[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Rules and Regulations]
[Pages 78599-78601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31429]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-1021; Directorate Identifier 2010-CE-053-AD;
Amendment 39-16541; AD 2010-26-02]
RIN 2120-AA64
Airworthiness Directives; Pacific Aerospace Limited Model FU24-
954 and FU24A-954 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
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:
To prevent possible in-flight failure of the vertical
stabiliser, leading to loss of control of the aircraft * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective January 20, 2011.
On January 20, 2011, 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 service information identified in this AD, contact Pacific
Aerospace Limited, Hamilton Airport, Private Bag HN3027, Hamilton, New
Zealand; telephone: +(64) 7-843-6144; fax +(64) 7-843-6134; e-mail:
[email protected]. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call 816-329-4148.
FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090.
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 October 13, 2010 (75
FR 62716), and proposed to supersede AD 2004-03-29, Amendment 39-13473
(69 FR 6553; February 11, 2004) and AD 2008-14-12, Amendment 39-15607
(73 FR 40951; July 17, 2008). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states that:
To prevent possible in-flight failure of the vertical
stabiliser, leading to loss of control of the aircraft * * *
Replace the vertical stabiliser with P/N 08-32005-2 by
accomplishing modification PAC/FU/0345 in accordance with the
instructions in Pacific Aerospace Limited Mandatory SB No. PACSB/FU/
094 issue 1 dated 14 August 2008 * * *
The MCAI requires replacement of the vertical stabilizer with a new
design that incorporates a forward spar and is a failsafe structure.
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 3 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 $85 per work-hour.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $255 or $85 per product.
In addition, we estimate that it would take about 10.5 work-hours
and require parts costing $14,375 to comply with the replacement
requirements of this proposed AD.
Based on these figures, we estimate the replacement cost of this AD
to the U.S. operators to be $45,802.50, or $15,267.50 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
[[Page 78600]]
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 Amendments 39-13473 (69 FR
6553; February 11, 2004) and 39-15607 (73 FR 40951; July 17, 2008), and
adding the following new AD:
2010-26-02 Pacific Aerospace Limited: Amendment 39-16541; Docket No.
FAA-2010-1021; Directorate Identifier 2010-CE-053-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective January
20, 2011.
Affected ADs
(b) This AD supersedes AD 2004-03-29, Amendment 39-13473 and AD
2008-14-12, Amendment 39-15607.
Applicability
(c) This AD applies to Pacific Aerospace Limited FU24-954 and
FU24A-954 airplanes, all serial numbers, certificated in any
category.
Subject
(d) Air Transport Association of America (ATA) Code 55:
Stabilizers.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
To prevent possible in-flight failure of the vertical
stabiliser, leading to loss of control of the aircraft * * *
Replace the vertical stabiliser with P/N 08-32005-2 by
accomplishing modification PAC/FU/0345 in accordance with the
instructions in Pacific Aerospace Limited Mandatory SB No. PACSB/FU/
094 issue 1 dated 14 August 2008 * * *
The MCAI requires replacement of the vertical stabilizer with a new
design that incorporates a forward spar and is a failsafe structure.
Actions and Compliance
(f) For airplanes that have not been modified by installation of
vertical stabilizer part number (P/N) 08-32005-2, do the following
actions:
(1) As of August 21, 2008 (the effective date retained from AD
2008-14-12), before the first flight of each day, visually inspect
the vertical stabilizer leading edge skin and fin for any cracking,
corrosion, scratches, dents, creases, and/or buckling and repair as
necessary. All non-transparent protective coatings and their
adhesive must be removed for this inspection.
(2) Within 100 hours time-in-service (TIS) after August 21, 2008
(the effective date retained from AD 2008-14-12), and repetitively
thereafter at intervals not to exceed 100 hours TIS, perform a
detailed inspection of the vertical stabilizer leading edge skin,
leading edge, fin skin, and the fin forward attachment point for any
cracking, corrosion, scratches, dents, creases, and/or buckling to
include:
(i) Inspection of the entire leading edge down to the forward
attach fitting and removal of dorsal fin extensions, if installed,
to inspect the obscured areas of the fin.
(ii) Inspection of the fin skin for corrosion and cracks, paying
particular attention to the center rib rivet holes and the skin
joint at the fin base.
