AD 99-07-20

This amendment adopts a new airworthiness directive (AD) that applies to all Avions Pierre Robin Model R2160 airplanes. This AD requires repetitively inspecting the vertical stabilizer spar in the area of the lower fitting of the rudder for cracks, loose rivets, or spar web distortion; and modifying the vertical stabilizer spar either immediately or at a certain time period depending on whether discrepancies are found during the inspections. This AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for France. The actions specified by this AD are intended to detect defects (cracks, loose rivets, or spar web distortion) in the vertical stabilizer spar, which could result in structural failure of the vertical stabilizer with possible reduced or loss of control of the airplane.

Final rule.

99-07-20 AVIONS PIERRE ROBIN: Amendment 39-11104; Docket No. 98-CE-82-AD.

Applicability: Model R2160 airplanes, all serial numbers, certificated in any category.

NOTE 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (f) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.

Compliance: Required as indicated in the body of this AD, unless already accomplished.

To detect defects (cracks, loose rivets, or spar web distortion) in the vertical stabilizer spar, which could result in structural failure of the vertical stabilizer with possible reduced or loss of control of the airplane, accomplish the following:

(a) Within the next 50 hours time-in-service (TIS) after the effective date of this AD, and thereafter at intervals not to exceed 100 hours TIS until the modification required by paragraph (b) of this AD is incorporated, inspect the vertical stabilizer spar in the area of the lower fitting of the rudder for cracks, loose rivets, or spar web distortion. Accomplish this inspection in accordance with the instructions in Avions Pierre Robin Service Bulletin No. 120, dated September 27, 1990.

(b) At whichever of the compliance times in paragraphs (b)(1) and (b)(2) of this AD that occurs first, modify the vertical stabilizer spar by incorporating Avions Pierre Robin Kit No. 97.40.03 in accordance with the instructions to this kit, as specified in Avions Pierre Robin Service Bulletin No. 120, dated September 27, 1990.

(1) Prior to further flight if cracks, loose rivets, or spar web distortion are/is found during any inspection required by paragraph (a) of this AD; or

(2) Within the next 12 calendar months after the effective date of this AD.

(c) Modifying the vertical stabilizer spar as specified in paragraph (b) of this AD is considered terminating action for the repetitive inspection requirement of this AD.

(d) As of the effective date of this AD, no person may install, on any affected airplane, a vertical stabilizer spar that has not been modified as specified in paragraph (b) of this AD.

(e) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.

(f) An alternative method of compliance or adjustment of the compliance times that provides an equivalent level of safety may be used if approved by the Manager, Small Airplane Directorate, FAA, 1201 Walnut, suite 900, Kansas City, Missouri 64106. The request shall be forwarded through an appropriate FAA Maintenance Inspector, who may add comments and then send it to the Manager, Small Airplane Directorate.

NOTE 2: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Small Airplane Directorate.

(g) Questions or technical information related to the service information referenced in this AD should be directed to Avions Pierre Robin, 1 route de Troyes 21121 Darois, France; telephone: 03.80.44.20.50; facsimile: 03.80.35.60.80. This service information may be examined at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

(h) The inspection required by this AD shall be done in accordance with Avions Pierre Robin Service Bulletin No. 120, dated September 27, 1990. The modification required by this AD shall be done in accordance with the instructions to Avions Pierre Robin Kit No. 97.40.03 as referenced in Avions Pierre Robin Service Bulletin No. 120, dated September 27, 1990. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Avions Pierre Robin, 1 route de Troyes 21121 Darois, France. Copies may be inspected at the FAA, Central Region, Office of the Regional Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC.

NOTE 3: The subject of this AD is addressed in French AD 90-224(A), dated December 12, 1990.

(i) This amendment becomes effective on May 17, 1999.

Events Leading to the Issuance of This AD
A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all Avions Pierre Robin Model R2160 airplanes was published in the Federal Register as a notice of proposed rulemaking (NPRM) on January 19, 1999 (64 FR 2863). The NPRM proposed to require repetitively inspecting the vertical stabilizer spar in the area of the lower fitting of the rudder for cracks, loose rivets, or spar web distortion; and modifying the vertical stabilizer spar either immediately or at a certain time period depending on whether discrepancies are found during the inspections.

Accomplishment of the proposed inspections as specified in the NPRM would be required in accordance with Avions Pierre Robin Service Bulletin No. 120, dated September 27, 1990. Accomplishment of the proposed modification as specified in the NPRM would be required in accordance with the instructions included with Avions Pierre Robin Kit No. 97.40.03, as specified in Avions Pierre Robin Service Bulletin No. 120, dated September 27, 1990.

The NPRM was the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for France.

Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposed rule or the FAA's determination of the cost to the public.

The FAA's Determination
After careful review of all available information related to the subject presented above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial corrections. The FAA has determined that these minor corrections will not change the meaning of the AD and will not add any additional burden upon the public than was already proposed.

Cost Impact
The FAA estimates that 10 airplanes in the U.S. registry will beaffected by this AD, that it will take approximately 20 workhours per airplane to accomplish this action, and that the average labor rate is approximately $60 an hour. Parts cost approximately $100 per airplane. Based on these figures, the total cost impact of this AD on U.S. operators is estimated to be $13,000, or $1,300 per airplane.

Regulatory Impact
The regulations adopted herein will not have substantial direct effects 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. Therefore, in accordance with Executive Order 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

For the reasons discussed above, I certify that this action (1) is not a "significant regulatory action" under Executive Order 12866; (2) is not a "significant rule" under DOT RegulatoryPolicies 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. A copy of the final evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption "ADDRESSES".

List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows: