was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on July 11, 2006 (71 FR 39020). The NPRM proposed to retain the 
requirement of AD 2004-11-04 that you inspect certain canard inboard 
flap hinge support brackets (initially before further flight and 
repetitively before the first flight of each day) and then replace the 
parts with new design inboard flap hinge brackets as terminating action 
for the repetitive inspections or if cracks are found.

Comments

    We provided the public the opportunity to participate in developing 
this AD. The following presents the comment received on the proposal 
and FAA's response to the comment:

Comment Issue: Service Documents and Parts Manufacturer Approval

    Jack Buster of the Modification and Replacement Parts Association 
(MARPA) requests the following be incorporated into the regulatory 
action:

    1. Service documents deemed essential to the accomplishment of 
this proposed action be incorporated by reference and published in 
the Docket Management System (DMS); and
    2. The issue of parts manufacturer approval (PMA) be addressed 
in the proposed action and that all Directorates within the FAA 
treat the issue the same per Section 1, paragraph (b)(10) of 
Executive Order 12866.

    We agree that the service documents are essential and should be 
incorporated by reference. However, we do not incorporate by reference 
any document in a proposed AD action; instead we incorporate by 
reference the document in the final rule. Since we are issuing the 
proposal as a final rule AD action, the service information referenced 
in this action will be incorporated by reference.
    We are currently reviewing issues surrounding the posting of 
service bulletins in the Department of Transportation's DMS as part of 
the AD docket. Once we have thoroughly examined all aspects of this 
issue and have made a final determination, we will consider whether our 
current practice needs to be revised.
    On the PMA issue, Mr. Buster's comments are timely in that the FAA 
is currently reviewing this issue as it applies to all products: 
Transport airplanes, commuter airplanes, general aviation airplanes, 
engines and propellers, rotorcraft, and appliances. The FAA 
acknowledges that there are different ways of addressing this issue to 
ensure that unsafe PMA parts are identified and addressed. Once we have 
thoroughly examined all aspects of this issue including input from 
industry and have made a final determination, we will consider 
developing a standardized approach and standardized language on how to 
address PMA parts in airworthiness directives.
    We have determined that to delay this AD action would be 
inappropriate since an unsafe condition exists and that replacement of 
certain parts must be done to ensure continued safety. Therefore, we 
have made no change to the AD in this regard.

Conclusion

    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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 13 airplanes in the U.S. registry.
    We estimate the following costs to do each inspection:

----------------------------------------------------------------------------------------------------------------
                                                                              Total cost per     Total cost on
                 Labor cost                            Parts cost                airplane        U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 = $80....................  Not Applicable...............                $80             $1,040
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do the replacements that would 
be required as a result of the inspection or the mandatory replacement:

[[Page 6930]]



----------------------------------------------------------------------------------------------------------------
                                                                              Total cost per     Total cost on
                 Labor cost                            Parts cost                airplane        U.S. operators
----------------------------------------------------------------------------------------------------------------
10 work-hours x $80 = $800.................  $1,700.......................             $2,500            $32,500
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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 AD.

Regulatory Findings

    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.
    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 
other information as included in the Regulatory Evaluation) 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. FAA-2006-23786; Directorate Identifier 2006-CE-11-AD'' in your 
request.

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. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
AD 2004-11-04; Amendment 39-13649 (69 FR 30189, May 27, 2004), and 
adding the following new AD:
2007-04-02 CTRM Aviation Sdn. Bhd. (Formerly Eagle Aircraft 
(Malaysia) Sdn. Bhd.): Amendment 39-14933; Docket No. FAA-2006-
23786; Directorate Identifier 2006-CE-11-AD.

Effective Date

    (a) This AD becomes effective on March 21, 2007.

Affected ADs

    (b) This AD supersedes AD 2004-11-04; Amendment 39-13649.

Applicability

    (c) This AD affects Model Eagle 150B airplanes, all serial 
numbers, that are certificated in any category.

Unsafe Condition

    (d) This AD results from mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for 
Malaysia. The actions specified in this AD are intended to detect 
and correct cracks in the canard inboard flap hinge support 
brackets, which could result in loss of retention of controls and 
consequently, loss of airplane control.

