AGENCY: Federal Aviation Administration
(FAA), DOT.
ACTION: Final rule; request for comments.
SUMMARY: We are adopting a new airworthiness directive (AD) for
APEX
Aircraft Model R 3000/160 airplanes. This AD results from mandatory
continuing airworthiness information (MCAI) issued by the aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as small pieces of paint from the engine air intake box
blocking the engine carburetor. We are issuing this AD to require
actions to address the unsafe condition on these products.
DATES: This AD is effective October 17, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of October 17,
2014.
We must receive comments on this AD by October 27, 2014.
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 AD, contact CEAPR,
Bureau de Navigabilite, 1 route de Troyes, 21121 DAROIS-France,
telephone: (33) 380 35 25 22; fax: (33) 380 35 25 25; email:
www.info@ceapr.com">www.info@ceapr.com; internet: http://ceapr.com/.
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 by searching for and locating Docket No. FAA-2014-
0647; 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 this 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 AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090;
email: sarjapur.nagarajan@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued MCAI
EASA AD No. 2014-0155, dated July 2, 2014 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
An accident occurred on a DR 400 aeroplane during take-off
phase. Technical investigations showed paint adherence defects
inside the engine air intake box, Part Number 56.15.01.000. It was
determined that the engine carburettor had been blocked by small
pieces of paint from the engine air intake box, so that the engine
could not deliver its maximum power and the performance of the
aeroplane, notably during take-off, had been significantly degraded.
This condition, if not detected and corrected, could lead to an
engine failure, possibly resulting in loss of control of the
aeroplane.
To initially address this issue, DGAC France published AD 1999-
053 (later revised) to require inspection of the engine air intake
box. After that AD was issued, cohesion defects were found inside
the laminated air ducting from engine filter to engine air intake
box. Prompted by these findings, DGAC France issued AD 1999-470 to
require inspection of the engine laminated air ducting.
Since DGAC France AD 1999-053 R1 and AD 1999-470 were issued,
several engine failures and malfunctions have occurred due to the
same root causes. Consequently, CEAPR issued SB N[deg] 161 Revision
3 to provide more detailed inspection and replacement instructions.
For the reasons described above, this AD retains the
requirements of DGAC France AD 1999-053 R1 and AD 1999-470, which
are superseded, and requires repetitive inspections and, depending
on findings, replacement of the engine air intake box and engine air
ducting in accordance with the revised instructions.
You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2014-0647.
Relevant Service Information
CEAPR has issued Mandatory Service Bulletin Number 161R3, dated
September 6, 2012. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of the 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 issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because there
are no airplanes currently on the U.S. registry and thus, does not have
any impact upon the public. Therefore, we find that notice and
opportunity for prior public comment are unnecessary.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2014-0647; Directorate
Identifier 2014-CE-027-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
We will post all comments we receive, without change, to http://www.
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
Costs of Compliance
We estimate that this AD will affect 0 products of U.S. registry.
We also estimate that it would take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $0, or $0 per product.
In addition, we estimate that any necessary follow-on actions would
take about 1 work-hour and require parts costing $2,970, for a cost of
$3,055 per product. We have no way of determining the number of
products that may need these actions.
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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(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
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:
|