Discussion
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No. 2018-0057, dated March 14, 2018 (referred to after this as ``the MCAI''), to correct an unsafe condition for Aircraft Industries a.s. Models L 410 UVP-E20 and L 410 UVP-E20 CARGO airplanes and was based on mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country. The MCAI states:
The investigation results of an L 410 UVP-E20 accident identified that, during final approach, an un-commanded negative thrust mode was activated on the right-hand engine. Pending the investigation results of the accident, as a preliminary measure, EASA issued SIB 2017-21, recommending operators to check the components of engine and propeller control system, including the beta switch, in accordance with the instructions of Revision 1 of AI SB L410UVP-E/492b.
Thiscondition, if not corrected, could lead to reduced or loss of control of an aeroplane.
To address this unsafe condition, AI issued the MB, providing modification instructions, and issued the DB, amending the Aircraft Flight Manual (AFM), providing instructions for the flight crew in case of inadvertent beta range cell activation in flight and introducing instructions for the flight crew to check the function of pitch lock system before each flight.
For the reasons described above, this [EASA] AD requires modification of the electrical testing circuit of the propeller pitch lock system and amendment of the applicable AFM.
EASA SIB 2017-21 has been withdrawn accordingly. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0462.
Related Service Information Under 1 CFR Part 51
Aircraft Industries a.s. has issued LET Aircraft Industries Mandatory Bulletin MB No. L410UVP-E/143a, Revision 2, dated March 7, 2018; and LET Aircraft Industries Documentation Bulletin DB No. L410UVP-E/268d, dated May 9, 2018. Mandatory Bulletin MB No. L410UVP-E/ 143a describes procedures for modifying the electrical circuit of the propeller pitch lock system function test. Documentation Bulletin DB No. L410UVP-E/268d provides instructions for flight crew in case of inadvertent beta range cell activation in flight and instructions for a pre-flight check of the function of the pitch lock system. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.
FAA's Determination and Requirements of the 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 issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because there are no airplanes currently on the U.S. registry and thus, does not have any impact upon the public. Therefore, we find good cause that notice and opportunity for prior public comment are unnecessary. In addition, for the reason(s) stated above, we find that good cause exists for making this amendment effective in less than 30 days.
Difference Between the MCAI and This AD
The MCAI requires the AFM changes in accordance with DB No.: L410UVP-E/247d and DB No.:L410UVP-E/259d, both dated March 3, 2018. These documents only apply to airplanes operated under the European type certificate and do not apply to those airplanes operating under the FAA type certificate. Therefore, Aircraft Industries a.s. developed DB No.: L410UVP-E/268d, dated May 9, 2018, and this AD requires the AFM changes in accordance with this document.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2018-0462; Product Identifier 2018-CE-017-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic,
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environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this 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 AD.
Costs of Compliance
We estimate that this AD will affect 0 products of U.S. registry. We also estimate that it would take about 9 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts would cost about $2,000 per product.
Based on these figures, we estimate the cost of the AD on U.S. operators to be $0 fleet cost, but $2,765 per product if a product is registered on the U.S. registry.
According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate.
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.
This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to small airplanes, gliders, balloons, airships, domestic business jet transport airplanes, and associated appliances to the Director of the Policy and Innovation Division.
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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive Order 12866,
(2) Is not a ``significant rule'' under theDOT Regulatory Policies and 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.