AD 98-09-08

This amendment adopts a new airworthiness directive (AD) that applies to all Avions Pierre Robin (Avions) Model R3000/160 airplanes. This action requires repetitively inspecting the flap control shaft and the welds of the flap levers for cracks; replacing the cracked part, if cracks are found; and adjusting the flap travel, if no cracks are found. Reports of cracked flap control shafts found during routine maintenance prompted this action. The actions specified by this AD are intended to prevent cracks on the flap control shaft and around the welds of the flap levers, which, if not detected and corrected, could result in loss of airplane control during flight.

Final rule; request for comments.

98-09-08 AVIONS PIERRE ROBIN: Amendment 39-10488; Docket No. 97-CE-97-AD.

Applicability: Model R3000/160 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 (d) 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 prevent cracks on the flap control shaft and around the welds of the flap levers, which, if not detected and corrected, could result in loss of airplane control during flight, accomplish the following:

(a) Prior to further flight, inspect the flap control shaft and the welds on the flap levers for cracks in accordance with the Accomplishment Instructions section in Avions Pierre Robin (Avions) Service Bulletin (SB) No. 141, Rev. 1, dated November 6, 1995.

(1) If cracks are found, replace the cracked part in accordance with the Accomplishment Instructions section in Avions SB No. 141, Rev. 1, dated November 6, 1995.

(2) If no cracks are found, check the flap travel, and adjust if necessary, in accordance with the Accomplishment Instructions section in Avions SB No. 141, Rev. 1, dated November 6, 1995.

(b) At intervals not to exceed 500 hours time-in-service (TIS) after the inspection required in paragraph (a) of this AD, repeat paragraphs (a), and (a)(1) and (a)(2) of this, if applicable.

(c) 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.

(d) An alternative method of compliance or adjustment of the initial or repetitive compliance times that provides an equivalent level of safety may be approved by the Manager, Small Airplane Directorate, Aircraft Certification Service, 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.

(e) Questions or technical information related to the Avions Pierre Robin Service Bulletin No. 141, Rev. 1, dated November 6, 1995, 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.

(f) The inspections and replacements required by this AD shall be done in accordance with Avions Pierre Robin Service Bulletin No. 141, Rev. 1, dated November 6, 1995. 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 96-285(A), dated December 4, 1996.

(g) This amendment becomes effective on May 22, 1998.

Discussion
The Direction Generale De L Aviation Civile (DGAC), which is the airworthiness authority for France, recently notified the FAA that an unsafe condition may exist on all Avions Model R3000/160 airplanes. The DGAC reports that cracks were found on the flap control shaft during routine maintenance. These inspections also revealed cracks around the welding of the lever on the flap actuator. The DGAC investigation revealed that the cracks may be occurring because of fatigued welds.

Relevant Service Information
Avions has issued service bulletin (SB) No. 141, Rev. 1, dated November 6, 1995, which specifies procedures for repetitively inspecting the flap control shaft and the welds of the flap levers for cracks; replacing the cracked part, if cracks are found; and adjusting the flap travel, if no cracks are found.

The FAA's Determination
After examining the circumstances and reviewing all available information related to the incidents described above, including the relevant service information, the FAA has determined that AD action should be taken to prevent cracks on the flap control shaft and around the welds of the flap levers, which, if not detected and corrected, could result in loss of airplane control during flight.

Explanation of the Provisions of the AD
Since an unsafe condition has been identified that is likely to exist or develop in other Avions Model R3000/160 airplanes of the same type design, this AD requires repetitively inspecting the flap control shaft and the welds of the flap levers for cracks; replacing the cracked part, if cracks are found; and adjusting the flap travel, if no cracks are found. The actions are to be done in accordance with the Accomplishment Instructions in Avions Service Bulletin No. 141, Rev. 1, dated November 6, 1995.

Cost Impact
None of the Avions Model R3000/160 airplanes affected by this action are on the U.S. Register. All airplanes included in the applicability of this rule currently are operated by non-U.S. operators under foreign registry; therefore, they are not directly affected by this AD action. However, the FAA considers this rule necessary to ensure that the unsafe condition is addressed in the event that any of these subject airplanes are imported and placed on the U.S. Register.

Should an affected airplane be imported and placed on the U.S. Register, accomplishment of the required replacement would take approximately 9 workhours at an average labor charge of $60 per workhour. Parts cost approximately $300 per airplane. Based on these figures, the total cost impact of this AD would be $840 per airplane that would become registered in the United States.

The Effective Date of This AD
Since this AD action does not affect any airplane that is currently on the U.S. register, it has no adverse economic impact and imposes no additional burden on any person. Therefore, notice and public procedures hereon are unnecessary and the amendment may be made effective in less than 30 days after publication in the Federal Register.

Comments Invited
Although this action is in the form of a final rule and was not preceded by notice and opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified under the caption "ADDRESSES." All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.

Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket No. 97-CE-97-AD." The postcard will be date stamped and returned to the commenter.

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 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. 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 FederalAviation 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: