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2009-12-14 AEROMOT-INDUSTRIA MECANICO METALURGICA LTDA.: Amendment 39-15937; Docket No. FAA-2009-0323; Directorate Identifier 2009-CE-012-AD.
EFFECTIVE DATE

(a) This airworthiness directive (AD) becomes effective July 17, 2009.

AFFECTED ADS

(b) None.

APPLICABILITY

(c) This AD applies  to all serial numbers  of the following gliders  that
    are certificated in any category:

(1) Model AMT-100 gliders as modified to Model AMT-200 gliders; and

(2) Models AMT-200, AMT-200S, and AMT-300 gliders.

SUBJECT

(d) Air  Transport Association  of America  (ATA) Code  73: Engine  Fuel &
    Control.

REASON

(e) The mandatory continuing airworthiness information (MCAI) states:

    It has been found that the  coolant liquid EVANS NPG + is  a flammable
    fluid.  The  engine  liquid cooling  system  of  the affected  Aeromot
    aircrafts  is  not  designed   to  operate  with  flammable   liquids.
    Therefore, there is an  unacceptable engine fire risk  associated with
    the use of EVANS NPG + fluid.

    Since this condition may occur in other aircraft of the same type  and
    affects flight  safety, an  immediate corrective  action is  required.
    Thus, sufficient reason exists to  request compliance with this AD  in
    the indicated time limit without prior notice.

    The  MCAI requires  replacement  of  the EVANS  NPG +  coolant liquid,
    application of new red lines  on the engine cylinder head  temperature
    gauge,  replacement  of  the engine  radiator  cap,  and insertion  of
    information into the airplane flight manual (AFM).

ACTIONS AND COMPLIANCE

(f) Unless already done, do the following actions within the next 20 hours
    time-in-service after July 17, 2009 (the effective date of this AD) or
    within the next  30 days after  July 17, 2009  (the effective date  of
    this  AD),  whichever  occurs first,  following  AEROMOT Alert Service
    Bulletin  No.  200-71-106,  Rev. B,  dated  December  20, 2006;  ROTAX
    Aircraft Engines Mandatory  Service Bulletin SB-912-043  R2/SB-914-029
    R2,  dated  November 10, 2006;  and  ROTAX  Aircraft  Engines  Service
    Instruction SI-912-016/SI-914-019, dated August 28, 2006:

(1) Replace  the  EVANS NPG  + cooling  liquid  with  a conventional,  FAA
    -approved coolant for the ROTAX 912 and 914 series engines.

(2) Apply a new red line  marking on the engine cylinder head  temperature
    gauge at 120 degrees C/248 degrees F.

(3) Replace the  radiator cap part  number (P/N) 922075  from the affected
    engines with a new radiator cap P/N 922070.

(4) Insert into  the AFM Limitations  section an amendment  to include the
    new operation limit  of the cylinder  head temperature to  120 degrees
    C/248 degrees F by inserting a copy of AEROMOT Alert Service  Bulletin
    No.  200-71-106,  Rev. B,  dated  December  20, 2006,  into  the  AFM,
    Limitations section, Section 2 on item 2.4, power plant, fuel and  oil
    limitations and item 2.5, power plant instrument markings.

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:  Greg Davison,  Glider Program  Manager, FAA,  Small Airplane
    Directorate,  901  Locust,  Room  301,  Kansas  City,  Missouri 64106;
    telephone:  (816)  329-4130;  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  requirements  and  has  assigned  OMB Control
    Number 2120-0056.

RELATED INFORMATION

(h) Refer to  MCAI ANAC Brazilian  Airworthiness Directive AD  No. 2007-01
    -01, dated January 29, 2007; AEROMOT Alert Service Bulletin No. 200-71
    -106,  Rev.  B,  dated  December  20,  2006;  ROTAX  Aircraft  Engines
    Mandatory Service Bulletin SB-912-043 R2/SB-914-029 R2, dated November
    10, 2006;  and  ROTAX  Aircraft  Engines  Service  Instruction  SI-912
    -016/SI-914-019, dated August 28, 2006, for related information.

MATERIAL INCORPORATED BY REFERENCE

(i) You must  use AEROMOT Alert  Service Bulletin No.  200-71-106, Rev. B,
    dated  December 20, 2006;  ROTAX  Aircraft Engines  Mandatory  Service
    Bulletin  SB-912-043 R2/SB-914-029 R2,  dated  November 10, 2006;  and
    ROTAX  Aircraft  Engines  Service  Instruction  SI-912-016/SI-914-019,
    dated August 28, 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  Aeromot
    -Industria Mecanico Metalurgica ltda., Av. das Industrias, 1210-Bairro
    Anchieta,   Caixa   Postal  8031,  90 200-290-Porto  Alegre-RS-Brazil;
    telephone:  +55  51  3357  8550;  fax:  +55  51  3371  1655; Internet:
    http://www.aeromot.com.br.

(3) You may  review copies  of  the  service information  incorporated  by
    reference  for this  AD at  the FAA,  Central Region,  Office  of  the
    Regional  Counsel,  901  Locust,  Kansas  City,  Missouri  64106.  For
    information  on  the  availability of  this  material  at the  Central
    Region, call (816) 329-3768.

(4) You may also review copies of the service information incorporated  by
    reference  for  this   AD  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:
    http://www.archives.gov/federal_register/code_of_federal_regulations/i
    br_locations.html.

Issued in  Kansas City,  Missouri, on  June 4,  2009. Kim  Smith, Manager,
Small Airplane Directorate, Aircraft Certification Service.

FOR FURTHER  INFORMATION CONTACT:  Greg Davison,  Glider Program  Manager,
FAA,  Small  Airplane  Directorate, 901  Locust,  Room  301,  Kansas City,
Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090.
PREAMBLE 

AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT).

ACTION: Final rule.

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:

It has been found that the coolant liquid EVANS NPG + is a flammable fluid. The engine liquid cooling system of the affected Aeromot aircrafts is not designed to operate with flammable liquids. Therefore, there is an unacceptable engine fire risk associated with the use of Evans NPG + fluid.

DATES: This AD becomes effective July 17, 2009.
On July 17, 2009, 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 http:// www.regulations.gov 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: Greg Davison, Glider Program Manager, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4130; 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 April 8, 2009 (74 FR 15894). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states:

It has been found that the coolant liquid EVANS NPG + is a flammable fluid. The engine liquid cooling system of the affected Aeromot aircrafts is not designed to operate with flammable liquids. Therefore, there is an unacceptable engine fire risk associated with the use of Evans NPG + fluid.

The MCAI requires replacement of the EVANS NPG + coolant liquid, application of new red lines on the engine cylinder head temperature gauge, replacement of the engine radiator cap, and insertion of information into the airplane flight manual (AFM). We are issuing this AD to require actions to correct the unsafe condition on these products.

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 highlighted in a Note within the AD.

Costs of Compliance

Based on the service information, we estimate that this AD will affect 55 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $30 per product.
Based on these figures, we estimate the cost of this AD to the U.S. operators to be $6,050, or $110 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 http:// www.regulations.gov; 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

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new AD: