[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Proposed Rules]
[Pages 38140-38141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18311]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0115; Directorate Identifier 2007-CE-080-AD]
RIN 2120-AA64


Airworthiness Directives; Reims Aviation S.A. Model F406 
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM); rescission.

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SUMMARY: We propose to rescind an airworthiness directive (AD) for the 
products listed above. The existing AD resulted 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:

    On several occasions, leaks of the landing gear emergency 
blowdown bottle have been reported. Investigations revealed that the 
leakage was located on the nut manometer because of a design 
deficiency in the bottle head.
    If left uncorrected, the internal bottle pressure could not be 
maintained to an adequate level and could result in a malfunction, 
failing to extend landing gears during emergency situations.

    Since issuance of that AD, we have determined that the condition is 
not unsafe. This proposed action to rescind the AD would allow the 
public the opportunity to comment on the FAA's determination of the 
condition being unsafe before it is officially rescinded.

DATES: We must receive comments on this proposed AD by September 14, 
2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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.

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 this proposed AD rescission, 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: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD rescission. Send your comments to an 
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2007-0115; Directorate Identifier 2007-CE-080-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD rescission. We will consider all comments received by the 
closing date and may amend this proposed AD rescission 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 proposed AD rescission.

Discussion

    On December 13, 2007, we issued AD 2007-26-08, Amendment 39-15310 
(72 FR 73258, December 27, 2007). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2007-26-08, we have reconsidered this AD with 
respect to the determination of an unsafe condition.
    We issued AD 2007-26-08 in consideration of the MCAI from an 
aviation authority of another country to identify and correct an unsafe 
condition on an airplane. At that time, we were not aware that there 
were several Cessna Aircraft Company (Cessna) model airplanes equipped 
with the same blowdown bottle part number (P/N) 9910154-4.
    Before issuing an AD on domestic products, we prepare a risk 
assessment of the unsafe condition. A risk assessment was done for the 
Cessna model airplanes. The result of that assessment was not high 
enough to support AD action since the system is a backup system to the 
primary landing gear extension system.
    Based on this risk assessment, we reevaluated the existing AD 
against Reims Aviation Model 406 airplanes (AD 2007-28-08) and 
determined the condition identified in the AD is not an unsafe 
condition.

FAA's Determination and Requirements of the Proposed AD Rescission

    We are proposing this AD rescission because we evaluated all 
information and determined the condition identified in the existing AD 
is not unsafe and the AD is not necessary.

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 rescinding the 
determination of an unsafe condition that is likely to exst or develop 
on products identified in this rulemaking action.

Regulatory Findings

    We determined that this proposed AD rescission would not have 
federalism implications under Executive Order 13132. This proposed AD 
rescission 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

[[Page 38141]]

power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed rescission 
of a regulation:
    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 regulatory evaluation of the estimated costs to 
comply with this proposed AD rescission and placed it in the AD docket.

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 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 rescinding AD 2007-26-08, 
Amendment 39-15310 (72 FR 73258, December 27, 2007):

Reims Aviation S.A.: Docket No. FAA-2007-0115; Directorate 
Identifier 2007-CE-080-AD.

Comments Due Date

    (a) We must receive comments by August 31, 2009.

Affected ADs

    (b) This AD rescinds AD 2007-26-08.

Applicability

    (c) This AD applies to model F406 airplanes, all serial numbers, 
that are:
    (1) Equipped with landing gear emergency blowdown bottle part 
number (P/N) 9910154-4; and
    (2) certificated in any category.

    Issued in Kansas City, Missouri, on July 27, 2009.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-18311 Filed 7-30-09; 8:45 am]
BILLING CODE 4910-13-P