AD 2008-09-19

[Federal Register Volume 73, Number 86 (Friday, May 2, 2008)]
[Rules and Regulations]
[Pages 24141-24143]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-9588]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0248 Directorate Identifier 2007-CE-084-AD; 
Amendment 39-15500; AD 2008-09-19]
RIN 2120-AA64


Airworthiness Directives; De Havilland Support Limited Model 
Beagle B.121 Series 1, 2, and 3 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:

    The Type Certificate Holder (TCH) has received several reports 
of failed Rudder torque tube assemblies. The torque tube assemblies 
are subject to repetitive inspection in accordance with 
Airworthiness Directive 2060 PRE 80. The recent failures occurred in 
service after the inspections required by AD 2060 PRE 80 had been 
performed. In the event of such failures, loss of directional 
control through both the Rudder and Nosewheel Steering may occur. 
The TCH has also received reports of loose rivets attaching the 
inboard Anchor Assembly to the Starboard Torque Tube.

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

DATES: This AD becomes effective June 6, 2008.
    On June 6, 2008, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4138; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

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 November 27, 2007 
(72 FR 66087). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    The Type Certificate Holder (TCH) has received several reports 
of failed Rudder torque tube assemblies. The torque tube assemblies 
are subject to repetitive inspection in accordance with 
Airworthiness Directive 2060 PRE 80. The recent failures occurred in 
service after the inspections required by AD 2060 PRE 80 had been 
performed. In the event of such failures, loss of directional 
control through both the Rudder and Nosewheel Steering may occur. 
The TCH has also received reports of loose rivets attaching the 
inboard Anchor Assembly to the Starboard Torque Tube.

The MCAI requires the inspection of the rudder torque tube assemblies 
and hubs for cracking and loose rivets with conditional correction or 
replacement following De Havilland Support Limited Service Bulletin 
B121/65, Issue 2, dated August 10, 2005.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Comment Issue: Reference the Correct TC Holder in the AD

    Trevor A. Wood requests that the FAA reference De Havilland Support 
Ltd. (DHSL) in the proposed AD instead of British Aerospace Aircraft 
Group, Scottish Division. The commenter points out that DHSL is the 
organization that has published the service information, and he 
believes that the current type certificate data sheet for the Beagle 
B.121 series 1, 2, and 3 airplanes incorrectly references the type 
certificate holder. The commenter points out that the British Aerospace 
Aircraft Group, Scottish Division, relinquished responsibility for 
these airplanes in November 2002 when the type certificate was 
transferred to DHSL.
    The FAA does not agree that the NPRM incorrectly referenced British 
Aerospace Aircraft Group, Scottish Division, as the type certificate 
holder. We cannot change the type certificate data sheet without 
approval and request from the State of Design, in this case the United 
Kingdom Civil Aviation Authority (CAA) and the European Aviation Safety 
Agency (EASA). However, since issuance of the NPRM, the FAA has 
received such approval and request. We have revised the type 
certificate data sheet (A22EU, Revision 4, dated March 20, 2008) to 
reference the type certificate holder of the Beagle B.121 series 1, 2, 
and 3 airplanes as De Havilland Support Limited. We have made the 
appropriate changes in the final rule AD action to reflect this.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

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 
highlighted in a NOTE within the AD.

[[Page 24142]]

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect 1 product of U.S. registry. We also estimate that it will take 
about 1 work-hour per product to comply with basic requirements of this 
AD. The average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $80, or $80 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 12 work-hours and require parts costing $10,000 for a cost 
of $10,960 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://www.regulations.gov">http://www.regulations.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) 647-5527) 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:

2008-09-19 De Havilland Support Limited: Amendment 39-15500; Docket 
No. FAA-2007-0248; Directorate Identifier 2007-CE-084-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 6, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Beagle B.121 series 1, 2, and 3 
airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    The Type Certificate Holder (TCH) has received several reports 
of failed Rudder torque tube assemblies. The torque tube assemblies 
are subject to repetitive inspection in accordance with 
Airworthiness Directive 2060 PRE 80. The recent failures occurred in 
service after the inspections required by AD 2060 PRE 80 had been 
performed. In the event of such failures, loss of directional 
control through both the Rudder and Nosewheel Steering may occur. 
The TCH has also received reports of loose rivets attaching the 
inboard Anchor Assembly to the Starboard Torque Tube.
The MCAI requires the inspection of the rudder torque tube 
assemblies and hubs for cracking and loose rivets with conditional 
correction or replacement in accordance with De Havilland Support 
Limited Service Bulletin B121/65, Issue 2, dated August 10, 2005.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 100 hours time-in-service (TIS) after June 6, 2008 
(the effective date of this AD) and thereafter at intervals not to 
exceed 100 hours TIS, inspect the rudder torque tube assemblies 
following De Havilland Support Limited Service Bulletin B121/65, 
Issue 2, dated August 10, 2005.
    (2) Before further flight, replace any cracked rudder torque 
tube assemblies and correct any loose rivets in the rudder torque 
tube assemblies that are found in the inspections required in 
paragraph (f)(1) of this AD, following De Havilland Support Limited 
Service Bulletin B121/65, Issue 2, dated August 10, 2005.
    (3) After June 6, 2008 (the effective date of this AD), used 
rudder torque assemblies held as spares for De Havilland Support 
Limited Model Beagle B.121 series 1, 2, and 3 airplanes must be 
inspected following De Havilland Support Limited Service Bulletin 
B121/65, Issue 2, dated August 10, 2005, and found free of cracks 
prior to installation.

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 Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4138; fax: (816) 329-4090. Before using 
any approved AMOC on any airplane to which the AMOC applies, notify 
your appropriate principal inspector (PI) in the FAA Flight 
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (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

[[Page 24143]]

requirements and has assigned OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI United Kingdom Civil Aviation Authority AD No: 
G-2005-0030, dated October 12, 2005; and De Havilland Support 
Limited Service Bulletin B121/65, Issue 2, dated August 10, 2005, 
for related information.

Material Incorporated by Reference

    (i) You must use De Havilland Support Limited Service Bulletin 
B121/65, Issue 2, dated August 10, 2005, 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 De 
Havilland Support Limited, Building 123, Duxford Airfield, 
Cambridgeshire, CB2 4QR, England, telephone: +44 0 1223 830090; fax: 
+44 0 1223 830085; e-mail: <a href="/cdn-cgi/l/email-protection#8ae3e4ece5caeee2f9fffafae5f8fea4e9e5e7"><span class="__cf_email__" data-cfemail="234a4d454c63474b505653534c51570d404c4e">[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 24, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-9588 Filed 5-1-08; 8:45 am]
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