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.

Proposed Rules Federal Register

10694 

Vol. 75, No. 45 

Tuesday, March 9, 2010 

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). 

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 

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Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Proposed Rules 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. 

§ 39.13 [Amended] 

2. The FAA amends § 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-inservice (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 lefthand 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: 

support@gippsaero.com, for an FAAapproved 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, 

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10696 Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Proposed Rules 

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] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0220; Directorate 

Identifier 2008–NM–166–AD] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Services B.V. Model F.28 Mark 0070 

and 0100 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

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: Due to their position on 

the airplane, fuel fire shut-off valve 

actuators P/N [part number] 9409122 are 

susceptible to freezing, which has an 

adverse effect on the operation of the 

valve. Also, due to various causes, the 

failure rate of [fuel fire shut-off valve] 

actuator P/N 9409122 is higher than 

expected. Failure or freezing of the 

actuator may prevent the flight crew to 

close the fuel fire shut-off valve in case 

of an engine fire. Due to their position 

on the aeroplane, fuel crossfeed valve 

actuators P/N 9409122 are susceptible to 

freezing, which has an adverse effect on 

the operation of the valve. This 

condition, if not corrected, may generate 

fuel asymmetry alerts when a valve 

remains in the open position after being 

selected closed. It may also prevent the 

flight crew from correcting a fuel 

asymmetry when a valve remains in the 

closed position after being selected 

open. One event was reported where, 

due to such problems, the flight crew 

shut down an engine in-flight and 

diverted the aircraft. [D]ue to their 

position on the aircraft, ice may form on 

actuators P/N 9409122 installed on fuel 

crossfeed valves and fuel fire shut-off 

valves. Tests revealed that the ice can 

prevent the actuator and thus the valve 

from operating in flight (frozen stuck). 

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 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Fokker 

Services B.V., Technical Services Dept., 

P.O. Box 231, 2150 AE Nieuw-Vennep, 

the Netherlands; telephone +31 (0)252– 

627–350; fax +31 (0)252–627–211; email technicalservices.fokkerservices@

stork.com; Internet http:// 

www.myfokkerfleet.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221 

or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://www.

regulations.gov; or in person at the 

Docket Operations office 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 Operations 

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: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; fax (425) 227–1149. 

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–2010–0220; Directorate Identifier 

2008–NM–166–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 based on those comments. 

We have lengthened the 30-day 

comment period for proposed ADs that 

address MCAI originated by aviation 

authorities of other countries to provide 

adequate time for interested parties to 

submit comments. The comment period 

for these proposed ADs is now typically 

45 days, which is consistent with the 

comment period for domestic transport 

ADs. 

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 European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directives 2009–0168, 

dated August 3, 2009; 2009–0116, dated 

May 29, 2009; and 2007–0122, dated 

May 3, 2007 (corrected May 7, 2007) 

(referred to after this as ‘‘the MCAI’’); to 

correct an unsafe condition for the 

specified products. EASA AD 2007– 

0122 states: 

In-service experience revealed that, due to 

their position on the aircraft, ice may form 

on actuators P/N 9409122 installed on fuel 

crossfeed valves and fuel fire shut-off valves. 

Tests revealed that the ice can prevent the 

actuator and thus the valve from operating in 

flight (frozen stuck). A new actuator is being 

developed by Fokker Services. However, an 

airworthiness assessment revealed that 

interim actions are required for actuators p/ 

n 9409122 installed on fuel crossfeed valves 

and fuel fire shut-off valves until the new 

actuators are installed. Fokker Services have 

issued Service Bulletin (SB) SBF100–28–049 

to introduce interim actions that will reduce 

the probability that fuel crossfeed and fuel 

fire shut-off valves equipped with actuators 

p/n 9409122 do not operate due to ice. The 

interim actions consist of an operational 

check of the actuators and the application of 

a grease layer on the actuators, followed by 

a weekly visual check of the applied grease 

layer and a 4-weekly operational check of the 

actuators. 

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