AD 2009-12-14

[Federal Register Volume 74, Number 112 (Friday, June 12, 2009)]
[Rules and Regulations]
[Pages 27917-27919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13575]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0323 Directorate Identifier 2009-CE-012-AD; 
Amendment 39-15937; AD 2009-12-14]
RIN 2120-AA64


Airworthiness Directives; Aeromot-Industria Mecanico Metalurgica 
ltda. Model AMT-200 and AMT-300 Series Gliders

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 the 
products listed above. 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:

    It has been found that the coolant liquid EVANS NPG + is a 
flammable fluid. The engine liquid cooling system of the affected 
Aeromot aircrafts is not designed to operate with flammable liquids. 
Therefore, there is an unacceptable engine fire risk associated with 
the use of Evans NPG + fluid.

DATES: This AD becomes effective July 17, 2009.
    On July 17, 2009, the Director of the Federal Register approved the 
incorporation by reference of certain publications listed in this AD.

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 FURTHER INFORMATION CONTACT: Greg Davison, Glider Program Manager, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090.

[[Page 27918]]


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 April 8, 2009 (74 FR 
15894). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found that the coolant liquid EVANS NPG + is a 
flammable fluid. The engine liquid cooling system of the affected 
Aeromot aircrafts is not designed to operate with flammable liquids. 
Therefore, there is an unacceptable engine fire risk associated with 
the use of Evans NPG + fluid.

    The MCAI requires replacement of the EVANS NPG + coolant liquid, 
application of new red lines on the engine cylinder head temperature 
gauge, replacement of the engine radiator cap, and insertion of 
information into the airplane flight manual (AFM). We are issuing this 
AD to require actions to correct the unsafe condition on these 
products.

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 available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This 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 required 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 AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect 55 products of U.S. registry. We also estimate that it will take 
about 1 work-hour per product to comply with the basic requirements of 
this AD. The average labor rate is $80 per work-hour. Required parts 
will cost about $30 per product.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $6,050, or $110 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 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 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 AD and placed it in the AD Docket.

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

0
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:

2009-12-14 Aeromot-Industria Mecanico Metalurgica ltda.: Amendment 
39-15937; Docket No. FAA-2009-0323; Directorate Identifier 2009-CE-
012-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 17, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all serial numbers of the following 
gliders that are certificated in any category:
    (1) Model AMT-100 gliders as modified to Model AMT-200 gliders; 
and
    (2) Models AMT-200, AMT-200S, and AMT-300 gliders.

Subject

    (d) Air Transport Association of America (ATA) Code 73: Engine 
Fuel & Control.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been found that the coolant liquid EVANS NPG + is a 
flammable fluid. The engine liquid cooling system of the affected 
Aeromot aircrafts is not designed to operate with flammable liquids. 
Therefore, there is an unacceptable engine fire risk associated with 
the use of EVANS NPG + fluid.
    Since this condition may occur in other aircraft of the same 
type and affects flight safety, an immediate corrective action is 
required. Thus, sufficient reason exists to request compliance with 
this AD in the indicated time limit without prior notice.
    The MCAI requires replacement of the EVANS NPG + coolant liquid, 
application of new red lines on the engine cylinder head temperature 
gauge, replacement of the engine radiator cap, and insertion of 
information into the airplane flight manual (AFM).

[[Page 27919]]

Actions and Compliance

    (f) Unless already done, do the following actions within the 
next 20 hours time-in-service after July 17, 2009 (the effective 
date of this AD) or within the next 30 days after July 17, 2009 (the 
effective date of this AD), whichever occurs first, following 
AEROMOT Alert Service Bulletin No. 200-71-106, Rev. B, dated 
December 20, 2006; ROTAX Aircraft Engines Mandatory Service Bulletin 
SB-912-043 R2/SB-914-029 R2, dated November 10, 2006; and ROTAX 
Aircraft Engines Service Instruction SI-912-016/SI-914-019, dated 
August 28, 2006:
    (1) Replace the EVANS NPG + cooling liquid with a conventional, 
FAA-approved coolant for the ROTAX 912 and 914 series engines.
    (2) Apply a new red line marking on the engine cylinder head 
temperature gauge at 120 degrees C/248 degrees F.
    (3) Replace the radiator cap part number (P/N) 922075 from the 
affected engines with a new radiator cap P/N 922070.
    (4) Insert into the AFM Limitations section an amendment to 
include the new operation limit of the cylinder head temperature to 
120 degrees C/248 degrees F by inserting a copy of AEROMOT Alert 
Service Bulletin No. 200-71-106, Rev. B, dated December 20, 2006, 
into the AFM, Limitations section, Section 2 on item 2.4, power 
plant, fuel and oil limitations and item 2.5, power plant instrument 
markings.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) 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: Greg Davison, Glider Program Manager, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4130; fax: (816) 329-4090. 
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, 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 2120-0056.

Related Information

    (h) Refer to MCAI ANAC Brazilian Airworthiness Directive AD No. 
2007-01-01, dated January 29, 2007; AEROMOT Alert Service Bulletin 
No. 200-71-106, Rev. B, dated December 20, 2006; ROTAX Aircraft 
Engines Mandatory Service Bulletin SB-912-043 R2/SB-914-029 R2, 
dated November 10, 2006; and ROTAX Aircraft Engines Service 
Instruction SI-912-016/SI-914-019, dated August 28, 2006, for 
related information.

Material Incorporated by Reference

    (i) You must use AEROMOT Alert Service Bulletin No. 200-71-106, 
Rev. B, dated December 20, 2006; ROTAX Aircraft Engines Mandatory 
Service Bulletin SB-912-043 R2/SB-914-029 R2, dated November 10, 
2006; and ROTAX Aircraft Engines Service Instruction SI-912-016/SI-
914-019, dated August 28, 2006, to do the actions required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Aeromot-Industria Mecanico Metalurgica ltda., Av. das Industrias, 
1210-Bairro Anchieta, Caixa Postal 8031, 90 200-290-Porto Alegre-RS-
Brazil; telephone: +55 51 3357 8550; fax: +55 51 3371 1655; 
Internet: http://www.aeromot.com.br.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on June 4, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-13575 Filed 6-11-09; 8:45 am]
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