[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Rules and Regulations]
[Pages 30268-30270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12176]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0235; Directorate Identifier 2010-CE-010-AD;
Amendment 39-16311; AD 2010-11-06]
RIN 2120-AA64
Airworthiness Directives; AeroSpace Technologies of Australia Pty
Ltd Models N22B, N22S, and N24A Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are superseding an existing 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:
The results of full scale fatigue tests being conducted by the
manufacturer have shown the need for inspection of critical fastener
holes in the stub wing upper front spar cap, near the wing strut
attachment.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective July 6, 2010.
On July 6, 2010, 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 the Docket 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: Doug Rudolph, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; fax: (816) 329-4090; e-mail:
[email protected].
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 March 9, 2010 (75 FR
10694), and proposed to supersede AD 97-11-12, Amendment 39-10041 (62
FR 28997, May 29, 1997). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states:
The results of full scale fatigue tests being conducted by the
manufacturer have shown the need for inspection of critical fastener
holes in the stub wing upper front spar cap, near the wing strut
attachment.
Amendment 1 adopts the manufacturer's latest service bulletin.
Its new inspection method avoids having to remove the Huck bolts and
the potential to damage the holes.
You may obtain further information by examining the MCAI in the AD
docket.
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
We estimate that this AD will affect 25 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $4,250, or $170 per product.
In addition, we estimate that any necessary follow-on actions will
take
[[Page 30269]]
about 4 work-hours and require parts costing $2,500, for a cost of
$2,840 per product. We have no way of determining the number of
products that may need these 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 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 removing Amendment 39-10041 (62 FR
28997, May 29, 1997), and adding the following new AD:
2010-11-06 AeroSpace Technologies of Australia Pty Ltd: Amendment
39-16311; Docket No. FAA-2010-0235; Directorate Identifier 2010-CE-
010-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective July 6,
2010.
Affected ADs
(b) This AD supersedes AD 97-11-12, Amendment 39-10041.
Applicability
(c) This AD applies to Models N22B, N22S, and N24A airplanes,
all serial numbers, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
The results of full scale fatigue tests being conducted by the
manufacturer have shown the need for inspection of critical fastener
holes in the stub wing upper front spar cap, near the wing strut
attachment.
Amendment 1 adopts the manufacturer's latest service bulletin.
Its new inspection method avoids having to remove the Huck bolts and
the potential to damage the holes.
Actions and Compliance
(f) Unless already done, do the following actions in accordance
with Nomad Service Bulletin NMD-53-22, dated June 4, 2007:
(1) Within the next 100 hours time-in-service (TIS) after July
6, 2010 (the effective date of this AD), or within the next 90 days
after July 6, 2010 (the effective date of this AD), whichever occurs
first, install an inspection hole in the left-hand and right-hand
stub wing bottom skin.
(2) Before further flight after installing the inspection hole
required in paragraph (f)(1) of this AD, initially inspect the stub
wing front spar cap for cracks. Repetitively thereafter inspect at
intervals not to exceed every 600 hours TIS.
(3) If any crack is found during any inspection required in
paragraph (f)(2) of this AD, before further flight contact Customer
Support Manager, Gippsland Aeronautics Pty Ltd., P.O. Box 881,
MORWELL, Victoria, 3040, Australia; phone: +61 3 5172 1200; fax: +61
3 5172 1201; e-mail: [email protected], for an FAA-approved
repair scheme/modification and incorporate the repair scheme/
modification. Due to FAA policy, the repair scheme/modification for
crack damage must include an immediate repair of the crack. The
repair scheme cannot be by repetitive inspection only. The repair
scheme/modification may incorporate repetitive inspections in
addition to the repetitive inspections required in paragraph (f)(2)
of this AD. Continued operational flight with un-repaired crack
damage is not permitted.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: The MCAI states to follow the service bulletin. The
service bulletin does not specifically call out a corrective action
if cracks are found. The FAA is including specific instruction of
corrective action in the AD.
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: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; 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 Civil Aviation Safety Authority (CASA) AD GAF-
N22-52, Amendment 1, dated January 2010; and
[[Page 30270]]
Nomad Service Bulletin NMD-53-22, dated June 4, 2007, for related
information.
Material Incorporated by Reference
(i) You must use Nomad Service Bulletin NMD-53-22, dated June 4,
2007, 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
Gippsland Aeronautics Pty Ltd., Latrobe Regional Airport, P.O. Box
881, Morwell Victoria, 3840, Australia; phone: +61 3 5172 1200; fax:
+61 3 5172 1201; Internet: www.gippsaero.com.
(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 May 13, 2010.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-12176 Filed 5-28-10; 8:45 am]
BILLING CODE 4910-13-P