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[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Proposed Rules]
[Pages 44511-44513]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18461]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0798; Directorate Identifier 2012-CE-023-AD]
RIN 2120-AA64

Airworthiness Directives; Alpha Aviation Concept Limited 
Airplanes

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

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Alpha Aviation Concept Limited Model R2160 Airplanes. This proposed AD 
results 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 possible installation of non-conforming air 
filter elements that are not fitted with metallic mesh and could 
internally collapse resulting in

[[Page 44512]]

disruption of the powerplant operation. We are issuing this proposed AD 
to require actions to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by September 13, 
2012.

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 proposed AD, contact 
Alpha Aviation, 59 Hautapu Road, RD 1, Cambridge 3493, New Zealand; 
telephone: +64 7 827 0528; fax: +64 7 929 2878; Internet: 
www.alphaaviation.co.nz. 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; 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, 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: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090; email: 
karl.schletzbaum@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0798; 
Directorate Identifier 2012-CE-023-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://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.

Discussion

    The Civil Aviation Authority (CAA), which is the aviation authority 
for New Zealand, has issued DCA/R2000/41, dated June 8, 2012 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    This emergency AD with the effective date 11 June 2012 is 
prompted by a report from EASA of finding a non conforming air 
filter fitted to an overseas aircraft during maintenance. 
Investigation revealed that air filters with P/N 57.34.00.010 
supplied by CEAPR between June 2009 and April 2012 may not have the 
metallic mesh inside the filter. This AD mandates an inspection of 
air filters with P/N 57.34.00.010 to determine if a metallic mesh is 
fitted.

Relevant Service Information

    Alpha Aviation has issued Service Bulletin AA-SB-71-006, dated May 
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 Proposed 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 proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Costs of Compliance

    We estimate that this proposed AD will affect 10 products of U.S. 
registry. We also estimate that it would take about .5 work-hour per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $425, or 42.50 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about .5 work-hour and require parts costing $100 for a cost of 
$142.50 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 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.
    For the reasons discussed above, I certify this proposed 
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),
    (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.

[[Page 44513]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 adding the following new AD:

Alpha Aviation Concept Limited: Docket No. FAA-2012-0798; 
Directorate Identifier 2012-CE-023-AD.

(a) Comments Due Date

    We must receive comments by September 13, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Alpha Aviation Concept Limited Model R2160 
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 71, Power Plant.

(e) Reason

    This AD was prompted by reports of possible installation of non-
conforming air filter elements that are not fitted with metallic 
mesh and could internally collapse resulting in disruption of the 
powerplant operation. We are issuing this proposed AD to inspect the 
air filter element and replace if applicable.

 (f) Actions and Compliance

    Unless already done, do the following actions following Alpha 
Aviation Service Bulletin AA-SB-71-006, dated May 2012:
    (1) Within the next 30 days time-in-service (TIS) after the 
effective date of this AD, inspect the air filter part number (P/N) 
57.34.00.010 to determine if it has been fitted with a perforated 
metal liner.
    (2) If, after the inspection required in paragraph (f)(1) of 
this AD, the air filter part number (P/N) 57.34.00.010 is found to 
include the perforated metal liner, no further action is required.
    (3) If, after the inspection required in paragraph (f)(1) of 
this AD, the air filter is found to not contain the perforated metal 
liner, before further flight, replace the air filter with a new air 
filter P/N 57.34.00.010 that does contain the perforated metal 
liner.
    (4) After the effective date of this AD, do not install any air 
filter P/N 57.34.00.010 that does not have the perforated metal 
liner depicted in Alpha Aviation Service Bulletin AA-SB-71-006, 
dated May 2012.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090; 
email: karl.schletzbaum@faa.gov. Before using any approved AMOC on 
any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI DCA/R2000/41 issued by the Civil Aviation 
Authority (CAA), which is the aviation authority for New Zealand, 
dated June 8, 2012; and Alpha Aviation Service Bulletin AA-SB-71-
006, dated May 2012, for related information. For service 
information related to this AD, contact Alpha Aviation, 59 Hautapu 
Road, RD 1, Cambridge 3493, New Zealand; telephone: +64 7 827 0528; 
fax: +64 7 929 2878; Internet: www.alphaaviation.co.nz. 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.

    Issued in Kansas City, Missouri, on July 24, 2012.
James Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-18461 Filed 7-27-12; 8:45 am]
BILLING CODE 4910-13-P
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