[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Proposed Rules]
[Pages 62003-62005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23623]


========================================================================
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.

========================================================================


Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / 
Proposed Rules

[[Page 62003]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19222; Directorate Identifier 2004-CE-29-AD]
RIN 2120-AA64


Airworthiness Directives; Eagle Aircraft (Malaysia) Sdn. Bhd. 
Model Eagle 150B Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Eagle Aircraft (Malaysia) Sdn. Bhd. Model Eagle 150B airplanes. 
This proposed AD would require you to inspect the port and starboard 
undercarriage attach bracket for unwelded areas and replace the attach 
bracket if unwelded areas are found. This proposed AD results from 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for Malaysia. We are issuing this proposed AD 
to detect and correct inadequate welding of the undercarriage, which 
could result in cracks. This failure could lead to loss of control of 
the airplane.

DATES: We must receive any comments on this proposed AD by November 29, 
2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    To get the service information identified in this proposed AD, 
contact Eagle Aircraft (Malaysia) Sdn. Bhd., PO Box 1028, Pejabat Pos 
Besar, Melanka, Malaysia, 75150; telephone: (606) 317-4105; facsimile: 
(606) 317-7213.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
This is docket number FAA-2004-19222.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
Small Airplane Directorage, ACE-112, 901 Locust, Rm 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; facsimile: (816) 329-4149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include the 
docket number, ``FAA-2004-19222; Directorate Identifier 2004-CE-29-AD'' 
at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket Web site, anyone 
can find and read the comments received into any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA-2004-19222. You may review the DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed AD, we will 
summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend this 
proposed AD in light of those comments and contacts.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5227) is located on 
the plaza level of the Department of Transportation NASSIF Building at 
the street address stated in ADDRESSES. You may also view the AD docket 
on the Internet at http://dms.dot.gov. The comments will be available 
in the AD docket shortly after the DMS receives them.

Discussion

    What events have caused this proposed AD? The Department of Civil 
Aviation, Malaysia (DCA), which is the airworthiness authority for 
Malaysia, recently notified FAA that an unsafe condition may exist on 
all Eagle Aircraft Sdn. Bhd. Model Eagle 150B airplanes. The DCA 
reports one case of finding cracks on a port main undercarriage attach 
bracket during a routine inspection. An unwelded area on the adjoining 
plates of the bracket may have caused stress that resulted in the 
cracking.
    What is the potential impact if FAA took no action? Inadequate 
welding of the undercarriage attach bracket could result in cracks. 
This failure could lead to loss of control of the airplane.
    Is there service information that applies to this subject? Eagle 
Aircraft Sdn. Bhd. has issued Alert Service Bulletin SB 1123, dated 
August 8, 2004.
    What are the provisions of this service information? The service 
bulletin includes procedures for inspecting the port and starboard 
undercarriage attach bracket for unwelded areas.
    What action did the DCA take? The DCA classified this service 
bulletin as mandatory and issued Malaysian CAM AD 001-08-2004 to ensure 
the continued airworthiness of these airplanes in Malaysia.

[[Page 62004]]

    Did the DCA inform the United States under the bilateral 
airworthiness agreement? These Eagle 150B airplanes are manufactured in 
Malaysia and are type-certificated for operation in the United States 
under the provisions of section 21.29 of the Federal Aviation 
Regulations (14 CFR 21.29) and the applicable bilateral airworthiness 
agreement.
    Under this bilateral airworthiness agreement, the DCA has kept us 
informed of the situation described above.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have examined the DCA's findings, reviewed 
all available information, and determined that AD action is necessary 
for products of this type design that are certificated for operation in 
the United States.
    Since the unsafe condition described previously is likely to exist 
or develop on other Eagle 150B airplanes of the same type design that 
are registered in the United States, we are proposing AD action to 
detect and correct inadequate welding of the undercarriage attach 
bracket, which could result in cracks. This failure could lead to loss 
of control of the airplane.
    What would this proposed AD require? This proposed AD would require 
you to inspect the port and starboard undercarriage attach bracket for 
unwelded areas in the locations specified in the service information 
and replace the attach bracket if unwelded areas are found.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs FAA's AD system. This regulation 
now includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 13 airplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected airplanes? We estimate the following costs to 
accomplish this proposed inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                 Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
.5 work hours x $65 per hour = $32.50........................             N/A           $32.50          $422.50
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary 
replacements that would be required based on the results of this 
proposed inspection. We have no way of determining the number of 
airplanes that may need this replacement:

