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[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Rules and Regulations]
[Pages 52177-52180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20241]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0617; Directorate Identifier 2014-CE-019-AD; 
Amendment 39-17962; AD 2014-17-09
RIN 2120-AA64

Airworthiness Directives; Various de Havilland Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Harry E. Williams de Havilland Model DH 82A airplanes, all Cliff 
Robertson de Havilland Model DH 82A airplanes, and all de Havilland 
Model DH 83 airplanes. This AD requires inspecting the aircraft 
maintenance records and/or the installed lateral fuselage tie rods and

[[Page 52178]]

attaching nuts to determine the origin of manufacture. This AD also 
requires immediately replacing lateral fuselage tie rods and attaching 
nuts produced by a specific manufacturer. This AD was prompted by 
reports of structural failure of the attachment of the wing to the 
fuselage that resulted from failed lateral fuselage tie rods. We are 
issuing this AD to correct the unsafe condition on these products.

DATES: This AD is effective September 18, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
18, 2014.
    We must receive comments on this AD by October 20, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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, for de Havilland DH 
82A airplanes, contact de Havilland Support Ltd., Building 213, Duxford 
Airfield, Cambridge, United Kingdom CB22 4QR, telephone: +44 (0) 1223 
830090; fax: +44 (0) 1223 83008; email: info@dhsupport.com, Internet: 
http://www.dhsupport.com/moth.php.
    For service information identified in this AD, for de Havilland DH 
83, contact Air Stratus Ltd., Oaksey Park Airfield, Oaksey, Malmesbury, 
Wiltshite, United Kingdom SN 16 9SD, telephone: +44 (0) 1666 575111; no 
known Internet address.
    You may view this referenced service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64016. 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-
0617; 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 (phone: 
800-647-5527) is in the ADDRESSES section. Comments will be available 
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: For airplanes covered under Type 
Certificate Data Sheet (TCDS) A5PC (Model de Havilland DH 82A airplanes 
built in Australia): Andrew McAnaul, Aerospace Engineer, FAA, Fort 
Worth Airplane Certification Office, ASW-150 (c/o San Antonio MIDO), 
10100 Reunion Place, Suite 650, San Antonio, Texas 78216; phone: (210) 
308-3365; fax: (210) 308-3370; email: andrew.mcanaul@faa.gov.
    For airplanes covered under TCDS A8EU (Model de Havilland DH 82A 
airplanes built in the United Kingdom): Fred Guerin, Aerospace 
Engineer, FAA, Los Angeles Aircraft Certification Office, 3960 
Paramount Blvd., Suite 100, Lakewood, California 90712; phone (562) 
627-5232; fax: (562) 627-5210; email: fred.guerin@faa.gov.
    For airplanes covered under TCDS 2-439 (Model de Havilland DH 83 
airplanes built in the United Kingdom): Karl Schletzbaum, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; phone: (816) 329-4123; fax: (816) 329-4090; 
email: karl.schletzbaum@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We received a report from the Australia Transportation Safety Board 
(ASTB) of accident investigation results on a de Havilland Model DH 82A 
airplane, which had a wing failure in flight. Investigation revealed 
that both of the accident airplane's fuselage lateral tie rods, which 
join the lower wings to the fuselage, were found fractured in three of 
the four threaded sections near the join with the left wing. The failed 
lateral fuselage tie rods, part number JRA-776-1, were under an 
Australian parts manufacturing approval (PMA) and were found to have 
different characteristics than the OEM parts.
    Although the defective PMA parts were manufactured in Australia, 
some airplanes of U.S. registry may have the PMA parts installed.
    De Havilland Model DH 82A airplanes (commonly referred to as Tiger 
Moths) are type certificated under two type certificates. TCDS A5PC, 
currently held by Harry E. Williams, is for airplanes built in 
Australia, and TCDS A8EU, currently held by Cliff Robertson, c/o 
Gadbois Business Management, is for airplanes built in the United 
Kingdom. This type certification approval was not by validation, but by 
an acceptance process; as such, the U.S. type certificate holders are 
not the manufacturers of the airplanes and the original manufacturers 
(de Havilland and its licensees) are not type certificate holders.
    De Havilland Support Ltd (DHSL) holds the type certificate 
responsibility for de Havilland Model DH 82A airplanes (the type design 
for TCDS A8EU) in the United Kingdom.
    DHSL is custodian of the airframe design data, manufacturing 
drawings, and repair schemes still in existence for de Havilland Model 
DH 82A Tiger Moth series airplanes only. In 2012, DHSL entered into a 
CAA Type Responsibility Agreement (TRA) so that the airplane remains 
eligible, if required, for an ICAO-compliant Certificate of 
Airworthiness to facilitate training and pleasure flying.
    Similarly, Air Stratus Ltd holds the type certificate 
responsibility for de Havilland Model DH 83 airplanes (the type design 
for TCDS 2-439) in the United Kingdom.
    The process for making mandatory continuing airworthiness 
information (MCAI) issued by an aviation authority of another country 
mandatory for airplanes of U.S. registry is through rulemaking.
    This condition, if not corrected, could result in structural 
failure of the attachment of the wing to the fuselage. We are issuing 
this AD to correct the unsafe condition on these products.

