AD 2007-08-07

[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Rules and Regulations]
[Pages 18566-18568]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-6929]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27109; Directorate Identifier 2007-CE-005-AD; 
Amendment 39-15024; AD 2007-08-07]
RIN 2120-AA64


Airworthiness Directives; LATINOAMERICANA DE AVIACI[Oacute]N 
(LAVIA) S.A. (Type Certificate Data Sheets No. 2A8 and No. 2A10 
Previously Held by The New Piper Aircraft, Inc.) Models PA-25, PA-25-
235, and PA-25-260 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)

[[Page 18567]]

issued by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI references 
Latinoamericana de Aviaci[oacute]n S.A. Service Bulletin No. 25/53/03, 
dated May 10, 2006, which describes the unsafe condition as:

    REAR AND FORWARD SUPPORTS OF BOTH HORIZONTAL STABILIZER 
MODIFICATION. It have been found on several of the affected 
airplanes some severe corrosion and cracks in both supports. The 
probable cause for those failures is the accumulation of steam or 
application products vapors.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective May 18, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 18, 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 of Transportation, 400 Seventh Street SW., Nassif Building, 
Room PL-401, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Sarjapur Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4145; 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 February 14, 2007 
(72 FR 6982). That NPRM proposed to require compliance with Service 
Bulletin No. 25/53/03 issued by Latinoamericana de Aviaci[oacute]n S.A. 
in order to detect cracks, evidence of corrosion or any other anomalies 
on support tubes of the horizontal stabilizer.

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 a U.S. court of 
law. 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. These requirements, if 
any, take precedence over the actions copied from the MCAI.

Costs of Compliance

    We estimate that this AD will affect 1,144 products of U.S. 
registry. We also estimate that it will take about 10 work-hours per 
product to comply with this AD. The average labor rate is $80 per work-
hour. Required parts will cost about $845 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 
$1,881,880, or $1,645 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,

[[Page 18568]]

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:

2007-08-07 LATINOAMERICANA DE AVIACI[Oacute]N (LAVIA) S.A. (Type 
Certificate Data Sheets No. 2A8 and No. 2A10 previously held by The 
New Piper Aircraft, Inc.): Amendment 39-15024; Docket No. FAA-2007-
27109; Directorate Identifier 2007-CE-005-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 18, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models PA-25, PA-25-235, and PA-25-260, 
all serial numbers up to LA-260-06008, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 55: 
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
references Latinoamericana de Aviaci[oacute]n S.A. Service Bulletin 
No. 25/53/03, dated May 10, 2006, which states:

    REAR AND FORWARD SUPPORTS OF BOTH HORIZONTAL STABILIZER 
MODIFICATION. It has been found on several of the affected airplanes 
some severe corrosion and cracks in both supports. The probable 
cause for those failures is the accumulation of steam or application 
products vapors.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Upon accumulating 1,500 hours time-in-service (TIS) or 
within the next 50 hours TIS after May 18, 2007 (the effective date 
of this AD), whichever occurs later, do the operations as specified 
in the paragraph ``ACTIONS,'' subparagraph ``INITIAL'' of 
Latinoamericana de Aviaci[oacute]n S.A. Service Bulletin No. 25/53/
03, dated May 10, 2006. Repetitively inspect thereafter every 100 
hours TIS or 12 months, whichever occurs first, until the 
modification specified in paragraph ``ACTIONS,'' subparagraph 
``DEFINITIVE'' of Latinoamericana de Aviaci[oacute]n S.A. Service 
Bulletin No. 25/53/03, dated May 10, 2006, is done.
    (2) If any evidence of cracks, signs of corrosion, or any other 
discrepancy is detected during any inspection required in paragraph 
(f)(1) of this AD, before further flight, disassemble both 
horizontal stabilizers and conduct a detailed inspection on the 
surface of both supports and take corrective action. Use paragraph 
``ACTIONS,'' subparagraph ``DEFINITIVE'' of Latinoamericana de 
Aviaci[oacute]n S.A. Service Bulletin No. 25/53/03, dated May 10, 
2006.
    (3) After incorporating the modification specified in paragraph 
``ACTIONS,'' subparagraph ``DEFINITIVE'' of Latinoamericana de 
Aviaci[oacute]n S.A. Service Bulletin No. 25/53/03, dated May 10, 
2006, no further action is required.
    (4) Upon accumulating 1,000 hours TIS after May 18, 2007 (the 
effective date of this AD), modify both horizontal stabilizers as 
specified in paragraph ``ACTIONS,'' subparagraph ``DEFINITIVE'' of 
Latinoamericana de Aviaci[oacute]n S.A. Service Bulletin No. 25/53/
03, dated May 10, 2006, unless already done. Incorporating this 
modification terminates the repetitive inspection requirement in 
paragraph (f)(1) of this AD.
    (5) As a terminating action to the inspection requirements of 
this AD, the modification to both horizontal stabilizers specified 
in paragraph ``ACTIONS,'' subparagraph ``DEFINITIVE'' of 
Latinoamericana de Aviaci[oacute]n S.A. Service Bulletin No. 25/53/
03, dated May 10, 2006, may be incorporated at any time after the 
effective date of this AD and before the time required in paragraph 
(f)(4) of this AD.

FAA AD Differences

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

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, Small Airplane Directorate, ATTN: Sarjapur 
Nagarajan, Aerospace Engineer, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; 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

    (h) Refer to MCAI Direcci[oacute]n Nacional de Aeronavegabilidad 
AD No. RA 2006-06-01, Rev. 1 LAVIA S.A., Amendment No. 39/03-041, 
dated November 17, 2006; and Latinoamericana de Aviaci[oacute]n S.A. 
Service Bulletin No. 25/53/03, dated May 10, 2006, for related 
information.

Material Incorporated by Reference

    (i) You must use Latinoamericana de Aviaci[oacute]n S.A. Service 
Bulletin No. 25/53/03, dated May 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 
Latinoamericana de Aviaci[oacute]n S.A., Hangar No. 1 Aeropuerto 
``El Plumerillo'' sur, Las Heras-Mendoza-Argentina--CP 5541; 
telephone: 0054-261-4489198; e-mail: <a href="/cdn-cgi/l/email-protection#0a666b7c636b796b4a62657e676b636624696567"><span class="__cf_email__" data-cfemail="91fdf0e7f8f0e2f0d1f9fee5fcf0f8fdbff2fefc">[email&#160;protected]</span></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 April 6, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-6929 Filed 4-12-07; 8:45 am]
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