Airworthiness directives: Avions Pierre Robin,

[Federal Register: January 19, 1999 (Volume 64, Number 11)]

[Proposed Rules]

[Page 2863-2864]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr19ja99-28]

Proposed Rules Federal Register

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-CE-82-AD]

RIN 2120-AA64

Airworthiness Directives; Avions Pierre Robin Model R2160 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

SUMMARY: This document proposes to adopt a new airworthiness directive (AD) that would apply to all Avions Pierre Robin Model R2160 airplanes. The proposed AD would require repetitively inspecting the vertical stabilizer spar in the area of the lower fitting of the rudder for cracks, loose rivets, or spar web distortion; and modifying the vertical stabilizer spar either immediately or at a certain time period depending on whether discrepancies are found during the inspections. The proposed AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for France. The actions specified by the proposed AD are intended to detect defects (cracks, loose rivets, or spar web distortion) in the vertical stabilizer spar, which could result in structural failure of the vertical stabilizer with possible reduced or loss of control of the airplane.

DATES: Comments must be received on or before February 22, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 98-CE-82-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Comments may be inspected at this location between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted.

Service information that applies to the proposed AD may be obtained from Avions Pierre Robin, 1, route de Troyes, 21121 Darois-France; telephone: 80 44 20 50; facsimile: 80 35 60 80. This information also may be examined at the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Karl M. Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 1201 Walnut, suite 900, Kansas City, Missouri 64106; telephone: (816) 426-6932; facsimile: (816) 426-2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this notice may be changed in light of the comments received.

Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this proposal will be filedin the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 98-CE-82-AD.'' The postcard will be date stamped and returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this NPRM by submitting a request to the FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 98-CE-82-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Discussion

The Direction Generale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, notified the FAA that an unsafe condition may exist or could develop on all Avions Pierre Robin Model R2160 airplanes. The DGAC reports cracks found on the vertical stabilizer in the area of the lower fitting of the rudder.

This condition, if not corrected, could result in structural failure of the vertical stabilizer with possible reduced or loss of control of the airplane.

Relevant Service Information

Avions Pierre Robin has issued Service Bulletin No. 120, dated September 27, 1990, which specifies procedures for inspecting the vertical stabilizer spar for cracks, loose rivets, or spar web distortion. This service bulletin also specifies modifying the vertical stabilizer spar if a discrepancy is found by incorporating Avions Pierre Robin Kit No. 97.40.03.

The DGAC classified this service bulletin as mandatory and issued French AD 90-224(A), dated December 12, 1990, in order to assure the continued airworthiness of these airplanes in France.

The FAA's Determination

This airplane model is manufactured in France and is type certificated for operation in the United States under the provisions of Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above.

The FAA has examined the findings of the DGAC; reviewed all available information, including the service information referenced above; and determined that AD action is necessary for products of this type design that are certificated for operation in the United States.

Explanation of the Provisions of the Proposed AD

Since an unsafe condition has been identified that is likely to exist or develop in other Avions Pierre Robin Model R2160 airplanes of the same type design registered in the United States, the FAA is proposing AD action. The proposed AD would require repetitively

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inspecting the vertical stabilizer spar in the area of the lower fitting of the rudder for cracks, loose rivets, or spar web distortion; and modifying the vertical stabilizer spar either immediately or at a certain time period depending on whether discrepancies are found during the inspections.

Accomplishment of the proposed inspections would be required in accordance with Avions Pierre Robin Service Bulletin No. 120, dated September 27, 1990. The modification will be required in accordance with the instructions included with Avions Pierre Robin Kit No. 97.40.03, as specified in Avions Pierre Robin Service Bulletin No. 120, dated September 27, 1990.

Cost Impact

The FAA estimates that 10 airplanes in the U.S. registry would be affected by the proposed AD, that it would take approximately 20 workhours per airplane to accomplish the proposed action, and that the average labor rate is approximately $60 an hour. Parts cost approximately $100 per airplane. Based on these figures, the total cost impact of the proposed AD on U.S. operators is estimated to be $13,000, or $1,300 per airplane.

Regulatory Impact

The regulations proposed herein would not have substantial direct effects 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. Therefore, in accordance with Executive Order 12612, it is determined that this proposal would not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

For the reasons discussed above, I certify that this action (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) if promulgated, 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. A copy of the draft regulatory evaluation prepared for this action has been placed in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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]

2. Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows:

   Avions Pierre Robin: Docket No. 98-CE-82-AD.

   Applicability: Model R2160 airplanes, all serial numbers, certificated in any category.

   Note 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (f) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.

   Compliance: Required as indicated in the body of this AD, unless already accomplished.

   To detect defects (cracks, loose rivets, or spar web distortion) in the vertical stabilizer spar, which could result in structural failure of the vertical stabilizer with possible reduced or loss of control of the airplane, accomplish the following:

   (a) Within the next 50 hours time-in-service (TIS) after the effective date of this AD, and thereafter at intervals not to exceed 100 hours TIS until the modification required by paragraph (b) of this AD is incorporated, inspect the vertical stabilizer spar in the area of the lower fitting of the rudder for cracks, loose rivets, or spar web distortion. Accomplish this inspection in accordance with the instructions in Avions Pierre Robin Service Bulletin No. 120, dated September 27, 1990.

   (b) At whichever of the compliance times in paragraphs (b)(1) and (b)(2) of this AD that occurs first, modify the vertical stabilizer spar by incorporating Avions Pierre Robin Kit No. 97.40.03 in accordance with the instructions to this kit, as specified in Avions Pierre Robin Service Bulletin No. 120, dated September 27, 1990.

   (1) Prior to further flight if cracks, loose rivets, or spar web distortion are/is found during any inspection required by paragraph (a) of this AD; or

   (2) Within the next 12 calendar months after the effective date of this AD.

   (c) Modifying the vertical stabilizer spar as specified in paragraph (b) of this AD is considered terminating action for the repetitive inspection requirement of this AD.

   (d) As of the effective date of this AD, no person may install, on any affected airplane, a vertical stabilizer spar that has not been modified as specified in paragraph (b) of this AD.

   (e) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.

   (f) An alternative method of compliance or adjustment of the compliance times that provides an equivalent level of safety may be used if approved by the Manager, Small Airplane Directorate, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106. The request shall be forwarded through an appropriate FAA Maintenance Inspector, who may add comments and then send it to the Manager, Small Airplane Directorate.

   Note 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Small Airplane Directorate.

   (g) Questions or technical information related to the service information referenced in this AD should be directed to Avions Pierre Robin, 1 route de Troyes 21121 Darois, France; telephone: 03.80.44.20.50; facsimile: 03.80.35.60.80. This service information may be examined at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

   Note 3: The subject of this AD is addressed in French AD 90- 224(A), dated December 12, 1990.

   Issued in Kansas City, Missouri, on January 12, 1999. Larry E. Werth, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

   [FR Doc. 99-1067Filed1-15-99; 8:45 am]

   BILLING CODE 4910-13-P