Federal Register, Volume 73 Issue 188 (Friday, September 26, 2008)

[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Proposed Rules]
[Pages 55786-55788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22338]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1020; Directorate Identifier 2008-CE-053-AD]
RIN 2120-AA64

Airworthiness Directives; Vulcanair S.p.A. Model P68 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated 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:

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by October 27,
2008.

ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

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 this proposed AD, 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.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-1020;
Directorate Identifier 2008-CE-053-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the

[[Page 55787]]

closing date and may amend this proposed 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 proposed AD.

Discussion

The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No.: 2007-0027, dated February 5, 2007 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

The Safe Fatigue Limits (SFL) of the Wing Structure in the P68
Series aircraft have been redefined from the current 8,500 Flight
Hours to a new value to be calculated up to a maximum of 17,500
Flight Hours. This has been developed by Vulcanair under Change No.
MOD.P68/79 Rev. 1 and approved by EASA with No. EASA.A.C.02482 on 07
June 2006.
The new Safe Fatigue Limits depend on:
(a) Status of the modification (reinforcement) of the wing
structure itself (Partenavia Service Bulletin No. 65 refers); and
(b) Aircraft Flight Hours accumulated before the modification
(reinforcement) was implemented.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

Vulcanair S.p.A. has issued Service Bulletin No. 120 Rev. 1, dated
June 7, 2006. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed 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 proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Differences Between This Proposed 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 proposed 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 proposed AD.

Costs of Compliance

We estimate that this proposed AD will affect 72 products of U.S.
registry. We also estimate that it would take about 80 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $80 per work-hour.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $460,800, or $6,400 per product.
We have no way of determining the number of products that may need
any necessary follow-on actions.

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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

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. The FAA amends Sec. 39.13 by adding the following new AD:

Vulcanair S.p.A. (Type Certificate No. A31EU formally held by
Partenavia Costruzioni Aeronautiche S.p.A.): Docket No. FAA-2008-
1020; Directorate Identifier 2008-CE-053-AD.

Comments Due Date

(a) We must receive comments by October 27, 2008.

Affected ADs

(b) None.

Applicability

(c) This AD applies to Models P 68, P 68B, P 68C, P 68C-TC, P 68
``OBSERVER,'' AP68TP300 ``SPARTACUS,'' P68TC ``OBSERVER,'' AP68TP
600 ``VIATOR,'' and P68 ``OBSERVER 2'' airplanes; all serial
numbers, certificated in any category.

Subject

(d) Air Transport Association of America (ATA) Code 51: Standard
Practices/Structures.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:

[[Page 55788]]

The new Safe Fatigue Limits depend on:
(1) Status of the modification (reinforcement) of the wing
structure itself (Partenavia Service Bulletin No. 65 refers); and
(2) Aircraft Flight Hours accumulated before the modification
(reinforcement) was implemented.

Actions and Compliance

(f) Unless already done, do the following actions:
(1) For serial numbers 01 through 356, determine the safe
fatigue limit of the wing structure following Vulcanair S.p.A.
Service Bulletin No. 120 Rev. 1, dated June 7, 2006, within 8,500
hours time-in-service (TIS) since new or within 500 hours TIS after
the effective date of this AD, whichever occurs later.
(2) For serial numbers 01 through 356, inspect the wing
structure and the wing to fuselage attachments following Vulcanair
S.p.A. Service Bulletin No. 120 Rev. 1, dated June 7, 2006, within
the safe fatigue limit determined in paragraph (f)(1) of this AD or
within 500 hours TIS after the effective date of this AD, whichever
occurs later. Repetitively thereafter inspect at intervals not to
exceed every 500 hours TIS.
(3) For serial numbers 357 and above, inspect the wing structure
and the wing to fuselage attachments following Vulcanair S.p.A.
Service Bulletin No. 120 Rev. 1, dated June 7, 2006, within 17,500
hours TIS since new or within 500 hours TIS after the effective date
of this AD, whichever occurs later. Repetitively thereafter inspect
at intervals not to exceed every 500 hours TIS.
(4) For all serial numbers, inspect the stabilator following
Vulcanair S.p.A. Service Bulletin No. 120 Rev. 1, dated June 7,
2006, within 8,500 hours TIS since new or within 500 hours TIS after
the effective date of this AD, whichever occurs later. Repetitively
thereafter inspect at intervals not to exceed every 500 hours TIS.
(5) If as a result of any inspection required by paragraphs
(f)(2), (f)(3), or (f)(4) of this AD you find any discrepancies (for
example, cracked or broken parts), do one of the following actions
before further flight:
(i) Repair the airplane following FAA-approved repair
instructions obtained from Vulcanair S.p.A.; or
(ii) Repair the airplane following a repair method approved by
the FAA for this AD. Contact the FAA at the address in paragraph
(g)(1) of this AD for an FAA-approved method.

Note 1: For certain Model P 68 airplanes, AD 85-08-04 requires
repetitive inspections of the front and rear wing spars for cracks
with modification if cracks are found. The modification terminates
the repetitive inspections required in AD 85-08-04 and may be done
regardless if cracks are found. The actions of AD 85-08-08 are
independent of this AD action and remain in effect.

FAA AD Differences

Note 2: This AD differs from the MCAI and/or service information
as follows:
(1) The MCAI is extending the safe fatigue limits of the wing
structure and the wing to fuselage attachments of certain airplanes.
Airplanes registered in the United States did not have safe fatigue
limits established for the wing structure and the wing to fuselage
attachments. This AD is establishing safe fatigue limits for the
wing structure and the wing to fuselage attachments. This AD is also
establishing safe fatigue limits for the stabilator.
(2) The MCAI requires implementation of safe fatigue limits into
the airplane maintenance program (maintenance program). An airplane
registered in the United States and operated under 14 CFR part 91 is
required to have a maintenance program, but not necessarily
following the airplane maintenance manual. This AD requires you to
do specific actions of Vulcanair S.p.A. Service Bulletin No. 120
Rev. 1, dated June 7, 2006, rather than incorporating those actions
into the maintenance program.

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: Sarjapur Nagarajan, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4145; 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 European Aviation Safety Agency AD No.: 2007-
0027, dated February 5, 2007; and Vulcanair S.p.A. Service Bulletin
No. 120 Rev. 1, dated June 7, 2006, for related information.

Issued in Kansas City, Missouri, on September 17, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-22338 Filed 9-25-08; 8:45 am]
BILLING CODE 4910-13-P