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:
doug.rudolph@faa.gov.
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 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: