[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Proposed Rules]
[Pages 10694-10696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5009]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 /
Proposed Rules
[[Page 10694]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0235; Directorate Identifier 2010-CE-010-AD]
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: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. 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 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. 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 April 23, 2010.
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: 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:
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-2010-0235;
Directorate Identifier 2010-CE-010-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 closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://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
On July 11, 1997, we issued AD 97-11-12, Amendment 39-10041 (62 FR
28997, May 29, 1997). That AD required actions intended to address an
unsafe condition on the products listed above.
Since we issued AD 97-11-12, the manufacturer has revised the
service information to simplify the visual inspection method.
The Civil Aviation Safety Authority (CASA), which is the aviation
authority for Australia, has issued AD GAF-N22-52, Amendment 1, dated
January 2010 (referred to after this as ``the MCAI''), 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.
Relevant Service Information
AeroSpace Technologies of Australia Limited has issued Nomad
Service Bulletin NMD-53-22, dated April 17, 2007. 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
[[Page 10695]]
policies. Any such differences are highlighted in a NOTE within the
proposed AD.
Costs of Compliance
We estimate that this proposed AD will affect 25 products of U.S.
registry. We also estimate that it would take about 2 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $4,250, or $170 per product.
In addition, we estimate that any necessary follow-on actions would
take 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 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, Incorporation by
reference, 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 removing Amendment 39-10041 (62 FR
28997, May 29, 1997), and adding the following new AD:
AeroSpace Technologies of Australia Pty Ltd: Docket No. FAA-2010-
0235; Directorate Identifier 2010-CE-010-AD.
Comments Due Date
(a) We must receive comments by April 23, 2010.
Affected ADs
(b) This AD supersedes 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 April 17, 2007:
(1) Within the next 100 hours time-in-service (TIS) after the
effective date of this AD or within the next 90 days after 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 holes
required in paragraph (f)(1) of this AD, initially inspect the stub
wing front spar cap for cracks. Repetitively inspect thereafter
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,
[[Page 10696]]
Amendment 1, dated January 2010; and Nomad Service Bulletin NMD-53-
22, dated April 17, 2007, for related information.
Issued in Kansas City, Missouri, on March 2, 2010.
Sandra J. Campbell,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-5009 Filed 3-8-10; 8:45 am]
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