Airworthiness Directives; Alpha Aviation Concept Limited Airplanes

[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60887-60888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24278]


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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; 
Amendment 39-17208; AD 2012-20-02]
RIN 2120-AA64


Airworthiness Directives; Alpha Aviation Concept Limited 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Alpha 
Aviation Concept Limited Model R2160 Airplanes. This AD results from 
mandatory continuing airworthiness information (MCAI) issued 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 disruption of the powerplant operation. We are 
issuing this AD to require actions to address the unsafe condition on 
these products.

DATES: This AD is effective November 9, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 9, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 
20590.
    For service information identified in 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/publications.shtml. 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.

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: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on July 30, 2012 (77 FR 
44511). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed. We have 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 44511, July 30, 2012) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 44511, July 30, 2012).

Costs of Compliance

    We estimate that this AD will affect 10 products of U.S. registry. 
We also estimate that it will take about .5 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $425, or 42.50 per product.
    In addition, we estimate that any necessary follow-on actions will 
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 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and

[[Page 60888]]

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.

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 the NPRM, 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.

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 AD:

2012-20-02 Alpha Aviation Concept Limited: Amendment 39-17208; 
Docket No. FAA-2012-0798; Directorate Identifier 2012-CE-023-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective November 9, 
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 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 November 
9, 2012 (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 November 9, 2012 (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: [email protected]. 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/publications.shtml. 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.

(i) 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) Alpha Aviation Service Bulletin AA-SB-71-006, dated May 
2012.
    (ii) Reserved.
    (3) For Alpha Aviation service information identified in 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/publications.shtml.
    (4) You may view this service information at 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.
    (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 September 26, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-24278 Filed 10-4-12; 8:45 am]
BILLING CODE 4910-13-P

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