AD 2007-04-25

[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Rules and Regulations]
[Pages 8613-8615]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-3163]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26496 Directorate Identifier 2006-CE-81-AD; 
Amendment 39-14958; AD 2007-04-25]
RIN 2120-AA64


Airworthiness Directives; Alpha Aviation Design Limited R2160 
Airplanes

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 a 
deficiency in compliance with 14 CFR 23.967(d). There have been 
instances indicating that production aircraft may not have a metal 
barrier between the cabin and the fuel tank bay. Lack of a barrier 
could allow flammable fuel vapors to enter the cabin. We are issuing 
this AD to require actions to correct the unsafe condition on these 
products.

DATES: This AD becomes effective April 3, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 3, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management Facility, U.S. 
Department

[[Page 8614]]

of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-
401, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. The streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

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 January 5, 2007 (72 
FR 481). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states that there have been instances 
indicating that production aircraft may not have a metal barrier 
between the cabin and the fuel tank bay. Lack of a barrier could allow 
flammable fuel vapors to enter the cabin. The MCAI requires that you, 
to ensure that the aircraft is in compliance with 14 CFR 23.967(d), 
inspect the aircraft to determine if a metal barrier is installed 
behind the seats and, if not installed, to manufacture and install a 
barrier.

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 
described in a separate paragraph of the AD, and take precedence over 
the actions copied from the MCAI.

Costs of Compliance

    We estimate that this AD will affect 10 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to 
comply with this AD. The average labor rate is $80 per work-hour. 
Required parts will cost about $300 per product. Where the service 
information lists required parts costs that are covered under warranty, 
we have assumed that there will be no charge for these parts. As we do 
not control warranty coverage for affected parties, some parties may 
incur costs higher than estimated here. Based on these figures, we 
estimate the cost of this AD to the U.S. operators to be $5,400 or $540 
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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>; 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) 647-5227) 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:

2007-04-25 Alpha Aviation Design Limited: Amendment 39-14958; Docket 
No. FAA-2006-26496; Directorate Identifier 2006-CE-81-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 3, 
2007.

[[Page 8615]]

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model R2160 airplanes, serial numbers 001 
through 378, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states that there have been instances indicating that production 
aircraft may not have a metal barrier between the cabin and the fuel 
tank bay. Lack of a barrier could allow flammable fuel vapors to 
enter the cabin. The MCAI requires that, to ensure that the aircraft 
is in compliance with 14 CFR 23.967(d), inspect the aircraft to 
determine if a metal barrier is installed behind the seats and, if 
not installed, to manufacture and install a barrier.

Actions and Compliance

    (e) Unless already done, do the following actions within the 
next 100 hours time-in-service or within 6 months after April 3, 
2007 (the effective date of this AD), whichever occurs first.
    (1) Inspect the aircraft to determine if a metal barrier is 
installed behind the seats per Alpha Aviation Service Bulletin AA-
SB-28-001, dated July 10, 2006.
    (2) If a metal barrier is installed per Alpha Aviation Service 
Bulletin AA-SB-28-001, dated July 10, 2006, and (e)(1) of this AD, 
then no further action is required.
    (3) If a metal barrier is not installed, manufacture and install 
a barrier per Alpha Aviation Service Bulletin AA-SB-28-001, dated 
July 10, 2006, and Alpha Aviation Drawing No. 60-53-119 (page 3 of 3 
of the Service Bulletin).

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): 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.
    (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

    (g) Refer to MCAI Civil Aviation Authority of New Zealand AD 
DCA/R2000/38, dated June 29, 2006, for related information.

Material Incorporated by Reference

    (h) You must use Alpha Aviation Service Bulletin AA-SB-28-001, 
dated July 10, 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 Alpha 
Aviation Ltd, Ingram Road, Hamilton Airport RD 2, Hamilton 2021, New 
Zealand; telephone: 011 64 7 843 7070; fax: 011 64 7 843 8040; 
Internet: <a href="http://www.alphaaviation.co.nz">http://www.alphaaviation.co.nz</a>.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, 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/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Kansas City, Missouri, on February 15, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-3163 Filed 2-26-07; 8:45 am]
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