DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0279; Directorate Identifier 2012-CE-007-AD]
Airworthiness Directives; Alpha Aviation Concept Limited (Type
Certificate Previously Held by Alpha Aviation Design Limited) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: We propose to adopt a new airworthiness directive (AD)
Alpha Aviation Concept Limited Model R2160 airplanes. This proposed AD
results from mandatory continuing airworthiness information (MCAI)
originated 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 oil lines fitted to affected aircraft are not
fire resistant. We are issuing this proposed AD to require actions to
address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by May 3, 2012.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Alpha Aviation Concept Limited, Ingram Road, Hamilton Airport, RD 2,
Hamilton 2021, New Zealand; telephone: 011 64 7 843 7070; fax: 011 64
7843 8040; email: email@example.com; Internet:
http://www.alphaaviation.co.nz. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call (816) 329-4148.
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
proposed AD, 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
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090; email:
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include "Docket No. FAA-2012-0279;
Directorate Identifier 2012-CE-007-AD" at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://regulations.gov,
including any personal information you provide. We will also post a report
summarizing each substantive verbal contact we receive about this proposed
The Civil Aviation Authority (CAA), which is the aviation authority
for New Zealand, has issued AD DCA/R2000/40, dated February 23, 2012
(referred to after this as "the MCAI"), to correct an unsafe
condition for the specified products. The MCAI states:
It has been determined that the oil lines fitted to affected
aircraft are not fire resistant and not compliant with the
requirements in FAR 23.1183. To correct this unsafe condition the
Civil Aviation Authority of New Zealand issued DCA/R2000/34
requiring the replacement of oil lines with fire resistant lines.
Since the issue of that AD it has been determined that the oil
transmitter hoses are also not compliant with FAR 23.1183. DCA/
R2000/40 retains the requirements in superseded DCA/R2000/34. The AD
requirement expanded to include the replacement of the oil pressure
Relevant Service Information
Alpha Aviation has issued Service Bulletin AA-SB-79-001, Revision
0, dated February 2012; and Apex Aircraft has issued Service Bulletin
No. 020310, dated June 3, 2002. The actions described in this service
information are intended to correct the unsafe condition identified in
FAA's Determination and Requirements of the Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
Costs of Compliance
We estimate that this proposed AD will affect 10 products of U.S.
registry. We also estimate that it would take about 4 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $510 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $8,500, or $850 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
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
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
(1) Is not a "significant regulatory action" under Executive
(2) Is not a "significant rule" under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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: