15894 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Proposed Rules 

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; AeromotIndustria 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). 

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: 

• 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. 

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 Ageˆncia Nacional De Aviac ̧a ̃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, 


rwilkins on PROD1PC63 with PROPOSALS-1
Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Proposed Rules 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. 

§ 39.13 [Amended] 

2. The FAA amends § 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-inservice 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 


rwilkins on PROD1PC63 with PROPOSALS-1