[Federal Register: October 19, 2006 (Volume 71, Number 202)]
[Rules and Regulations]
[Page 61636-61639]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc06-3]
[[Page 61636]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-25928; Directorate Identifier 2006-CE-53-AD;
Amendment 39-14797; AD 2006-21-12]
RIN 2120-AA64
Airworthiness Directives; AeroSpace Technologies of Australia Pty
Ltd. Models N22B, N22S, and N24A Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) to
supersede AD 2003-22-13, which applies to all AeroSpace Technologies of
Australia Pty Ltd. (ASTA) Models N22B and N24A airplanes. AD 2003-22-13
currently requires you to visually inspect the ailerons for damage and
replace if necessary; adjust the engine power levers aural warning
microswitches; set flap extension and flap down operation limitations;
and fabricate and install cockpit flap extension and flap down
operation restriction placards. This AD results from mandatory
continuing airworthiness information (MCAI) issued by the airworthiness
authority for Australia. The FAA inadvertently omitted Model N22S
airplanes from the applicability of AD 2003-22-13. Therefore, this AD
retains the actions exactly as required in AD 2003-22-13 and adds Model
N22S airplanes to the Applicability section. We are issuing this AD to
prevent failure of the aileron due to undetected pre-existing aileron
damage and airplane operation outside of the approved limits. Aileron
failure could lead to reduced or loss of control of the airplane.
DATES: This AD becomes effective on November 8, 2006.
As of November 8, 2006, the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in the regulation.
We must receive any comments on this AD by November 20, 2006.
ADDRESSES: Use one of the following to comment on this AD:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
To get the service information identified in this AD, contact Nomad
Operations, Aerospace Support Division, Boeing Australia, PO Box 767,
Brisbane, QLD 4000 Australia; telephone 61 7 3306 3366; fax 61 7 3306
3111.
To view the comments to this AD, go to http://dms.dot.gov. The
docket number is FAA-2006-25928; Directorate Identifier 2006-CE-53-AD.
FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
The Civil Aviation Safety Authority (CASA), which is the
airworthiness authority for Australia, reported several incidents of
ailerons incurring damage during flight. Extensive tests and analysis
revealed the cause of the damage to the ailerons resulted from
operation outside approved limits and undetected pre-existing damage.
The CASA lowered the operational limits of the affected airplanes
in order to prevent damage from occurring. Additional reports of
aileron flutter were received even when operating within these lower
approved limits. As a precautionary measure, the CASA further
restricted flight operations by issuing Australian AD Number AD/GAF-
N22/69, Amendment 4, dated February 27, 2003.
This situation prompted us to issue AD 2003-22-13, Amendment 39-
13361 (68 FR 64270, November 13, 2003). AD 2003-22-13 currently
requires the following on all ASTA Models N22B and N24A airplanes:
--Visually inspecting the ailerons for damage and replacing if
necessary;
--Adjusting the engine power levers aural warning microswitches;
--Setting flap extension and flap down operation limitations; and
--Fabricating and installing cockpit flap extension and flap down
operation restriction placards.
Since we issued AD 2003-22-13, the CASA issued Australian AD Number
AD/GAF-N22/69, Amendment 5, issued September 14, 2006, effective on
October 26, 2006. That AD clarifies that N22 series and Model N24S
airplanes with float/amphibian configuration are included in the
Applicability section of their AD.
Upon reviewing Amendment 5 of the CASA AD to ensure N22 series and
Model N24S airplanes with float/amphibian configuration were included
in the Applicability section of AD 2003-22-13, we realized that we
inadvertently omitted Model N22S airplanes from the Applicability
section.
Models N22B and N24A airplanes with float/amphibian configuration
were affected by AD 2003-22-13 because we included all serial numbers
in the Applicability section.
This condition, if not corrected, could result in aileron failure.
Such failure could lead to reduced or loss of control of the airplane.
Relevant Service Information
We reviewed Nomad Alert Service Bulletin ANMD-57-18, Rev 1, dated
August 14, 2006. The service information describes procedures for:
--Adjusting the engine power levers aural warning microswitches;
--Setting flap extension and flap down operation limitations; and
--Fabricating and installing cockpit flap extension and flap down
operation restriction placards.
FAA's Determination and Requirements of This AD
These ASTA Models N22B, N22S, and N24A airplanes are manufactured
in Australia and are type-certificated for operation in the United
States under the provisions of Sec. 21.29 of the Federal Aviation
Regulations (14 CFR 21.29) and the applicable bilateral airworthiness
agreement.
Under this bilateral airworthiness agreement, the CASA has kept us
informed of the situation described above. We are issuing this AD
because we evaluated all the information and determined the unsafe
condition described previously is likely to exist or develop on other
products of the same type design. This AD supersedes AD 2003-22-13 with
a new AD that retains the actions exactly as required in AD 2003-22-13,
adds Model N22S airplanes to the Applicability section, and clarifies
applicability to airplanes with float/amphibian configuration.
