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[Federal Register: October 13, 2010 (Volume 75, Number 197)]
[Proposed Rules]               
[Page 62716-62718]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc10-14]                         

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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]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede two existing ADs. 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:

    To prevent possible in-flight failure of the vertical 
stabiliser, leading to loss of control of the aircraft * * *

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 November 29, 
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: 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:

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-2010-1021; 
Directorate Identifier 2010-CE-053-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 February 4, 2004, we issued AD 2004-03-29, Amendment 39-13473 
(69 FR 6553; February 11, 2004) and on June 30, 2008, we issued AD 
2008-14-12, Amendment 39-15607 (73 FR 40951; July 17, 2008). Those ADs 
required actions intended to address an unsafe condition on the 
products listed above.
    Since we issued AD 2008-14-12, Pacific Aerospace Limited has 
developed a new vertical stabilizer design to eliminate the cracking in 
the vertical stabilizer that occurred with the original design. The new 
vertical stabilizer design incorporates a forward spar and is a 
failsafe structure.
    The Civil Aviation Authority (CAA), which is the aviation authority 
for New Zealand, has issued AD DCA/FU24/178, dated April 30, 2009 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The 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 issue1 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.

Relevant Service Information

    Pacific Aerospace Limited has issued Mandatory Service Bulletin 
PACSB/FU/094, Issue 1, dated August 14, 2008. 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 policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 3 products of U.S. 
registry.

[[Page 62717]]

We also estimate that it would take about 1 work-hour per product to 
comply with the basic inspection requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the inspection cost of the 
proposed AD on U.S. operators to be $255, or $85 per product.
    We also 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 the 
proposed AD on 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 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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-13473 (69 FR 
6553) and Amendment 39-15607 (73 FR 40951); and adding the following 
new AD:

Pacific Aerospace Limited: Docket No. FAA-2010-1021; Directorate 
Identifier 2010-CE-053-AD.

Comments Due Date

    (a) We must receive comments by November 29, 2010.

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 issue1 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 the 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 the effective date of this AD, replace 
the vertical stabilizer with

[[Page 62718]]

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 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 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:
    (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, 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

    (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; email: pacific@aerospace.co.nz.

    Issued in Kansas City, Missouri, on October 6, 2010.
Christina L. Marsh,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-25700 Filed 10-12-10; 8:45 am]
BILLING CODE 4910-13-P
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