Compliance

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

 
------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the gusset weld   Initially inspect     Follow Eagle
 area of the canard inboard    before the next       Aircraft Mandatory
 flap hinge support            flight after June     Service Bulletin SB
 brackets, part number (P/N)   4, 2004 (the          1109, Revision
 5731D01-05 and P/N 5731D01-   effective date of     Original, Effective
 02, for cracked, lifted, or   AD 2004-11-04).       Date August 29,
 missing paint in the area     Repetitively          2003.
 of the weld or suspected      inspect thereafter
 cracks.                       before the first
                               flight of each day.
(2) If cracked, lifted, or    Before further        Follow Eagle
 missing paint in the area     flight after any      Aircraft Mandatory
 of the weld or suspected      inspection required   Service Bulletin SB
 cracks are found during any   by paragraph (e)(1)   1109, Revision
 inspection required in        of this AD, where     Original, Effective
 paragraph (e)(1) of this      cracked, lifted, or   Date August 29,
 AD, inspect the affected      missing paint in      2003.
 bracket more fully as         the area of the
 specified in the service      weld or suspected
 bulletin.                     cracks are found.
(3) Replace any canard        Before further        Follow Eagle
 inboard flap hinge support    flight after any      Aircraft Mandatory
 brackets, P/N 5731D01-05      inspection where      Service Bulletin SB
 and P/N 5731D01-02, with      cracks are found or   1120, Original,
 new design inboard flap       within 6 months       Effective Date June
 hinge brackets, P/N 5731D05-  after March 21,       3, 2005.
 01 and P/N 5731D06-01.        2007 (the effective
                               date of this AD),
                               whichever occurs
                               first. This action
                               terminates the
                               repetitive
                               inspections
                               required in
                               paragraph (e)(1) of
                               this AD.
(4) Do not install any        As of March 21, 2007  Not Applicable.
 canard inboard flap hinge     (the effective date
 support brackets, P/N         of this AD).
 5731D01-05 and P/N 5731D01-
 02
------------------------------------------------------------------------


[[Page 6931]]

    (f) The Australian AD allows an appropriately trained pilot to 
perform the visual inspections of the canard inboard flap hinge 
support brackets. Although the Malaysian AD does not specifically 
state this, it does refer to the Australian AD. Regardless, the 
Federal Aviation Regulations (14 CFR 43.3) only allow the pilot to 
perform preventive maintenance as described in 14 CFR part 43, App. 
A, paragraph (c). These visual inspections are not considered 
preventive maintenance under 14 CFR part 43, App. A, paragraph (c). 
Therefore, an appropriately-rated mechanic must perform all actions 
of this AD.

Special Flight Permit

    (g) Special flight permits are not allowed for this AD. Part 39 
of the Federal Aviation Regulations (14 CFR part 39) provides that 
FAA may issue special flight permits for ADs, unless otherwise 
specified in the individual AD. The FAA has determined that the 
safety issue is severe enough that failure of the canard inboard 
flap hinge support brackets must be prevented and cracks in this 
area must be detected before further operation.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Standards Staff, FAA, ATTN: Karl Schletzbaum, 
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4146; 
fax: (816) 329-4090, has the authority to approve AMOCs for this AD, 
if requested using the procedures found in 14 CFR 39.19.
    (i) AMOCs approved for AD 2004-11-04 are approved for this AD.

Related Information

    (j) Malaysian AD No. CAM AD 001-01-2004 R1, dated December 23, 
2005; and Australian AD No. CASA AD/X-TS/5, dated August 21, 2003, 
revised April 2, 2004, also address the subject of this AD.

Material Incorporated by Reference

    (k) You must use Eagle Aircraft Mandatory Service Bulletin SB 
1120, Original, Effective Date June 3, 2005; and Eagle Aircraft 
Mandatory Service Bulletin SB 1109, Revision Original, Effective 
Date August 29, 2003 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 Eagle Aircraft Mandatory Service 
Bulletin SB 1120, Original, Effective Date June 3, 2005, under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) On June 4, 2004 (69 FR 30189, May 27, 2004), the Director of 
the Federal Register previously approved the incorporation by 
reference of Eagle Aircraft Mandatory Service Bulletin SB 1109, 
Revision Original, Effective Date August 29, 2003.
    (3) For service information identified in this AD, contact CTRM 
Aviation Sdn. Bhd. (formerly known as Eagle Aircraft Sdn. Bhd.), 
Locked Bag 1028, Pejabat Pos Besar Melaka, 75150 Melaka, Malaysia; 
telephone: 06 317 1007; fax: 06 317 7023.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, 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: <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>.

    Issued in Kansas City, Missouri, on February 5, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-2319 Filed 2-13-07; 8:45 am]
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