[Federal Register Volume 61, Number 51 (Thursday, March 14, 1996)]
[Proposed Rules]
[Pages 10478-10479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6126]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 51 / Thursday, March 14, 1996 / 
Proposed Rules  

[[Page 10478]]


DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-CE-93-AD]


Airworthiness Directives; Aerospace Technologies of Australia 
Nomad Models N22B, N22S, and N24A Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to Aerospace Technologies of Australia (ASTA) 
Nomad Models N22B, N22S, and N24A airplanes. The proposed action would 
require inspecting the flap and aileron control rod fork ends for water 
accumulation and corrosion inside the internally drilled holes, and 
replacing the control rod fork ends if there is visible corrosion or 
sealing the hole if no corrosion is found. Reports of water entering 
the internal holes of the flap and aileron control rod fork ends and 
causing corrosion prompted the proposed AD action. The actions 
specified by the proposed AD are intended to prevent corrosion and 
water accumulation in the flap and aileron control rod fork ends, 
which, if not detected and corrected, could cause loss of control of 
the flaps and aileron and possible loss of control of the airplane.

DATES: Comments must be received on or before May 24, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 95-CE-93-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106. Comments may be inspected at 
this location between 8 a.m. and 4 p.m., Monday through Friday, 
holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from Aerospace Technologies of Australia, Limited, ASTA DEFENCE, 
Private Bag No. 4, Beach Road Lara 3212, Victoria, Australia. This 
information also may be examined at the Rules Docket at the address 
above.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Atmur, Aerospace Engineer, 
Aircraft Certification Office, FAA, 3960 Paramount Blvd., Lakewood, 
California, 90712; telephone (310) 627-5224; facsimile (310) 627-5210.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 95-CE-93-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket No. 95-CE-93-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    The Civil Airworthiness Authority (CAA), which is the airworthiness 
authority for Australia, notified the FAA in 1982 that an unsafe 
condition may exist on ASTA Nomad Models N22B, N22S, and N24A 
airplanes. At that time, the FAA determined that an AD action was not 
necessary. In July, 1995, the FAA has re-examined the proposed action 
and determined that it is now necessary to propose an airworthiness 
directive on these ASTA Nomad airplanes. The Australian CAA has 
reported incidents of corrosion from water accumulation in the flap and 
aileron control rod fork ends, part number (P/N) 1/N-45-351 and P/N 1/
N-45-1059. Further investigation revealed that the internally drilled 
holes in the control rods are what allowed the water to accumulate 
inside the rods. This condition could lead to corrosion and a loss of 
static strength capability.
    Nomad Service Bulletin (Nomad SB) NMD-27-24, dated October 8, 1982, 
specifies inspecting for corrosion and water accumulation inside the 
flap and aileron control rods' internally drilled holes. If corrosion 
is present, the Nomad service bulletin specifies replacing the part and 
sealing the drilled holes. If no corrosion is present, seal the drilled 
holes to prevent future corrosion.
    The Australian CAA classified this service bulletin as mandatory 
and issued AD/GAF-N22/48, dated September, 1984 in order to assure the 
continued airworthiness of these airplanes in Australia.
    These airplane models are manufactured in Australia and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement between Australia and 
the United States. Pursuant to this bilateral airworthiness agreement, 
the Australian CAA has kept the FAA informed of the situation described 
above. The FAA has examined the findings of the Australian CAA, 
reviewed all available information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop in other ASTA Nomad Models N22B, N22S, and N24A 
airplanes of the

