[Federal Register Volume 74, Number 66 (Wednesday, April 8, 2009)]
[Proposed Rules]
[Pages 15894-15895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7932]



[[Page 15894]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0323; Directorate Identifier 2009-CE-012-AD]
RIN 2120-AA64


Airworthiness Directives; Aeromot-Industria Mecanico Metalurgica 
ltda. Model AMT-100 Gliders as Modified to AMT-200 and Models AMT-200, 
AMT-200S, and AMT-300 Gliders

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 the 
products listed above. 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:

    It has been found that the coolant liquid EVANS NPG + is a 
flammable fluid. The engine liquid cooling system of the affected 
Aeromot aircrafts is not designed to operate with flammable liquids. 
Therefore, there is an unacceptable engine fire risk associated with 
the use of Evans NPG + fluid.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by May 8, 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, 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: Greg Davison, Glider Program Manager, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090.

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-2009-0323; 
Directorate Identifier 2009-CE-012-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://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.

Discussion

    The Ag[ecirc]ncia Nacional De Avia[ccedil][atilde]o Civil--Brasil 
(ANAC), which is the airworthiness authority for Brazil, has issued 
Brazilian Airworthiness Directive AD No. 2007-01-01, dated January 29, 
2007 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    It has been found that the coolant liquid EVANS NPG + is a 
flammable fluid. The engine liquid cooling system of the affected 
Aeromot aircrafts is not designed to operate with flammable liquids. 
Therefore, there is an unacceptable engine fire risk associated with 
the use of Evans NPG + fluid.
    Since this condition may occur in other aircraft of the same 
type and affects flight safety, an immediate corrective action is 
required. Thus, sufficient reason exists to request compliance with 
this AD in the indicated time limit without prior notice.

The MCAI requires replacement of the EVANS NPG + coolant liquid, 
application of new red lines on the engine cylinder head temperature 
gauge, replacement of the engine radiator cap, and insertion of 
information into the limitations section of the airplane flight manual 
(AFM). You may obtain further information by examining the MCAI in the 
AD docket.

Relevant Service Information

    Aeromot has issued Aeromot Service Bulletin No. 200-71-106, dated 
December 20, 2006. 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.

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 55 products of U.S. 
registry. We also estimate that it would take about 1 work-hour per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $80 per work-hour. Required parts would cost 
about $30 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $6,050, or $110 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I,

[[Page 15895]]

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); 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 and placed it in the AD docket.

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:

Aeromot-Industria Mecanico Metalurgica ltda.: Docket No. FAA-2009-
0323; Directorate Identifier 2009-CE-012-AD.

Comments Due Date

    (a) We must receive comments by May 8, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all serial numbers of the following 
gliders that are certificated in any category:
    (1) Model AMT-100 gliders as modified to Model AMT-200 gliders; 
and
    (2) Models AMT-200, AMT-200S, and AMT-300 gliders.

Subject

    (d) Air Transport Association of America (ATA) Code 73: Engine 
Fuel & Control.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been found that the coolant liquid EVANS NPG + is a 
flammable fluid. The engine liquid cooling system of the affected 
Aeromot aircrafts is not designed to operate with flammable liquids. 
Therefore, there is an unacceptable engine fire risk associated with 
the use of Evans NPG + fluid.
    Since this condition may occur in other aircraft of the same 
type and affects flight safety, an immediate corrective action is 
required. Thus, sufficient reason exists to request compliance with 
this AD in the indicated time limit without prior notice.

The MCAI requires replacement of the EVANS NPG + coolant liquid, 
application of new red lines on the engine cylinder head temperature 
gauge, replacement of the engine radiator cap, and insertion of 
information into the airplane flight manual (AFM).

Actions and Compliance

    (f) Unless already done, do the following actions within the 
next 20 hours time-in-service after the effective date of this AD or 
within the next 30 days after the effective date of this AD, 
whichever occurs first, following Aeromot Alert Service Bulletin No. 
200-71-106, dated December 20, 2006; Service Bulletin Revision 2 
(SB) SB-912-043 R2/SB-914-029 R2, dated November 10, 2006; and ROTAX 
Service Instruction (SI) SI-912-016/SI-914-019, dated August 28, 
2006:
    (1) Replace the EVANS NPG + cooling liquid with a conventional, 
FAA-approved coolant for the ROTAX 912 and 914 series engines.
    (2) Apply a new red line marking on the engine cylinder head 
temperature gauge at 120 [deg] C/248 [deg] F.
    (3) Replace the radiator cap part number (P/N) 922075 from the 
affected engines with a new radiator cap P/N 922070.
    (4) Insert into the airplane flight manual (AFM) Limitations 
section an amendment to include the new operation limit of the 
cylinder head temperature to 120 [deg] C/248 [deg] F by inserting a 
copy of Aeromot Alert Service Bulletin No. 200-71-106, dated 
December 20, 2006, into the AFM, Limitations section, Section 2 on 
item 2.4, power plant, fuel and oil limitations and item 2.5, power 
plant instrument markings.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) 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: Greg Davison, Glider Program Manager, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090. 
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, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI ANAC Brazilian Airworthiness Directive AD No. 
2007-01-01, dated January 29, 2007; AEROMOT Alert Service Bulletin 
No. 200-71-106, dated December 20, 2006; ROTAX Service Bulletin 
Revision 2 SB-912-043 R2/SB-914-029 R2, dated November 10, 2006; and 
ROTAX Service Instruction SI-912-016/SI-914-019, dated August 28, 
2006, for related information.

    Issued in Kansas City, Missouri, on April 2, 2009.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-7932 Filed 4-7-09; 8:45 am]
BILLING CODE 4910-13-P