[Federal Register Volume 61, Number 219 (Tuesday, November 12, 1996)]
[Rules and Regulations]
[Pages 57993-57994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28164]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-CE-103-AD; Amendment 39-9808; AD 96-23-03]
RIN 2120-AA64


Airworthiness Directives; Aerospace Technologies of Australia Pty 
Ltd. (Formerly Government Aircraft Factory) Models N22B, N24A, and N22S 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
applies to Aerospace Technologies of Australia Pty Ltd. (ASTA) Models 
N22B, N24A, and N22S airplanes that are not equipped with a part number 
(P/N) 1E/N-12-57 fuselage stub fin plate (MOD N759). This action 
requires replacing the existing fuselage stub fin plate with one of 
improved design, P/N 1E/N-12-57. This action results from several 
reports of cracks along the forward flange of the fuselage stub fin 
plate in the area of Rib Water Line (WL) 138.87. The actions specified 
by this AD are intended to prevent structural failure of the fuselage 
area caused by a cracked stub fin plate, which could result in loss of 
control of the airplane.

DATES: Effective December 23, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 23, 1996.

ADDRESSES: Service information that applies to this AD may be obtained 
from Aerospace Technologies of Australia Pty Ltd., ASTA DEFENCE, 
Private Bag No. 4, Beach Road Lara 3212, Victoria, Australia. This 
information may also be examined at the Federal Aviation Administration 
(FAA), Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket 95-CE-103-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106; or at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.

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

SUPPLEMENTARY INFORMATION:

Events Leading to the AD

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to ASTA Models N22B, 
N24A, and N22S airplanes that are not equipped with a part number (P/N) 
1E/N-12-57 fuselage stub fin plate (MOD N759) was published in the 
Federal Register on July 8, 1996 (61 FR 35693). The action proposed to 
require replacing the existing fuselage stub fin plate with one of 
improved design, P/N 1E/N-12-57. Accomplishment of the proposed 
installation as specified in the notice of proposed rulemaking (NPRM) 
would be in accordance with Nomad Service Bulletin ANMD-53-13, Revision 
3, dated October 24, 1995.
    The NPRM was the result of several reports of cracks along the 
forward flange of the fuselage stub fin plate in the area of Rib Water 
Line (WL) 138.87.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposed rule or the FAA's determination of the cost to the public.

The FAA's Determination

    After careful review of all available information related to the 
subject presented above, the FAA has determined that air safety and the 
public interest require the adoption of the rule as proposed except for 
minor editorial corrections. The FAA has determined that these minor 
corrections will not change the meaning of the AD and will not add any 
additional burden upon the public than was already proposed.

Cost Impact

    The FAA estimates that 15 airplanes in the U.S. registry will be 
affected by this AD, that it will take approximately 22 workhours per 
airplane to accomplish the required action, and that the average labor 
rate is approximately $60 an hour. Parts cost approximately $150 per 
airplane. Based on these figures, the total cost impact of the AD on 
U.S. operators is estimated to be $22,050 or $1,470 per airplane. This 
figure is based on the assumption that no affected owner/operator of 
the affected airplanes has accomplished the required replacement.
    ASTA has informed the FAA that it has no records of parts 
distribution. The FAA believes that several of the affected airplanes 
already have the required replacement incorporated, which would reduce 
the cost impact upon the public.

Regulatory Impact

    The regulations adopted herein will 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 final 
rule does 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) 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 final evaluation prepared for this 
action is contained in the Rules Docket. A copy of it may be obtained 
by contacting the Rules Docket at the location provided under the 
caption ADDRESSES.

[[Page 57994]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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 U.S.C. 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:

96-23-03  Aerospace Technologies of Australia Pty Ltd.: Amendment 
39-9808; Docket No. 95-CE-103-AD.

    Applicability: Models N22B, N24A, and N22S airplanes (all serial 
numbers), certificated in any category, that are not equipped with a 
part number (P/N) 1E/N-12-57 fuselage stub fin plate (MOD N759).

    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 (c) 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 the next 100 hours time-in-service 
after the effective date of this AD, unless already accomplished.
    To prevent structural failure of the fuselage area caused by a 
cracked stub fin plate, which could result in loss of control of the 
airplane, accomplish the following:
    (a) Replace the fuselage stub fin plate with one of improved 
design, P/N 1E/N-12-57 (MOD N759), in accordance with the 
ACCOMPLISHMENT INSTRUCTIONS section of Nomad Service Bulletin ANMD-
53-13, Revision 3, dated October 24, 1995.
    (b) 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.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, FAA, Los Angeles Aircraft Certification 
Office (ACO), 3960 Paramount Boulevard, 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 ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (d) The replacement required by this AD shall be done in 
accordance with Nomad Service Bulletin ANMD-53-13, Revision 3, dated 
October 24, 1995. This incorporation by reference was approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies may be obtained from Aerospace 
Technologies of Australia Pty Ltd., ASTA DEFENCE, Private Bag No. 4, 
Beach Road Lara 3212, Victoria, Australia. Copies may be inspected 
at the FAA, Central Region, Office of the Assistant Chief Counsel, 
Room 1558, 601 E. 12th Street, Kansas City, Missouri, or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.
    (e) This amendment (39-9808) becomes effective on December 23, 
1996.

    Issued in Kansas City, Missouri, on October 28, 1996.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-28164 Filed 11-8-96; 8:45 am]
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