[[Page 10479]]
same type design, the proposed AD would require inspecting for water 
accumulation and corrosion inside the internally drilled holes of the 
flap and aileron control rod fork ends and replacing any corroded 
control rod or sealing any internally drilled holes that are without 
corrosion.
    The compliance time of the proposed AD is presented in calendar 
time instead of hours time-in- service (TIS). The FAA has determined 
that a calendar time compliance is the most desirable method because 
the unsafe condition described by the proposed AD is caused by 
corrosion. Corrosion initiates as a result of airplane operation, but 
can continue to develop regardless of whether the airplane is in 
service or in storage. Therefore, to ensure that the above-referenced 
condition is detected and corrected on all airplanes within a 
reasonable period of time without inadvertently grounding any 
airplanes, a compliance schedule based upon calendar time instead of 
hours TIS is proposed.
    The FAA estimates that 15 airplanes in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 3 
workhours per airplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. In estimating the 
total cost impact of the proposed AD on U.S. operators, the FAA is only 
using the inspection criteria (3 workhours). The FAA has no way of 
knowing how many airplanes have incorporated the modification. With 
this in mind and based on those figures above, the total cost impact of 
the proposed AD upon U.S. operators of the affected airplanes is 
estimated to be $2,700. This figure only includes the cost for the 
initial inspection and does not include replacement costs of the 
corroded part. The FAA has no way of determining how many control rods 
may be corroded.
    The regulations proposed herein would not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (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) if promulgated, 
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. A copy of the draft regulatory evaluation 
prepared for this action has been placed in the Rules Docket. A copy of 
it may be obtained by contacting the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

Aerospace Technologies of Australia (ASTA): Docket No. 95-CE-93-AD.

    Applicability: Nomad Models N22B, N22S, and N24A airplanes with 
the following serial numbers, certificated in any category.
Nomad N22B and N22S
    N22B-5M, N22B-6M, N22B-7, N22B-11M, N22B -12M, N22B-15M, N22B-
16M, N22B-18M, N22B-19M, N22B-20M, N22B-21M, N22B-22M, N22B-23M, 
N22B-25, N22B-27, N22B-31M, N22B-33, N22B-35, N22B-37, N22B-50, 
N22B-53, N22B-56, N22B-57, N22B-58, N22B-59, N22B-61, N22B-65M, 
N22B-66, N22B-67M, N22B-68, N22B-69, N22B-70, N22S-82, N22B-83, 
N22S-84, N22B-85M, N22S-86, N22S-87, N22B-88M, N22S-90, N22B-91M, 
N22S-92, N22B-93, N22B-95, N22B-97M, N22B-100M, N22B-102, N22B-103, 
and N22B-104
Nomad N24A
    N24A-44, N24A-46, N24A-62, N24A-64, N24A-71, N24A-72, N24A-73, 
N24A-74, N24A-75, N24A-76, N24A-77, N24A-78, and N24A-79

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.
    Compliance: Required within 1 year after the effective date of 
this AD, unless already accomplished.
    To prevent corrosion and water accumulation in the flap and 
aileron control rod fork ends, which, if not detected and corrected, 
could cause loss of control of the flaps and aileron and possible 
loss of control of the airplane, accomplish the following:
    (a) Inspect for corrosion and water accumulation inside the 
internally drilled holes of the flap and aileron control rod fork 
ends in accordance with the ACCOMPLISHMENT INSTRUCTIONS section of 
Aerospace Technologies of Australia (ASTA) Nomad Service Bulletin 
(SB) NMD-27-24, dated October 8, 1982.
    (b) If corrosion is present, prior to further flight, replace 
the control rod fork ends, part number (P/N) 1/N-45-351 or P/N 1/N-
45-1059 and seal the drilled holes in accordance with the 
ACCOMPLISHMENT INSTRUCTIONS section of ASTA Nomad Service Bulletin 
(SB) NMD-27-24, dated October 8, 1982.
    (c) If no corrosion is present, prior to further flight, seal 
the drilled holes to prevent future corrosion in accordance with 
ACCOMPLISHMENT INSTRUCTIONS section of ASTA Nomad Service Bulletin 
(SB) NMD-27-24, dated October 8 1982.
    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Los Angeles Aircraft Certification Office, 
FAA, 3960 Paramount Blvd., Lakewood, California, 90712. The request 
shall be forwarded through an appropriate FAA Maintenance Inspector, 
who may add comments and then send it to the Manager, Los Angeles 
Aircraft Certification Office.
    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles Aircraft Certification Office.

    (f) All persons affected by this directive may obtain copies of 
the document referred to herein upon request to Aerospace 
Technologies of Australia, Limited, ASTA DEFENCE, Private Bag No. 4, 
Beach Road Lara 3212, Victoria, Australia; or may examine this 
document at the FAA, Central Region, Office of the Assistant Chief 
Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106.

    Issued in Kansas City, Missouri, on March 7, 1996.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-6126 Filed 3-13-96; 8:45 am]
BILLING CODE 4910-13-U