(iii) Inspection of the fin forward attachment point for
corrosion, removal of the fin tip, and inspection of the top rib for
cracks at the skin stiffener cut outs.
(3) If any damage is found during any inspection required in
paragraph (f)(1) or (f)(2) of this AD, before further flight, obtain
an FAA-approved repair scheme from the manufacturer and incorporate
that repair. Contact the manufacturer for the repair scheme by one
of the methods listed in the Related Information section of this AD.
(4) The following transparent polyurethane protective tapes have
been assessed as suitable for use to re-protect the leading edge and
may remain in situ for subsequent inspections, provided they are
sound and in a condition to permit visual inspection of the skin
beneath them:
------------------------------------------------------------------------
Manufacturer Product
------------------------------------------------------------------------
(i) 3M.............................. 8591, or
8671, 8672 and 8681HS
(aeronautical grade)
(ii) Scapa.......................... Aeroshield P2604 (transparent)
------------------------------------------------------------------------
Note 1: You may apply for an alternative method of compliance
(AMOC) for an alternative to the transparent polyurethane protective
tapes listed above.
(5) Within 6 months after January 20, 2011 (the effective date
of this AD), replace the vertical stabilizer with P/N 08-32005-2
following Pacific Aerospace Limited Mandatory Service Bulletin
PACSB/FU/094, Issue 1, dated August 14, 2008. Installation of
vertical stabilizer P/N 08-32005-2 terminates the repetitive
inspection requirements of paragraphs (f)(1) and (f)(2) of this AD.
(g) For airplanes that have been modified by installation of
vertical stabilizer P/N 08-32005-2, do the following actions:
(1) Within 300 hours TIS after installation of vertical
stabilizer P/N 08-32005-2 or within 50 hours TIS after January 20,
2011 (the effective date of this AD), whichever occurs later, and
repetitively thereafter at intervals not to exceed 300 hours TIS, do
a detailed visual inspection of the vertical stabilizer following
paragraph 2.B.i) of Pacific Aerospace Limited Mandatory Service
Bulletin PACSB/FU/094, Issue 1, dated August 14, 2008.
(2) Within 3,000 hours TIS after installation of vertical
stabilizer P/N 08-32005-2 or within 50 hours TIS after January 20,
2011 (the effective date of this AD), whichever occurs later, and
repetitively thereafter at intervals not to exceed 3,000 hours TIS,
do an eddy current inspection following paragraph 2.B.ii) of Pacific
Aerospace Limited Mandatory Service Bulletin PACSB/FU/094, Issue 1,
dated August 14, 2008.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows:
(1) The inspections required in paragraph (f)(1) of this AD must
be performed by a person authorized under 14 CFR part 43 to perform
inspections, as opposed to the MCAI, which allows the holder of a
pilot license to perform the inspections.
(2) The 50-hour inspection required in the MCAI is not
applicable because the ``before the first flight of the day''
inspection captures the intent.
(3) The MCAI does not require the inspections listed in Pacific
Aerospace Limited Mandatory Service Bulletin PACSB/FU/094, Issue 1,
dated August 14, 2008. To require compliance with these inspections
for U.S. owners and operators we are requiring the inspections
through this AD action.
Other FAA AD Provisions
(h) The following provisions also apply to this AD:
[[Page 78601]]
(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: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; 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, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
Related Information
(i) Refer to MCAI Civil Aviation Authority of New Zealand AD
DCA/FU24/178, dated April 30, 2009; and Pacific Aerospace Limited
Mandatory Service Bulletin PACSB/FU/094, Issue 1, dated August 14,
2008, for related information. For service information contact
Pacific Aerospace Limited, Hamilton Airport, Private Bag HN3027,
Hamilton, New Zealand; telephone: +(64) 7-843-6144; fax +(64) 7-843-
6134; e-mail: [email protected].
Material Incorporated by Reference
(j) You must use Pacific Aerospace Limited Mandatory Service
Bulletin PACSB/FU/094, Issue 1, dated August 14, 2008, 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
Pacific Aerospace Limited, Hamilton Airport, Private Bag HN3027,
Hamilton, New Zealand; telephone: +(64) 7-843-6144; fax +(64) 7-843-
6134; e-mail: [email protected].
(3) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call 816-329-4148.
(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 December 8, 2010.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-31429 Filed 12-15-10; 8:45 am]
BILLING CODE 4910-13-P