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[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Rules and Regulations]
[Pages 78599-78601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31429]

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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.

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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: 
pacific@aerospace.co.nz. 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: pacific@aerospace.co.nz.

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: pacific@aerospace.co.nz.
    (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
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