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[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Rules and Regulations]               
[Page 30268-30270]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn10-2]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0235; Directorate Identifier 2010-CE-010-AD; 
Amendment 39-16311; AD 2010-11-06]
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: 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:

    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.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 6, 2010.
    On July 6, 2010, 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 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:

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 March 9, 2010 (75 FR 
10694), and proposed to supersede AD 97-11-12, Amendment 39-10041 (62 
FR 28997, May 29, 1997). That NPRM proposed 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.

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 25 products of U.S. registry. 
We also estimate that it will take about 2 work-hours 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 on U.S. 
operators to be $4,250, or $170 per product.
    In addition, we estimate that any necessary follow-on actions will 
take

[[Page 30269]]

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 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 
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 Amendment 39-10041 (62 FR 
28997, May 29, 1997), and adding the following new AD:

2010-11-06 AeroSpace Technologies of Australia Pty Ltd: Amendment 
39-16311; Docket No. FAA-2010-0235; Directorate Identifier 2010-CE-
010-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 6, 
2010.

Affected ADs

    (b) This AD supersedes AD 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 June 4, 2007:
    (1) Within the next 100 hours time-in-service (TIS) after July 
6, 2010 (the effective date of this AD), or within the next 90 days 
after July 6, 2010 (the effective date of this AD), whichever occurs 
first, install an inspection hole in the left-hand and right-hand 
stub wing bottom skin.
    (2) Before further flight after installing the inspection hole 
required in paragraph (f)(1) of this AD, initially inspect the stub 
wing front spar cap for cracks. Repetitively thereafter inspect at 
intervals not to exceed 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 FAA-approved 
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, Amendment 1, dated January 2010; and

[[Page 30270]]

Nomad Service Bulletin NMD-53-22, dated June 4, 2007, for related 
information.

Material Incorporated by Reference

    (i) You must use Nomad Service Bulletin NMD-53-22, dated June 4, 
2007, 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 
Gippsland Aeronautics Pty Ltd., Latrobe Regional Airport, P.O. Box 
881, Morwell Victoria, 3840, Australia; phone: +61 3 5172 1200; fax: 
+61 3 5172 1201; Internet: www.gippsaero.com.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (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 May 13, 2010.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-12176 Filed 5-28-10; 8:45 am]
BILLING CODE 4910-13-P
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