[Federal Register Volume 63, Number 70 (Monday, April 13, 1998)] [Proposed Rules] [Pages 17969-17970] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-9585] [[Page 17969]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 97-CE-143-AD] RIN 2120-AA64 Airworthiness Directives; AERMACCHI, S.p.A. Models F.260, F.260B, F.260C, and F.260D Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: This document proposes to adopt a new airworthiness directive (AD) that would apply to certain AERMACCHI, S.p.A. (AERMACCHI) Models F.260, F.260B, F.260C, and F.260D airplanes. The proposed AD would require marking the airspeed indicator to indicate the correct flap operation range and stall speed of the airplane. The proposed AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Italy. The actions specified by the proposed AD are intended to prevent the airplane from stalling at an airspeed higher than designed, which could result in loss of control of the airplane. DATES: Comments must be received on or before May 12, 1998. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 97-CE-143-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Comments may be inspected at this location between 8 a.m. and 4 p.m., Monday through Friday, holidays excepted. Service information that applies to the proposed AD may be obtained from AERMACCHI, Product Support, Via Indipendenza 2, 21018 Sesto Calende (VA), Italy; telephone: +39-331-929117; facsimile: +39-331- 922525. This information also may be examined at the Rules Docket at the address above. FOR FURTHER INFORMATION CONTACT: Mr. David O. Keenan, Project Officer, FAA, Small Airplane Directorate, Aircraft Certification Service, 1201 Walnut, suite 900, Kansas City, Missouri 64106; telephone: (816) 426- 6934; facsimile: (816) 426-2169. SUPPLEMENTARY INFORMATION: Comments Invited Interested persons are invited to participate in the making of the proposed rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed rule. The proposals contained in this notice may be changed in light of the comments received. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed 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 proposal will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket No. 97-CE-143-AD.'' The postcard will be date stamped and returned to the commenter. Availability of NPRMs Any person may obtain a copy of this NPRM by submitting a request to the FAA, Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 97-CE-143-AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Discussion The Registro Aeronautico Italiano (R.A.I.), which is the airworthiness authority for Italy, recently notified the FAA that an unsafe condition may exist on certain AERMACCHI Models F.260, F.260B, F.260C, and F.260D airplanes. The R.A.I. reports that a discrepancy was found in the stall speed of one of these airplanes during a manufacturer's flight test. The flight test resulted in the discovery that the airplane stalls at an airspeed 5 knots higher than is indicated on the airspeed indicator. Specifically, the arc that indicates the stall speed and flap operation range is incorrect. This condition, if not corrected, could result in the airplane stalling at a higher airspeed than designed, which could result in loss of control of the airplane. Relevant Service Information AERMACCHI has issued SIAI Marchetti, Sp.A. Service Bulletin No. 260B54, dated May 28, 1993, which specifies procedures for ensuring the correct stall speed and flap operation range by marking the airspeed indicator with a black arc between the numbers 0 and 63.5. The R.A.I. classified this service bulletin as mandatory and issued Italian AD 93-220, dated July 29, 1993, in order to assure the continued airworthiness of these airplanes in Italy. The FAA's Determination This airplane model is manufactured in Italy and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the R.A.I. has kept the FAA informed of the situation described above. The FAA has examined the findings of the R.A.I.; reviewed all available information, including the service information referenced above; and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. Explanation of the Provisions of the Proposed AD Since an unsafe condition has been identified that is likely to exist or develop in other AERMACCHI Models F.260, F.260B, F.260C, and F.260D airplanes of the same type design registered in the United States, the FAA is proposing AD action. The proposed AD would require marking the airspeed indicator with a black arc to indicate the correct stall speed and flap operation range of the airplane. Accomplishment of the proposed action would be in accordance with SIAI Marchetti S.p.A. Service Bulletin No. 260B54, dated May 28, 1993. Cost Impact The FAA estimates that 60 airplanes in the U.S. registry would be affected by the proposed AD, that it would take approximately 1 workhour per airplane to accomplish the proposed action, and that the average labor rate is approximately $60 an hour. Materials for marking the airspeed indicator can be obtained locally. Based on these figures, the total cost impact of the proposed AD on U.S. operators is estimated to be $3,600 or $60 per airplane. Regulatory Impact The regulations proposed herein would not have substantial direct effects on the States, on the relationship between the national government and [[Page 17970]] 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 proposal would 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) if promulgated, 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 draft regulatory evaluation prepared for this action has been placed 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, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 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. Sec. 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive (AD) to read as follows: AERMACCHI, S.P.A.: Docket No. 97-CE-143-AD. Applicability: Models F.260, F.260B, F.260C, and F.260D airplanes, serial numbers 001 through 848, 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 (c) 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 within the next 100 hours time-in-service (TIS) after the effective date of this AD, unless already accomplished. To prevent stalling the airplane at an airspeed higher than anticipated, which could result in loss of control of the airplane, accomplish the following: (a) Mark the airspeed indicator with a black arc between the numbers 0 and 63.5 in accordance with the Instructions section of SIAI Marchetti S.p.A. Service Bulletin No. 260B54, dated May 28, 1993. (b) 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. (c) An alternative method of compliance or adjustment of the compliance time that provides an equivalent level of safety may be approved by the Manager, Small Airplane Directorate, 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. (d) Questions or technical information related to SIAI Marchetti Service Bulletin No. 260B54, dated May 28, 1993, should be directed to AERMACCHI, Product Support, Via Indipendenza 2, 21018 Sesto Calende (VA), Italy; telephone: +39-331-929117; facsimile: +39-331- 922525. 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. Note 3: The subject of this AD is addressed in Italian AD 93- 220, dated July 29, 1993. Issued in Kansas City, Missouri, on April 3, 1998. Michael Gallagher, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 98-9585 Filed 4-10-98; 8:45 am] BILLING CODE 4910-13-U