Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Rules and Regulations 78599 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, 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 9, 2010. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–31438 Filed 12–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 workhour 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 


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78600 Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Rules and Regulations 

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 [Amended] 

■ 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: 


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Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Rules and Regulations 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–1052] 

Drawbridge Operation Regulations; 

Hackensack River, Jersey City, NJ, 

Maintenance 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Witt Penn Bridge at 

mile 3.1, across the Hackensack River, at 

Jersey City, New Jersey. Under this 

temporary deviation a two-hour advance 

notice for bridge opening will be 

required to facilitate bridge repairs. 

DATES: This deviation is effective from 

January 22, 2011 through February 18, 

2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

1052 and are available online at 

http://www.regulations.gov, inserting 

USCG–2010–1052 in the ‘‘Keyword’’ and 

then clicking ‘‘Search.’’ They are also 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. Joe Arca, Project Officer, 

First Coast Guard District, 

joe.m.arca@uscg.mil, telephone (212) 

668–7165. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The Witt 

Penn Bridge, across the Hackensack 

River at mile 3.1 has a vertical clearance 

in the closed position of 35 feet at mean 

high water and 40 feet at mean low 

water. The existing drawbridge 

operation regulations are listed at 33 

CFR 117.723. 

The waterway has seasonal 

recreational vessels, and commercial 

vessels of various sizes. 

The owner of the bridge, New Jersey 

Department of Transportation, requested 

a temporary deviation to facilitate the 

replacement of the AC drive motors. 

Under this temporary deviation the 

Witt Penn Bridge, mile 3.1, across the 

Hackensack River may require a twohour advance notice for bridge openings 

from January 22, 2011 through February 

18, 2011. Vessels that can pass under 

the bridge without a bridge opening may 

do so at all times. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: December 2, 2010. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2010–31556 Filed 12–15–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0935] 

Drawbridge Operation Regulation; Gulf 

Intracoastal Waterway, New Orleans 

Harbor, Inner Harbor Navigation Canal, 

New Orleans, Orleans Parish, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the SR 39 

(Judge Seeber/Claiborne Avenue) 


jlentini on DSKJ8SOYB1PROD with RULES