Airworthiness directives: Eagle Aircraft Pty. Ltd.,

[Federal Register: February 4, 2002 (Volume 67, Number 23)]

[Rules and Regulations]

[Page 5043-5044]

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

[DOCID:fr04fe02-3]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-CE-03-AD; Amendment 39-12629; AD 2002-02-01]

RIN 2120-AA64

Airworthiness Directives; Eagle Aircraft Pty. Ltd. Model 150B Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a new airworthiness directive (AD) that applies to certain Eagle Aircraft Pty. Ltd. (Eagle) Model 150B airplanes. This AD requires you to modify the attachment of the port and starboard throttle arms, and the starboard bushing of the throttle torque tube. This AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Australia. The actions specified by this AD are intended to prevent failure of the throttle control assembly caused by rivets of the wrong size. Such failure could lead to reduced control of the airplane.

DATES: This AD becomes effective on March 21, 2002.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of March 21, 2002.

ADDRESSES: You may get the service information referenced in this AD from Eagle Aircraft Pty. Ltd., Lot 700 Cockburn Road, Henderson WA 6166 Australia; telephone: (08) 9410 1077; facsimile: (08) 9410 2430. You may view this information at the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2001-CE-03-AD, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Fredrick A. Guerin, Aerospace Engineer, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone: (562) 627- 5232; facsimile: (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Discussion

What Events Have Caused This AD?

The Civil Aviation Safety Authority (CASA), which is the airworthiness authority for Australia, notified FAA that an unsafe condition may exist on certain Eagle Model 150B airplanes. The CASA reports that Eagle manufactured certain Model 150B airplanes with rivets of the wrong size on the throttle control assembly. Installed rivets that are not the right size have resulted in reduced structural integrity of the throttle control assembly.

What Is the Potential Impact if FAA Took no Action?

If this condition is not corrected, failure of the throttle control assembly could result. Such failure could lead to reduced control of the airplane.

Has FAA Taken any Action to This Point?

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 certain Eagle Model 150B airplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on November 5, 2001 (66 FR 55894). The NPRM proposed to require you to replace existing 3/32-inch rivets, which attach the throttle torque tubes to the port and starboard throttle arms, with 1/8-inch solid-head rivets; and replace the 1/8-inch rivet in the starboard bushing of the throttle torque tube with a 5/32-inch screw.

Was the Public Invited To Comment?

The FAA encouraged interested persons to participate in the making of this amendment. We did not receive any comments on the proposed rule or on our determination of the cost to the public.

FAA's Determination

What Is FAA's Final Determination on This Issue?

After careful review of all available information related to the subject presented above, we have determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial corrections. We have determined that these minor corrections:

--Provide the intent that was proposed in the NPRM for correcting the unsafe condition; and --do not add any additional burden upon the public than was already proposed in the NPRM.

Cost Impact

How Many Airplanes Does This AD Impact?

We estimate that this AD affects 5 airplanes in the U.S. registry.

What Is the Cost Impact of This AD on Owners/Operators of the Affected Airplanes?

We estimate the following costs to accomplish the modification:

[[Page 5044]]

Total cost per Total Cost on U.S. Labor cost

Parts cost

airplane

operators

2 workhours x $60 = $120................................

$50

$170 $170 x 5 = $850.

Regulatory Impact

Does This AD Impact Various Entities?

The regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132.

Does This AD Involve a Significant Rule or Regulatory Action?

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) 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 final evaluation prepared for this action is contained 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, Incorporation by reference, Safety.

Adoption of the Amendment

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

  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. FAA amends Sec. 39.13 by adding a new AD to read as follows:

    2002-02-01 Eagle Aircraft PTY. Ltd.: Amendment 39-12629; Docket No. 2001-CE-03-AD.

    (a) What airplanes are affected by this AD? This AD affects Model 150B airplanes, serial numbers 001 through 021, that are certificated in any category.

    (b) Who must comply with this AD? Anyone who wishes to operate any of the airplanes identified in paragraph (a) of this AD must comply with this AD.

    (c) What problem does this AD address? The actions specified by this AD are intended to prevent failure of the throttle control assembly. Such failure could lead to reduced control of the airplane.

    (d) What actions must I accomplish to address this problem? To address this problem, you must accomplish the following:

    Actions

    Compliance

    Procedures

    Replace the existing \3/32\- Within the next 100 In accordance with inch rivets, which attach hours time-in

    Eagle Service the throttle torque tubes service (TIS) after Bulletin 1067, to the port and starboard March 21, 2002 (the Revision 1, dated throttle arms, with \1/8\- effective date of October 21, 1999. inch solid-head rivets, and this AD). replace the \1/8\-inch rivet in the starboard bushing of the throttle torque tube with a \5/32\- inch screw.

    (e) Can I comply with this AD in any other way? You may use an alternative method of compliance or adjust the compliance time if:

    (1) Your alternative method of compliance provides an equivalent level of safety; and

    (2) The Manager, Los Angeles Aircraft Certification Office (ACO), approves your alternative. Submit your request through an FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Los Angeles ACO.

    Note 1: This AD applies to each airplane identified in paragraph (a) of this AD, 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 (e) 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 you have not eliminated the unsafe condition, specific actions you propose to address it.

    (f) Where can I get information about any already-approved alternative methods of compliance? Contact Fredrick A. Guerin, Aerospace Engineer, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712; telephone: (562) 627-5232; facsimile: (562) 627-5210.

    (g) What if I need to fly the airplane to another location to comply with this AD? The FAA can issue a special flight permit under sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate your airplane to a location where you can accomplish the requirements of this AD.

    (h) Are any service bulletins incorporated into this AD by reference? Actions required by this AD must be done in accordance with Eagle Service Bulletin 1067, Revision 1, dated October 21, 1999. The Director of the Federal Register approved this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. You can get copies Eagle Aircraft Pty. Ltd., Lot 700 Cockburn Road, Henderson WA 6166 Australia. You can look at copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC.

    Note 2: The subject of this AD is addressed in Australian AD Number X-TS/4, effective July 6, 2000.

    (i) When does this amendment become effective? This amendment becomes effective on March 21, 2002.

    Issued in Kansas City, Missouri, on January 24, 2002. Michael K. Dahl, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

    [FR Doc. 02-2318Filed2-1-02; 8:45 am]

    BILLING CODE 4910-13-P

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