[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Proposed Rules]
[Pages 55786-55788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22338]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1020; Directorate Identifier 2008-CE-053-AD]
RIN 2120-AA64


Airworthiness Directives; Vulcanair S.p.A. Model P68 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. 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:

    The Safe Fatigue Limits (SFL) of the Wing Structure in the P68 
Series aircraft have been redefined from the current 8,500 Flight 
Hours to a new value to be calculated up to a maximum of 17,500 
Flight Hours. This has been developed by Vulcanair under Change No. 
MOD.P68/79 Rev. 1 and approved by EASA with No. EASA.A.C.02482 on 07 
June 2006.

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 October 27, 
2008.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://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: 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: Sarjapur Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4145; 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-2008-1020; 
Directorate Identifier 2008-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

[[Page 55787]]

closing date and may amend this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.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

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No.: 2007-0027, dated February 5, 2007 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    The Safe Fatigue Limits (SFL) of the Wing Structure in the P68 
Series aircraft have been redefined from the current 8,500 Flight 
Hours to a new value to be calculated up to a maximum of 17,500 
Flight Hours. This has been developed by Vulcanair under Change No. 
MOD.P68/79 Rev. 1 and approved by EASA with No. EASA.A.C.02482 on 07 
June 2006.
    The new Safe Fatigue Limits depend on:
    (a) Status of the modification (reinforcement) of the wing 
structure itself (Partenavia Service Bulletin No. 65 refers); and
    (b) Aircraft Flight Hours accumulated before the modification 
(reinforcement) was implemented.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Vulcanair S.p.A. has issued Service Bulletin No. 120 Rev. 1, dated 
June 7, 2006. 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 72 products of U.S. 
registry. We also estimate that it would take about 80 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $460,800, or $6,400 per product.
    We have no way of determining the number of products that may need 
any necessary follow-on 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 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, 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 adding the following new AD:

Vulcanair S.p.A. (Type Certificate No. A31EU formally held by 
Partenavia Costruzioni Aeronautiche S.p.A.): Docket No. FAA-2008-
1020; Directorate Identifier 2008-CE-053-AD.

Comments Due Date

    (a) We must receive comments by October 27, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models P 68, P 68B, P 68C, P 68C-TC, P 68 
``OBSERVER,'' AP68TP300 ``SPARTACUS,'' P68TC ``OBSERVER,'' AP68TP 
600 ``VIATOR,'' and P68 ``OBSERVER 2'' airplanes; all serial 
numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 51: Standard 
Practices/Structures.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    The Safe Fatigue Limits (SFL) of the Wing Structure in the P68 
Series aircraft have been redefined from the current 8,500 Flight 
Hours to a new value to be calculated up to a maximum of 17,500 
Flight Hours. This has been developed by Vulcanair under Change No. 
MOD.P68/79 Rev. 1 and approved by EASA with No. EASA.A.C.02482 on 07 
June 2006.

[[Page 55788]]

    The new Safe Fatigue Limits depend on:
    (1) Status of the modification (reinforcement) of the wing 
structure itself (Partenavia Service Bulletin No. 65 refers); and
    (2) Aircraft Flight Hours accumulated before the modification 
(reinforcement) was implemented.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For serial numbers 01 through 356, determine the safe 
fatigue limit of the wing structure following Vulcanair S.p.A. 
Service Bulletin No. 120 Rev. 1, dated June 7, 2006, within 8,500 
hours time-in-service (TIS) since new or within 500 hours TIS after 
the effective date of this AD, whichever occurs later.
    (2) For serial numbers 01 through 356, inspect the wing 
structure and the wing to fuselage attachments following Vulcanair 
S.p.A. Service Bulletin No. 120 Rev. 1, dated June 7, 2006, within 
the safe fatigue limit determined in paragraph (f)(1) of this AD or 
within 500 hours TIS after the effective date of this AD, whichever 
occurs later. Repetitively thereafter inspect at intervals not to 
exceed every 500 hours TIS.
    (3) For serial numbers 357 and above, inspect the wing structure 
and the wing to fuselage attachments following Vulcanair S.p.A. 
Service Bulletin No. 120 Rev. 1, dated June 7, 2006, within 17,500 
hours TIS since new or within 500 hours TIS after the effective date 
of this AD, whichever occurs later. Repetitively thereafter inspect 
at intervals not to exceed every 500 hours TIS.
    (4) For all serial numbers, inspect the stabilator following 
Vulcanair S.p.A. Service Bulletin No. 120 Rev. 1, dated June 7, 
2006, within 8,500 hours TIS since new or within 500 hours TIS after 
the effective date of this AD, whichever occurs later. Repetitively 
thereafter inspect at intervals not to exceed every 500 hours TIS.
    (5) If as a result of any inspection required by paragraphs 
(f)(2), (f)(3), or (f)(4) of this AD you find any discrepancies (for 
example, cracked or broken parts), do one of the following actions 
before further flight:
    (i) Repair the airplane following FAA-approved repair 
instructions obtained from Vulcanair S.p.A.; or
    (ii) Repair the airplane following a repair method approved by 
the FAA for this AD. Contact the FAA at the address in paragraph 
(g)(1) of this AD for an FAA-approved method.

    Note 1: For certain Model P 68 airplanes, AD 85-08-04 requires 
repetitive inspections of the front and rear wing spars for cracks 
with modification if cracks are found. The modification terminates 
the repetitive inspections required in AD 85-08-04 and may be done 
regardless if cracks are found. The actions of AD 85-08-08 are 
independent of this AD action and remain in effect.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The MCAI is extending the safe fatigue limits of the wing 
structure and the wing to fuselage attachments of certain airplanes. 
Airplanes registered in the United States did not have safe fatigue 
limits established for the wing structure and the wing to fuselage 
attachments. This AD is establishing safe fatigue limits for the 
wing structure and the wing to fuselage attachments. This AD is also 
establishing safe fatigue limits for the stabilator.
    (2) The MCAI requires implementation of safe fatigue limits into 
the airplane maintenance program (maintenance program). An airplane 
registered in the United States and operated under 14 CFR part 91 is 
required to have a maintenance program, but not necessarily 
following the airplane maintenance manual. This AD requires you to 
do specific actions of Vulcanair S.p.A. Service Bulletin No. 120 
Rev. 1, dated June 7, 2006, rather than incorporating those actions 
into the maintenance program.

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: Sarjapur Nagarajan, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; 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 European Aviation Safety Agency AD No.: 2007-
0027, dated February 5, 2007; and Vulcanair S.p.A. Service Bulletin 
No. 120 Rev. 1, dated June 7, 2006, for related information.

    Issued in Kansas City, Missouri, on September 17, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-22338 Filed 9-25-08; 8:45 am]
BILLING CODE 4910-13-P