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CFR Citation: 14 CFR Part 39

Docket ID: [Docket No. FAA-2007-0249; Directorate Identifier 2007-CE-088-AD]

RIN ID: RIN 2120-AA64

NOTICE: PROPOSED RULES

ACTION: Airworthiness directives:

DOCUMENT ACTION: Notice of proposed rulemaking (NPRM).

SUBJECT CATEGORY: Airworthiness Directives; Alpha Aviation Design Limited Model R2160 Airplanes

DATES: We must receive comments on this proposed AD by December 27, 2007.

DOCUMENT SUMMARY: We propose to adopt a new airworthiness directive (AD) for the products listed above that would supersede an existing AD. 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 distortion of the rudder bars due to rudder control forces during aerobatic operation and nose wheel steering reaction forces. Rudder bar distortion could result in reduced control or loss of control. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.

SUMMARY: Alpha Aviation Design Ltd.,

SUPPLEMENTAL INFORMATION

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. FAA20070249; Directorate Identifier 2007CE088AD'' 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
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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

In 1987, we issued AD 870801, Amendment 395601, and in 1999, we issued AD 990104, Amendment 3910971. Those two ADs required actions intended to address an unsafe condition on the products listed above.

We since determined that it is necessary to expand the airplane applicability of AD 990104 to require rudder bar replacement on Alpha Aviation Design Limited Model R2160 airplanes, serial numbers 1 through 378. The requirement to replace the rudder bars makes the inspection requirement of AD 870801 no longer necessary.

The Civil Aviation Authority, which is the aviation authority for New Zealand, has issued AD DCA/R2000/23B, dated October 25, 2007 (referred to after this as ``the MCAI''), to correct an unsafe condition for the specified products. The MCAI states that rudder control forces during aerobatic operation and nose wheel steering reaction forces may cause rudder bar distortion. Rudder bar distortion could result in reduced control or loss of control.

The MCAI requires you to replace the left and right rudder bars with reinforced rudder bars.

You may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

Alpha Aviation has issued Service Bulletin AASB27003, dated October 19, 2007. 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

Based on the service information, we estimate that this proposed AD would affect about 9 products of U.S. registry. We also estimate that it would take about 3 workhours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per workhour. Required parts would cost about $657 per product.

Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $8,073, or $897 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, 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, 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 39AIRWORTHINESS 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 removing Amendment 395601 and Amendment 3910971, and adding the following new AD:
Alpha Aviation Design Limited: Docket No. FAA20070249; Directorate Identifier 2007CE088AD.
Comments Due Date
(a) We must receive comments by December 27, 2007.
Affected ADs
(b) This AD supersedes AD 870801, Amendment 395601; and AD 990104, Amendment 3910971.
Applicability
(c) This AD applies to Model R2160 airplanes, serial numbers 1 through 378, that:
(1) Are certificated in any category; and
(2) Have not installed the improved design rudder bars part number (P/N) 27.40.31.010 and P/N 27.40.31.020 following either Avions Pierre Robin Service Bulletin No. 143, dated September 8, 1995, or Alpha Aviation Service Bulletin AASB27003, dated October 19, 2007.
Subject
(d) Air Transport Association of America (ATA) Code 27: Flight Controls.
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Reason
(e) The mandatory continuing airworthiness information (MCAI) states that rudder control forces during aerobatic operation and nose wheel steering reaction forces may cause rudder bar distortion. Rudder bar distortion could result in reduced or loss of control. The MCAI requires you to replace the left and right rudder bars with reinforced rudder bars.
Restatement of Requirements of AD 990104
(f) For airplanes with serial numbers 250 through 378: Unless already done, within the next 50 hours timeinservice (TIS) after March 12, 1999 (the effective date of AD 990104) replace the left and right rudder bars, part number (P/N) 27.23.01.010 (left) and P/N 27.23.01.020 (right), with the reinforced rudder bars, P/N 27.40.31.010 (left) and P/N 27.40.31.020 (right) or FAAequivalent part numbers, following Alpha Aviation Service Bulletin AASB27 003, dated October 19, 2007.
New Requirements of This AD: Actions and Compliance
(g) For airplanes with serial numbers 1 through 249: Unless already done, within the next 50 hours TIS after the effective date of this AD or within the next 3 months after the effective date of this AD, whichever occurs first, replace the left and right rudder bars, P/N 27.23.05.010 (left) and P/N 27.23.05.020 (right), with the reinforced rudder bars, P/N 27.40.31.010 (left) and P/N 27.40.31.020 (right) or FAAequivalent part numbers, following Alpha Aviation Service Bulletin AASB27003, dated October 19, 2007.

FAA AD Differences

Note: This AD differs from the MCAI and/or service information as follows: No differences.
Other FAA AD Provisions
(h) 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) 3294146; fax: (816) 3294090. 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 FAAapproved. Corrective actions are considered FAAapproved 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 21200056.
Related Information
(i) Refer to New Zealand Civil Aviation Authority AD DCA/R2000/ 23B, dated October 25, 2007; and Alpha Aviation Service Bulletin AA SB27003, dated October 19, 2007, for related information.

Issued in Kansas City, Missouri, on November 20, 2007. Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E723017 Filed 112607; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 3294146; fax: (816) 3294090.