[Federal Register: May 13, 2008 (Volume 73, Number 93)]
[Proposed Rules]               
[Page 27479-27481]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my08-11]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0543; Directorate Identifier 2007-CE-092-AD]
RIN 2120-AA64

 
Airworthiness Directives; Pacific Aerospace Limited Model FU-24 
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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[[Page 27480]]

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:

    To prevent the possible in-flight failure of the vertical fin, 
leading to loss of control of the aircraft * * *

    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 June 12, 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: 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:

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-2008-0543; 
Directorate Identifier 2007-CE-092-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://
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 Civil Aviation Authority of New Zealand, which is the aviation 
authority for New Zealand, has issued AD DCA/FU24/176C, dated September 
27, 2007 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    To prevent the possible in-flight failure of the vertical fin, 
leading to loss of control of the aircraft * * *

    The MCAI requires inspections of the vertical fin for cracking, 
corrosion, scratches, dents, creases or buckling and the repair of any 
damaged area. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    The Civil Aviation Authority of New Zealand, which is the aviation 
authority for New Zealand, makes reference to Pacific Aerospace Limited 
Chapter 05, page 25 of the FU-24-950 Series Maintenance Manual, issued 
December 1978. 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 2 products of U.S. 
registry. We also estimate that it would take about 1 work-hour 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 $160, or $80 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 24 work-hours and require parts costing $1,000, for a cost 
of $2,920 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.

[[Page 27481]]

    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:

Pacific Aerospace Limited: Docket No. FAA-2008-0543; Directorate 
Identifier 2007-CE-092-AD.

Comments Due Date

    (a) We must receive comments by June 12, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to FU-24 airplanes, all serial numbers, 
certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 53: 
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    To prevent the possible in-flight failure of the vertical fin, 
leading to loss of control of the aircraft * * *
    The MCAI requires inspections of the vertical fin for cracking, 
corrosion, scratches, dents, creases or buckling, and the repair of 
any damaged area.

Actions and Compliance

    (f) Unless already done, after the effective date of this AD, do 
the following actions following Chapter 05, page 25 of the FU-24-950 
Series Maintenance Manual:
    (1) Before the first flight of the day, visually inspect the 
vertical stabilizer leading edge skin and fin for any cracking, 
corrosion, scratches, dents, creases 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 the effective 
date of this AD 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, 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 in 
order 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.
    (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:

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               Manufacturer                            Product
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(i) 3M....................................   8591, or 8671, 8672 and
                                             8681HS (aeronautical
                                             grade).
(ii) Scapa................................  Aeroshield P2604
                                             (transparent).
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    Note 1: You may apply for an alternative method of compliance 
(AMOC) for an alternative to the transparent polyurethane protective 
tapes listed above.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The inspections required in 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 goes away 
because the ``before each flight'' inspection captures the intent.

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: 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, 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 Authority of New Zealand AD 
DCA/FU24/176C, dated September 27, 2007, for related information.

    Issued in Kansas City, Missouri, on May 6, 2008.
Margaret Kline,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-10649 Filed 5-12-08; 8:45 am]

BILLING CODE 4910-13-P