[Federal Register Volume 69, Number 245 (Wednesday, December 22, 2004)]
[Rules and Regulations]
[Pages 76603-76605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27814]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19222; Directorate Identifier 2004-CE-29-AD; 
Amendment 39-13912; AD 2004-26-01]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for all 
Eagle Aircraft (Malaysia) Sdn. Bhd. Model Eagle 150B airplanes. This AD 
requires you to inspect the port and starboard undercarriage attach 
bracket for unwelded areas and replace the attach bracket if unwelded 
areas are found. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for Malaysia. We are issuing this 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: This AD becomes effective on January 31, 2005.
    As of January 31, 2005, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: To get the service information identified in this AD, 
contact Eagle Aircraft (Malaysia) Sdn. Bhd., P.O. Box 1028, Pejabat Pos 
Besar, Melanka, Malaysia, 75150; telephone: 011 606 317 4105; 
facsimile: 011 606 317 7213. To review this service information, go to 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call (202) 741-6030.
    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 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2004-19222.

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

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this 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.
    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 all Eagle Aircraft Sdn. Bhd. Model 
Eagle 150B airplanes. This proposal was published in the Federal 
Register as a notice of proposed rulemaking (NPRM) on October 22, 2004 
(69 FR 62003). The NPRM proposed to require you to inspect the port and 
starboard undercarriage attach bracket for unwelded areas and replace 
the attach bracket if unwelded areas are found.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. We received no 
comments on the proposal or on the determination of the cost to the 
public.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for minor 
editorial corrections. We have determined that these minor corrections:

--Are consistent with 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.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR

[[Page 76604]]

part 39 (67 FR 47997, July 22, 2002), which governs the 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 does this AD impact? We estimate that this AD 
affects 13 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 
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 will be required based on the results of the 
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 =     If the attach bracket              $65
 $65.                             requires replacement,
                                  Eagle Aircraft has
                                  agreed to provide the
                                  parts without cost.
------------------------------------------------------------------------

Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
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 AD.

Regulatory Findings

    Will this AD impact various entities? We have 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.
    Will this AD involve a significant rule or regulatory action? 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); 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 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 
``Docket No. 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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

0
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]

0
2. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2004-26-01 Eagle Aircraft (Malaysia) SDN. BHD.: Amendment 39-13912; 
Docket No. FAA-2004-19222; Directorate Identifier 2004-CE-29-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on January 31, 2005.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects Model Eagle 150B airplane, serial numbers 
016 through 044, M1001 through M1003, and M1005, that are 
certificated in any category.

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.

What Must I Do To Address This Problem?

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

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               Actions                             Compliance                            Procedures
----------------------------------------------------------------------------------------------------------------
(1) Inspect the port and starboard    Within 50 hours time-in-service       Follow Eagle Aircraft Alert Service
 undercarriage attach bracket for      after January 31, 2005 (the           Bulletin SB 1123, dated August 8,
 unwelded areas.                       effective date of this AD).           2004.
(2) If unwelded areas are found:

[[Page 76605]]

 
    (i) Contact the manufacturer for
     replacement parts at mailing
     address Eagle Aircraft, P.O.
     Box 1028, Pejabat Pos Besar,
     Melaka, Malaysia 75150;
     telephone: (606) 317-4105,
     facsimile: (606) 317-7213;
    (ii) Install the replacement      Before further flight after the       Follow Eagle Aircraft Alert Service
     parts.                            inspection required by paragraph      Bulletin SB 1123, dated August 8,
                                       (e)(1) of this AD.                    2004.
----------------------------------------------------------------------------------------------------------------

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 Directorate, 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, also 
addresses the subject of this AD.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in Eagle Aircraft Alert Service Bulletin SB 1123, dated 
August 8, 2004. The Director of the Federal Register approved the 
incorporation by reference of this service bulletin in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this 
service information, contact Eagle Aircraft, P.O. Box 1028, Pejabat 
Pos Besar, Melaka, Malaysia, 75150; telephone: 011 606 317 4105; 
facsimile: 011 606 317 7213. To review copies of this service 
information, go to the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call (202) 741-6030. 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 20590-001 or on the Internet 
at http://dms.dot.gov. The docket number is FAA-2004-19222.

    Issued in Kansas City, Missouri, on December 13, 2004.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-27814 Filed 12-21-04; 8:45 am]
BILLING CODE 4910-13-P