In preparing this rule, we contacted type clubs and aircraft
operators to get technical information and information on operational
and economic impacts. We did not receive any information through these
contacts. If received, we
[[Page 61637]]
would have included a discussion of any information that may have
influenced this action in the rulemaking docket.
FAA's Determination of the Effective Date
Since an unsafe condition exists that requires the immediate
adoption of this AD, we determined that notice and opportunity for
public comment before issuing this AD are impracticable, and that good
cause exists for making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and an opportunity for
public comment. We invite you to send any written relevant data, views,
or arguments regarding this AD. Send your comments to an address listed
under the ADDRESSES section. Include the docket number ``FAA-2006-
25928; Directorate Identifier 2006-CE-53-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the AD in light
of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact we
receive concerning this AD.
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 AD.
Regulatory Findings
We have 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 the 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 that contains the AD, the regulatory
evaluation, any comments received, and other information on the
Internet at http://dms.dot.gov; or in person at the Docket Management
Facility between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The Docket Office (telephone (800) 647-5227) is
located at the street address stated 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 proposes to amend 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 removing Airworthiness Directive (AD)
2003-22-13, Amendment 39-13361 (68 FR 64270, November 13, 2003) and
adding the following new AD:
2006-21-12 AeroSpace Technologies of Australia Pty Ltd.: Amendment
39-14797; Docket No. FAA-2006-25928; Directorate Identifier 2006-CE-
53-AD.
Effective Date
(a) This AD becomes effective on November 8, 2006.
Affected ADs
(b) Supersedes AD 2003-22-13, Amendment 39-13361.
Applicability
(c) This AD affects Models N22B, N22S, and N24A airplanes, all
serial numbers including airplanes with float/amphibian
configuration, that are certificated in any category.
Unsafe Condition
(d) This AD is the result of mandatory continuing airworthiness
information (MCAI) issued by the airworthiness authority for
Australia. We are issuing this AD to prevent failure of the aileron
due to undetected pre-existing aileron damage and airplane operation
outside of the approved limits. Aileron failure could lead to
reduced or loss of control of the airplane.
Compliance
(e) To address this problem, you must do the following:
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Actions Compliance Procedures
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(1) Visually inspect the (i) For Models N22B Following the
left-hand and right-hand and N24A airplanes applicable
ailerons for damage (i.e., (airplanes maintenance manual.
distortion, bending, impact previously affected
marks). Repair or replace by AD 2003-22-13):
any damaged aileron found. Inspect within the
next 50 hours time-
in-service (TIS)
after December 23,
2003 (the effective
date of AD 2003-22-
13), unless already
done.
(ii) For Model N22S
airplanes
(airplanes not
previously affected
by AD 2003-22-13):
Inspect within the
next 10 hours TIS
or 30 days,
whichever occurs
first, after the
effective date of
this AD, unless
already done.
[[Page 61638]]
(iii) For all
affected airplanes:
Repair or replace
before further
flight after the
inspection.
(2) Adjust the engine power (i) For Models N22B Following Nomad
lever actuated landing gear and N24A airplanes Alert Service
``up'' aural warning (airplanes Bulletin ANMD-57-
microswitches and then previously affected 18, Rev 1, dated
perform a ground test. If by AD 2003-22-13): August 14, 2006,
deficiencies are detected Within the next 50 and the applicable
during the ground test, hours TIS after maintenance manual.
make the necessary December 23, 2003
adjustments. (the effective date
of AD 2003-22-13),
unless already done
following Nomad
Alert Service
Bulletin ANMD-57-
18, dated December
19, 2002.
(ii) For Model N22S
airplanes
(airplanes not
previously affected
by AD 2003-22-13):
Within the next 10
hours TIS or 30
days, whichever
occurs first, after
the effective date
of this AD, unless
already done.
(3) For Model N22B Within the next 50 Following Nomad
airplanes: hours TIS after Alert Service
(i) Fabricate placards that December 23, 2003 Bulletin ANMD-57-
incorporate the following (the effective date 18, Rev 1, dated
words (using at least \1/8\- of AD 2003-22-13), August 14, 2006. To
inch letters) and install unless already done show compliance
these placards on the following Nomad with paragraphs
instrument panel within the Alert Service (e)(3)(ii)(A) and
pilot's clear view: Bulletin ANMD-57- (e)(3)(ii)(B) of
(A) ``RECOMMENDED APPROACH 18, dated December this AD, a copy of
FLAPS 10 OR 20 DEG AT 90 19, 2002. this AD may be
KIAS''; inserted into the
(B) ``USE 10[deg] OR 20[deg] Limitations section
FLAP FOR TAKE-OFF AND of the AFM. The
LANDING--WARNING--DO NOT owner/operator
EXCEED 20[deg] FLAP holding at least a
EXTENSION DURING FLIGHT, private pilot
LANDING GEAR UP WARNING certificate as
WILL INITIATE FOR A TORQUE authorized by
PRESSURE OF LESS THAN 30 section 43.7 of the
PSI''; and Federal Aviation
(ii) Incorporate the Regulations (14 CFR
following information into 43.7) may do the
the Limitations section of AFM insertion and
the Airplane Flight Manual the placard
(AFM): requirements of
(A) Limit the maximum flap paragraphs
extension to 20 degrees; (e)(3)(i)(A) and
and (e)(3)(i)(B) of
(B) Limit flaps down this AD. Make an
operations for landing to entry into the
10[deg] or 20[deg] flap. aircraft records
showing compliance
with these portions
of the AD following
section 43.9 of the
Federal Aviation
Regulations (14 CFR
43.9).