Relevant Service Information

    We reviewed British Aerospace Military Aircraft and Aerostructures 
BAe Aircraft Bulletin for de Havilland Moth Aircraft, Document Type and 
Ref No Technical News Sheet CT (Moth) No 29, Issue 3, dated March 1, 
1999, which was approved by the Civil Aviation Authority (CAA) for the 
United Kingdom to ensure the continued airworthiness of these airplanes 
in the United Kingdom. The service information describes procedures for 
replacing the lateral tie rods and attaching nuts.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

[[Page 52179]]

AD Requirements

    This AD requires inspecting the aircraft maintenance records and/or 
the installed lateral fuselage tie rods and attaching nuts to determine 
if they were produced by J & R Aerospace Pty Ltd. This AD also requires 
replacing all lateral fuselage tie rods and attaching nuts produced by 
J & R Aerospace Pty Ltd with airworthy parts.

FAA's Justification and 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 
structural failure of the attachment of the wing to the fuselage could 
result in loss of control. Therefore, we find that notice and 
opportunity for prior public comment are impracticable and that good 
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, we invite you to send any written data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include the docket number FAA-2014-0617 and 
Directorate Identifier 2014-CE-019-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 affects 69 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
              Action                     Labor cost            Parts cost           product         operators
----------------------------------------------------------------------------------------------------------------
Inspect the aircraft maintenance    1 work-hour x $85     Not applicable......             $85           $5,865
 records and/or the lateral          per hour = $85.
 fuselage tie rod s and attaching
 nuts to determine the lateral
 fuselage tie rods and attaching
 nuts origin of manufacture.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
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                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace lateral fuselage tie rods and          30 work-hours x $85 per hour =             $825           $3,375
 attaching nuts.                                $2,550.
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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

    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 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

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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2014-17-09 Harry E. Williams, Cliff Robertson, and de Havilland 
Airplanes: Amendment 39-17962; Docket No.

[[Page 52180]]

FAA-2014-0617; Directorate Identifier 2019-CE-019-AD.

(a) Effective Date

    This AD is effective September 18, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Harry E. Williams and Cliff Robertson Model 
de Havilland DH 82A airplanes, all serial numbers, and de Havilland 
Model DH 83 airplanes, all serial numbers, certificated in any 
category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 5341, Fuselage, Wing Attach Fittings.

(e) Unsafe Condition

    This AD was prompted by reports of structural failure of the 
attachment of the wing to the fuselage that resulted from failed 
lateral fuselage tie rods. We are issuing this AD to correct the 
unsafe condition on these products.

(f) Compliance

    Comply with this AD within the compliance times specified in 
paragraphs (g) through (j) of this AD, unless already done.

(g) Restrict Airplane Operation

    (1) As of September 18, 2014 (the effective date of this AD), 
the airplane is restricted to non-aerobatic flight until the actions 
required in paragraphs (h)(1) through (i)(1) of this AD are done.
    (2) As of September 18, 2014 (the effective date of this AD), 
before further flight, place a copy of this AD into the Limitations 
section of the airplane flight manual (AFM).

(h) Determine Manufacture of Installed Lateral Fuselage Tie Rods and 
Attaching Nuts

    Within the next 10 hours time-in-service (TIS) after September 
18, 2014 (the effective date of this AD), review the aircraft 
maintenance records and/or inspect the installed lateral fuselage 
tie rods and attaching nuts to determine if the lateral fuselage tie 
rods and attaching nuts were produced by J & R Aerospace Pty Ltd., 
P/N JRA-776-1 (for de Havilland Model DH 82A airplanes), and P/N 
JRA-776-3 (for de Havilland Model DH 83 airplanes).
    (1) If you are able to positively determine that the installed 
lateral fuselage tie rods and attaching nuts are not produced by J & 
R Aerospace Pty Ltd, remove the flight restriction required in 
paragraph (g) of this AD, and no further action is required by this 
AD.
    (2) If you are not able to positively determine that the 
installed lateral fuselage tie rods and attaching nuts are not 
produced by J & R Aerospace Pty Ltd or if you determine that the 
installed lateral fuselage tie rods and attaching nuts are produced 
by J & R Aerospace, before further flight, remove and replace the 
lateral fuselage tie rods and attaching nuts as specified in 
paragraph (i) of this AD.

