[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Proposed Rules]
[Pages 40755-40759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14428]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0813; Project Identifier MCAI-2021-01316-A]
RIN 2120-AA64


Airworthiness Directives; Vulcanair S.p.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Vulcanair S.p.A. Model P.68, P.68B, P.68C, P.68C-TC, P.68 
``Observer,'' P.68TC ``Observer,'' P.68 ``Observer 2,'' and P.68R 
airplanes. 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 identifies the unsafe condition as corrosion 
causing failure of the upper rudder hinge. This proposed AD would 
require repetitively inspecting the upper and lower rudder hinges for 
corrosion, cracking, or damage, and depending on the inspection 
results, taking corrective action. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 22, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Vulcanair 
S.p.A., Fulvio Oloferni, via Giovanni Pascoli, 7, 80026 Naples, Italy; 
phone: +39 081 5918 135; email: <a href="/cdn-cgi/l/email-protection#05646c77726a77716d6c6b6076764573706966646b646c772b666a68"><span class="__cf_email__" data-cfemail="76171f04011904021e1f181305053600031a151718171f045815191b">[email protected]</span></a>; website: 
https://www.vulcanair.com. You may view this service information at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability of 
this material at the FAA, call (817) 222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0813; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this NPRM, the MCAI, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: John DeLuca, Aviation Safety Engineer, 
General Aviation & Rotorcraft Section, International Validation Branch, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (516) 
228-7369; email: <a href="/cdn-cgi/l/email-protection#402a2f282e6e306e24252c352321002621216e272f36"><span class="__cf_email__" data-cfemail="ec86838482c29cc2888980998f8dac8a8d8dc28b839a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2022-0813; 
Project Identifier MCAI-2021-01316-A'' at the beginning of your 
comments. The most helpful comments reference a specific portion of the 
proposal, explain the reason for any recommended change, and include 
supporting data. The FAA will consider all comments received by the 
closing date and may amend this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt

[[Page 40756]]

from public disclosure. If your comments responsive to this NPRM 
contain commercial or financial information that is customarily treated 
as private, that you actually treat as private, and that is relevant or 
responsive to this NPRM, it is important that you clearly designate the 
submitted comments as CBI. Please mark each page of your submission 
containing CBI as ``PROPIN.'' The FAA will treat such marked 
submissions as confidential under the FOIA, and they will not be placed 
in the public docket of this AD. Submissions containing CBI should be 
sent to John DeLuca, Aviation Safety Engineer, General Aviation & 
Rotorcraft Section, International Validation Branch, FAA, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590. Any commentary that the FAA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the 
Technical Agent for the Member States of the European Union, has issued 
EASA AD 2021-0267, dated November 24, 2021 (referred to after this as 
``the MCAI''), to address an unsafe condition on Vulcanair S.p.A. 
(Vulcanair) (formerly Partenavia Costruzioni Aeronautiche S.p.A.) Model 
P.68 ``Victor,'' P.68B ``Victor,'' P.68R ``Victor,'' P.68C, P.68C-TC, 
P.68 ``Observer,'' P.68 ``Observer 2,'' and P.68TC ``Observer'' 
airplanes, all serial numbers. The MCAI states:

    Occurrences were reported of failures of the upper rudder hinge 
on P.68 aeroplanes due to corrosion, which can occur if the 
aeroplane is operated in an environment which may favour the 
formation of corrosion.
    This condition, if not detected and corrected, could interfere 
with rudder movement and ultimately lead to failure, possibly 
resulting in loss of control of the aeroplane.
    To address this potential unsafe condition, Vulcanair issued the 
SL [Vulcanair Aircraft Alert Service Letter No. 23, Revision 2, 
dated September 29, 2021] and updated the applicable AMM [Aircraft 
Maintenance Manual], as defined in this [EASA] AD, to provide 
inspection instructions.
    For the reason described above, this [EASA] AD requires 
repetitive inspections of the upper and lower rudder hinges and, 
depending on findings, accomplishment of applicable corrective 
action(s).