(4) For Model N22S Within the next 10 Following Nomad
airplanes: hours TIS or 30 Alert Service
(i) Fabricate a placard that days, whichever Bulletin ANMD-57-
incorporates the following occurs first, after 18, Rev 1, dated
words (using at least \1/8\- the effective date August 14, 2006. To
inch letters) and install of this AD, unless show compliance
this placard on the already done. with paragraphs
instrument panel within the (e)(4)(ii)(A) and
pilot's clear view: ``USE (e)(4)(ii)(B) of
10[deg] FLAP FOR TAKE-OFF this AD, a copy of
AND LANDING--WARNING--DO this AD may be
NOT EXCEED 10[deg] FLAP inserted into the
EXTENSION DURING FLIGHT, Limitations section
LANDING GEAR UP WARNING of the AFM. The
WILL INITIATE FOR A TORQUE owner/operator
PRESSURE OF LESS THAN 30 holding at least a
PSI''; and private pilot
(ii) Incorporate the certificate as
following information into authorized by
the Limitations section of section 43.7 of the
the AFM: Federal Aviation
(A) Limit the maximum flap Regulations (14 CFR
extension to 10 degrees; 43.7) may do the
and AFM insertion and
(B) Limit flaps down the placard
operations for landing to requirement of
10[deg] flap. paragraph (e)(4)(i)
of this AD. Make an
entry into the
aircraft records
showing compliance
with these portions
of the AD following
section 43.9 of the
Federal Aviation
Regulations (14 CFR
43.9).
[[Page 61639]]
(5) For Model N24A Within the next 50 Following Nomad
airplanes: hours TIS after Alert Service
(i) Fabricate a placard that December 23, 2003 Bulletin ANMD-57-
incorporates the following (the effective date 18, Rev 1, dated
words (using at least \1/8\- of AD 2003-22-13), August 14, 2006. To
inch letters) and install unless already done show compliance
this placard on the following Nomad with paragraphs
instrument panel within the Alert Service (e)(5)(ii)(A) and
pilot's clear view: ``USE Bulletin ANMD-57- (e)(5)(ii)(B) of
10[deg] FLAP FOR TAKE-OFF 18, dated December this AD, a copy of
AND LANDING--WARNING--DO 19, 2002. this AD may be
NOT EXCEED 10[deg] FLAP inserted into the
EXTENSION DURING FLIGHT, Limitations section
LANDING GEAR UP WARNING of the AFM. The
WILL INITIATE FOR A TORQUE owner/operator
PRESSURE OF LESS THAN 30 holding at least a
PSI''; and private pilot
(ii) Incorporate the certificate as
following information into authorized by
the Limitations section of section 43.7 of the
the AFM: Federal Aviation
(A) Limit the maximum flap Regulations (14 CFR
extension to 10 degrees; 43.7) may do the
and AFM insertion and
(B) Limit flaps down the placard
operations for landing to requirement of
10[deg] flap. paragraph (e)(5)(i)
of this AD. Make an
entry into the
aircraft records
showing compliance
with these portions
of the AD following
section 43.9 of the
Federal Aviation
Regulations (14 CFR
43.9).
------------------------------------------------------------------------
Alternative Methods of Compliance (AMOCs)
(f) The Manager, Standards Staff, FAA, ATTN: Doug Rudolph,
Aerospace Engineer, Small Airplane Directorate, 901 Locust, Room
301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax:
(816) 329-4090, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19.
(g) AMOCs approved for AD 2003-22-13 are not approved for this
AD.
Related Information
(h) This AD relates to Australian AD/GAF-N22/69, Amendment 5,
dated September 14, 2006, which references Nomad Alert Service
Bulletin ANMD-57-18, Rev 1, dated August 14, 2006.
Material Incorporated by Reference
(i) You must use Nomad Alert Service Bulletin ANMD-57-18, Rev 1,
dated August 14, 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 Nomad
Operations, Aerospace Support Division, Boeing Australia, PO Box
767, Brisbane, QLD 4000 Australia; telephone 61 7 3306 3366; fax 61
7 3306 3111.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or 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/[fxsp0]federal--
register/[fxsp0]code--of--federal--regulations/[fxsp0]ibr--
locations.html.
Issued in Kansas City, Missouri, on October 13, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-17425 Filed 10-18-06; 8:45 am]
BILLING CODE 4910-13-P