(i) Remove and Replace Lateral Fuselage Tie Rods and Attaching Nuts 
Produced by J & R Aerospace Pty Ltd

    (1) Before further flight after making the determination 
required in paragraph (h)(2) of this AD, remove and destroy the 
installed lateral fuselage tie rods and attaching nuts and replace 
the lateral fuselage tie rods and attaching nuts. Replace the 
lateral tie rods and attaching nuts following the procedures in 
paragraph 2.C. of the Accomplishment Instructions and using the 
table on Figure 1 in British Aerospace Military Aircraft and 
Aerostructures BAe Aircraft Bulletin for De Havilland Moth Aircraft, 
Document Type and Ref No Technical News Sheet CT (Moth) No 29, Issue 
3, dated March 1, 1999.
    (2) Before further flight after doing the replacement required 
in paragraph (i)(1) of this AD, remove the flight restriction 
required in paragraph (g) of this AD.

(j) Prohibited Installation

    As of September 18, 2014 (the effective date of this AD), do not 
install P/N JRA-776-1 or JRA-776-3 lateral fuselage tie rods 
manufactured under Australian part manufacture approval (PMA) 
manufacturer J & R Aerospace Pty Ltd.

(k) Special Flight Permit

    Special flight permits are permitted with the following 
limitations:
    (1) No passengers,
    (2) Day VRF only,
    (3) Straight and level flight, and
    (4) Avoid areas of known turbulence.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager of the Fort Worth Airplane Certification Office 
(ACO), the Manager of the Los Angeles Aircraft Certification Office 
(ACO), and the Manager of the Standards Office, FAA, have the 
authority to approve AMOCs for their respective products covered by 
this AD, if requested using the procedures found in 14 CFR 39.19. In 
accordance with 14 CFR 39.19, send your request to your principal 
inspector or local Flight Standards District Office, as appropriate. 
If sending information directly to the manager of the applicable FAA 
office, send it to the attention of the person identified in 
paragraph (n).
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(m) Related Information

    (1) For more information about this AD for airplanes covered 
under TCDS A5PC (Model de Havilland DH 82A airplanes built in 
Australia), contact Andrew McAnaul, Aerospace Engineer, FAA, Fort 
Worth ACO, ASW-150 (c/o San Antonio MIDO), 10100 Reunion Place, 
Suite 650, San Antonio, Texas 78216; phone: (210) 308-3365; fax: 
(210) 308-3370; email: andrew.mcanaul@faa.gov.
    (2) For more information about this AD for airplanes covered 
under TCDS A8EU (Model de Havilland DH 82A airplanes built in the 
United Kingdom), contact Fred Guerin, Aerospace Engineer, FAA, Los 
Angeles ACO, 3960 Paramount Blvd., Suite 100, Lakewood, California 
90712; phone (562) 627-5232; fax: (562) 627-5210; email: 
fred.guerin@faa.gov.
    (3) For more information about this AD for airplanes covered 
under TCDS 2-439 (Model de Havilland DH 83 airplanes built in the 
United Kingdom), contact Karl Schletzbaum, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; fax: (816) 329-4090; 
email: karl.schletzbaum@faa.gov

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) British Aerospace Military Aircraft and Aerostructures BAe 
Aircraft Bulletin for De Havilland Moth Aircraft, Document Type and 
Ref No Technical News Sheet CT (Moth) No 29, Issue 3, dated March 1, 
1999.
    (ii) Reserved.
    (3) For British Aerospace Military Aircraft and Aerostructures 
BAe Aircraft Bulletin for De Havilland Moth Aircraft, Technical New 
Sheet CT (Moth) No 29, Issue 3, dated March 1, 1999, service 
information identified in this AD, contact:
    (i) For de Havilland DH 82A airplanes: de Havilland Support Ltd, 
Building 213, Duxford Airfield, Cambridge, United Kingdom CB22 4QR, 
telephone: +44 (0) 1223 830090; fax: +44 (0) 1223 83008; email: 
info@dhsupport.com, Internet: http://www.dhsupport.com/moth.php.
    (ii) For de Havilland DH 83 airplanes: Air Stratus Ltd., Oaksey 
Park Airfield, Oaksey, Malmesbury, Wiltshite, United Kingdom SN 16 
9SD, telephone: +44 (0) 1666 575111; no known Internet address.
    (4) You may view this service information at FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64016. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on August 19, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-20241 Filed 9-2-14; 8:45 am]
BILLING CODE 4910-13-P
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