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0813.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Vulcanair Aircraft Alert Service Letter No. 23, 
Revision 2, dated September 29, 2021, which specifies procedures for 
inspecting the upper and lower rudder hinges for corrosion, cracking, 
and damage, and specifies contacting Vulcanair for instructions to 
repair an affected rudder hinge. This service information also refers 
to the applicable aircraft maintenance manuals for additional 
inspection procedures.
    The FAA also reviewed the following service information, which 
specifies procedures for maintaining various structural parts. These 
documents are distinct since they apply to different airplane models.
    <bullet> Section 6, Structures, of the Vulcanair Aircraft P.68C & 
P.68C-TC Maintenance Manual, AMM10.702-1, Revision 7, dated May 11, 
2021.
    <bullet> Section 6, Structures, of the Vulcanair Aircraft P.68 
Observer 2 & P.68TC Observer Maintenance Manual, AMM10.702-2, Revision 
8, dated November 11, 2021.
    <bullet> Section 6, Structures, of the Vulcanair Aircraft P.68R 
Maintenance Manual, AMM10.702-3, Revision 12, dated December 12, 2019.
    <bullet> Section C, Airframe, of the Vulcanair Aircraft P68C 
Maintenance Manual, NOR10.709-1B, Revision 9, dated August 30, 2017.
    <bullet> Section C, Airframe, of the Vulcanair Aircraft P68-TC 
Observer Maintenance Manual, NOR10.709-4A, Revision 4, dated March 15, 
2018.
    <bullet> Section B, Structure, of the Vulcanair Aircraft A/C P68B 
Victor Maintenance Manual, NOR.10.709-9, Revision 16, dated September 
22, 2017.
    <bullet> Section C, Airframe, of the Vulcanair Aircraft P68 
Observer 2 Maintenance Manual, NOR10.709-10, Revision 5, dated October 
23, 2017.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this NPRM 
after determining the unsafe condition described previously is likely 
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described, except as discussed under 
``Differences Between this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    The MCAI applies to Model P.68 ``Victor,'' P.68B ``Victor,'' and 
P.68R ``Victor'' airplanes, which are identified on the FAA type 
certificate as Model P.68, P.68B, and P.68R airplanes, respectively.
    The MCAI requires contacting Vulcanair for approved repair 
instructions, while this proposed AD does not.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 14 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost      Cost per  airplane       operators
----------------------------------------------------------------------------------------------------------------
Visual inspection of upper and    2 work-hours x $85  Not applicable....  $170 per            $2,380 per
 lower rudder hinges.              per hour = $170.                        inspection cycle.   inspection cycle.
Disassembly for dye inspection    7 work-hours x $85  Not applicable....  $595 per            $8,330 per
 of the top rudder hinge           per hour = $595.                        inspection cycle.   inspection cycle.
 (bracket).
Disassembly for dye inspection    8 work-hours x $85  Not applicable....  $680 per            $9,520 per
 for the lower rudder hinge        per hour = $680.                        inspection cycle.   inspection cycle.
 (control tube).
Dye inspection of upper and       2 work-hours x $85  Not applicable....  $170 per            $2,380 per
 lower rudder hinges (post         per hour = $170.                        inspection cycle.   inspection cycle.
 disassembly).
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[[Page 40757]]

    The FAA estimates the following costs to do any necessary actions 
that would be required based on the results of the proposed inspection. 
The FAA has no way of determining the number of airplanes that might 
need these actions.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost       airplane
----------------------------------------------------------------------------------------------------------------
Replacement of the top rudder hinge (bracket).  7 work-hours x $85 per hour =               $320            $915
                                                 $595.
Replacement of the lower rudder hinge (control  8 work-hours x $85 per hour =              1,020           1,700
 tube).                                          $680.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    The FAA 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 be a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

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

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 adding the following new airworthiness 
directive:

Vulcanair S.p.A.: Docket No. FAA-2022-0813; Project Identifier MCAI-
2021-01316-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 22, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Vulcanair S.p.A. Model P.68, P.68B, P.68C, 
P.68C-TC, P.68 ``Observer,'' P.68TC ``Observer,'' P.68 ``Observer 
2,'' and P.68R airplanes, all serial numbers (S/Ns), certificated in 
any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5540, Rudder 
Structure.