----------------------------------------------------------------------------------------------------------------
                                                                                                 Total cost  per
               Labor cost                                      Parts cost                           airplane
----------------------------------------------------------------------------------------------------------------
1 work hour x $65 per hour = $65........  If the attach bracket requires replacement, Eagle                 $65
                                           Aircraft has agreed to provide the parts without
                                           cost..
----------------------------------------------------------------------------------------------------------------

Regulatory Findings

    Would this proposed AD impact various entities? We have 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.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
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); 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 summary of the costs to comply with this proposed AD 
and placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket FAA-2004-19222; Directorate Identifier 2004-CE-29-AD'' in 
your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration 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 
airworthiness directive (AD):

Eagle Aircraft (Malaysia) Sdn. Bhd.: Docket No. FAA-2004-19222; 
Directorate Identifier 2004-CE-29-AD

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by November 29, 2004.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models and serial 
numbers that are certificated in any category: Eagle Aircraft 
(Malaysia) Sdn. Bhd. Eagle 150B airplanes, serial numbers 016 
through 044, M1001 through M1003, and M1005.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of unwelded areas on the undercarriage 
attach bracket. The actions specified in this AD are intended to 
detect and correct inadequate welding of the undercarriage, which 
could result in cracks. This failure could lead to loss of control 
of the airplane.

[[Page 62005]]

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the port and      Within 50 hours time- Follow Eagle
 starboard undercarriage       in-service after      Aircraft Service
 attach bracket for unwelded   the effective date    Bulletin SB 1123,
 areas.                        of this AD.           dated August 8,
                                                     2004.
(2) If unwelded areas are     Prior to further      Follow Eagle
 found:.                       flight after the      Aircraft Service
(i) contact the manufacturer   inspection required   Bulletin SB 1123,
 for replacement parts at      by paragraph (e)(1)   dated August 8,
 mailing address Eagle         of this AD.           2004.
 Aircraft, P.O. Box 1028,
 Pejabat Pos Besar, Melaka,
 Malaysia 75150; telephone:
 (606) 317-4105, facsimile:
 (606) 317-7213; and.
(ii) install the replacement
 parts.
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Karl Schletzbaum, 
Aerospace Engineer, Small Airplane Directorage, ACE-112, 901 Locust, 
Rm 301, Kansas City, Missouri, 64106; telephone: (816) 329-4146; 
facsimile: (816) 329-4149.

Is There Other Information That Relates to This Subject?

    (g) DCA CAM AD 001-08-2004, dated August 12, 2004, and Eagle 
Aircraft Alert Service Bulletin SB 1123, dated August 8, 2004, also 
address the subject of this AD.

May I Get Copies of the Documents Referenced in This AD?

    (h) To get copies of the documents referenced in this AD, 
contact Eagle Aircraft, PO Box 1028, Pejabat Pos Besar, Melaka, 
Malaysia, 75150; telephone: (606) 317-4105; facsimile: (606) 317-
7213. To view the AD docket, go to the Docket Management Facility; 
U.S. Department of Transportation, 400 Seventh Street, SW., Nassif 
Building, Room PL-401, Washington, DC, or on the Internet at http://dms.dot.gov. This is docket number FAA-2004-19222.

    Issued in Kansas City, Missouri, on October 14, 2004.
William J. Timberlake,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-23623 Filed 10-21-04; 8:45 am]
BILLING CODE 4910-13-P