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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
 AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT).
 ACTION: Final rule.
 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 
                    ( print 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 Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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
 2.The FAA amends § 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:
                            ( print 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