(e) Unsafe Condition

    This AD was prompted by 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 identifies the unsafe condition as corrosion 
causing failure of the upper rudder hinge. The FAA is issuing this 
AD to address damage of the upper and lower rudder hinges. This 
condition, if not addressed, could result in interference with the 
rudder movement and lead to failure of the rudder, which could 
result in loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within 200 hours time-in-service (TIS) after the effective date 
of this AD or within 12 months after the effective date of this AD, 
whichever occurs first, and thereafter at intervals not to exceed 
200 hours TIS or 12 months, whichever occurs first, inspect the 
upper and lower rudder hinges for looseness, corrosion, cracking, 
and damage in accordance with steps 1 through 4 of Vulcanair 
Aircraft Alert Service Letter No. 23, Revision 2, dated September 
29, 2021 (Vulcanair SL No. 23R2).
    (1) If there is no looseness, no corrosion, no cracking, and no 
damage, do the actions in paragraphs (g)(1)(i) and (ii) of this AD.
    (i) Remove the rudder by following the removal procedure for 
your airplane identified in figure 1 to paragraph (g)(1) of this AD.
    (ii) Perform a dye penetrant inspection of the hinges, paying 
particular attention to the pivot/attachment holes, using a dye 
penetrant solution for manual non-destructive testing using the 
following:
    (A) Penetrant System: TYPE II (Visible Dye);
    (B) METHOD C (Solvent Removable);
    (C) Developer: FORM D (Non-aqueous); or
    (D) Solvent Remover: CLASS 1 (Halogenated).
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    (2) If there is any looseness, corrosion, cracking, or damage, 
replace the hinge before further flight.

(h) Special Flight Permit

    Special flight permits are prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the certification office, send it to the 
attention of the person identified in paragraph (j)(1) of this AD 
and email to: <a href="/cdn-cgi/l/email-protection#ba8397fbece997fbf3e8978d898a97fbf7f5f9fadcdbdb94ddd5cc"><span class="__cf_email__" data-cfemail="dde4f09c8b8ef09c948ff0eaeeedf09c90929e9dbbbcbcf3bab2ab">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    (1) For more information about this AD, contact John DeLuca, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; phone: (516) 228-7369; email: 
<a href="/cdn-cgi/l/email-protection#e983868187c799c78d8c859c8a88a98f8888c78e869f"><span class="__cf_email__" data-cfemail="4a20252224643a642e2f263f292b0a2c2b2b642d253c">[email protected]</span></a>.
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2021-0267, dated November 24, 2021, for more information. You may 
view the EASA AD at https://www.regulations.gov in Docket No. FAA-
2022-0813.
    (3) For service information identified in this AD, contact 
Vulcanair S.p.A., Fulvio Oloferni, via Giovanni Pascoli, 7, 80026 
Naples, Italy; phone: +39 081 5918 135; email: 
<a href="/cdn-cgi/l/email-protection#c4a5adb6b3abb6b0acadaaa1b7b784b2b1a8a7a5aaa5adb6eaa7aba9"><span class="__cf_email__" data-cfemail="c7a6aeb5b0a8b5b3afaea9a2b4b487b1b2aba4a6a9a6aeb5e9a4a8aa">[email protected]</span></a>; website: https://www.vulcanair.com. You 
may review this referenced service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, MO 64106. For information on the availability 
of this material at the FAA, call (817) 222-5110.

    Issued on June 30, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-14428 Filed 7-7-22; 8:45 am]
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