[Federal Register Volume 62, Number 92 (Tuesday, May 13, 1997)]
[Rules and Regulations]
[Pages 26221-26223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12246]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-CE-100-AD; Amendment 39-10022; AD 97-10-10]
RIN 2120-AA64


Airworthiness Directives; Aerospace Technologies of Australia, 
Nomad N22 and N24 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment supersedes AirworthinessDirective AD 85-21-06 
which applies to all AerospaceTechnologies of Australia (ASTA) Nomad 
N22 and N24 series airplanes and currently requires replacing the 
attachment fittings of the upper fin rear spar and the fin/horizontal 
stabilizer. This action requires removing the upper fin to stub fin 
forward attachment bolts, inspecting the attachment fittings for 
cracks, and, if no cracks are found, replacing the attachment bolts 
with bolts of improved design until the life limit of the attachment 
fittings is reached, at which time the attachment fittings would be 
replaced with improved attachment fittings. If cracks are found, this 
AD requires replacing the attachment bolts and attachment fittings. 
Cracks found in the underhead radius and at the base of the thread of 
the bolt prompted this action. The actions specified by thisAD are 
intended to prevent cracking in the upper fin and horizontal stabilizer 
attachment fittings, which if not corrected, could result in loss of 
control of the airplane.

DATES: Effective July 3, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 3, 1997.

ADDRESSES: Service information that applies to this AD may be obtained 
from AeroSpace Technologies ofAustralia, Limited, ASTA DEFENCE, Private 
Bag No. 4,Beach Road Lara 3212, Victoria, Australia. This information 
may also be examined at the FederalAviation Administration (FAA), 
Central Region, Office of the Assistant Chief Counsel, Attention: 
RulesDocket 95-CE-100-AD, Room 1558, 601 E. 12th Street,Kansas City, 
Missouri 64106; or at the Office of theFederal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Atmur,Aerospace Engineer, Los 
Angeles Aircraft CertificationOffice, FAA, 3960 Paramount Blvd., 
Lakewood,California, 90712; telephone (562) 627-5224; facsimile(562) 
627-5210.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This 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 Nomad N22 and 
N24 series airplanes was published in the Federal Register onDecember 
5, 1996 (61 FR 64489). The action proposed to require removing the 
attachment bolt, part number (P/N) 2/N-00-43, and inspecting the 
attachment fitting for cracks using a dye penetrant method. If no 
cracks are found, the AD would require replacing the bolt with a new 
bolt, P/N 3/N-00-43, and replacing the attachment fittings (P/N 1/N-12-
48, left, and 1/N-12-49, right) with attachment fittings of improved 
design (P/N 1/N-12-375, left, and 1/N-12-376, right). If

[[Page 26222]]

cracks are found, the action would require replacing the attachment 
bolts and attachment fittings at the time of inspection and prior to 
further flight. The FAA did not include the part numbers of the 
improved design attachment fittings in the published NPRM, but has 
decided to include the part numbers of the old attachment fittings and 
the improved attachment fittings in this Final Rule action for clarity.
    Accomplishment of the proposed action would be in accordance with 
Nomad Alert Service Bulletin ANMD 55-23, Revision 1, dated July 11, 
1991 and Nomad ServiceBulletin (SB) NMD-53-5, Rev. 2, dated December 6, 
1995.
    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 8 workhours per 
airplane to accomplish the inspection and bolt replacement, and that 
the average labor rate is approximately $60 an hour. Parts cost 
approximately $236 per airplane. Based on these figures, the total cost 
impact of this AD on U.S. operators is estimated to be $10,740 or $716 
per airplane. The cost of replacing the attachment fittings is not 
included in these figures because AD 85-21-06 previously accounted for 
the cost of the attachment fitting replacement.

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.

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 removing airworthiness directive 
(AD) 85-21-06, Amendment 39-5152 and by adding a new AD to read as 
follows:

97-10-10  Aerospace Technologies of Australia (ASTA): Amendment No. 
39-10022; Docket No. 95-CE-100-AD; Supersedes AD 85-21-06, Amendment 
39-5152.

    Applicability: Nomad N22 and N24 series airplanes, all serial 
numbers, that are not equipped with attachment fitting part numbers 
(P/N) 1/N-12-375 (left) and 1/N-12-376 (right), certificated in any 
category.

    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 (d) 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 as indicated in the body of this AD, unless 
already accomplished.
    To prevent cracking in the upper fin and horizontal stabilizer 
attachment fittings, which if not detected and corrected, could 
result in loss of control of the airplane, accomplish the following:
    (a) Within the next 100 hours time-in-service (TIS) after the 
effective date of this AD, remove the attachment bolt (P/N 2/N-00-
43, qty 2) and inspect the attachment bolt, vertical fin attachment 
fittings, and fin/horizontal stabilizer fittings for cracks, using a 
dye penetrant method, in accordance with the Accomplishment 
instructions section in Nomad Alert Service Bulletin (ASB) ANMD-55-
23, Revision 1, dated July 11, 1991.
    (1) If no cracks are found, prior to further flight, replace the 
attachment bolts (P/N 2/N-00-43, qty 2) with new attachment bolts 
(P/N 3/N-00-43, qty 2) in accordance with the ACCOMPLISHMENT 
INSTRUCTIONS section in Nomad ASB ANMD-55-23, Revision 1, dated July 
11, 1991.
    (2) If cracks are found, prior to further flight, replace the 
attachment bolts in accordance with the ACCOMPLISHMENT INSTRUCTIONS 
section in Nomad ASB 55-23, Revision 1, dated July 11, 1991, and 
replace the vertical fin attachment fittings and fin/horizontal 
stabilizer fittings with fittings of improved design (P/N 1/N-12-
375, left, and 1/N-12-376, right) in accordance with Nomad Service 
Bulletin (SB) NMD-53-5, Revision 2, dated December 6, 1995.
    (b) Upon the accumulation of 3,000 hours total TIS or within the 
next 50 hours TIS after the initial inspection required in paragraph 
(a) of this AD, whichever occurs later, unless previously 
accomplished in accordance with paragraph (a)(2) of this AD, replace 
the vertical fin attachment fittings and the fin/horizontal 
stabilizer fittings with attachment fittings of improved design (P/N 
1/N-12-375, left, and 1/N-12-376, right) in accordance with the 
ACCOMPLISHMENT INSTRUCTIONS section in Nomad SB NMD-53-5, Revision 
2, dated December 6, 1995.
    (c) 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.
    (d) An alternative method of compliance or adjustment of the 
compliance times 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; telephone 
(310) 627-5224; facsimile (310) 627-5210. 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 Los Angeles Aircraft Certification Office.

    (e) The inspection, modification, and replacements required by 
this AD shall be done in accordance with ASTA Nomad Alert Service 
Bulletin ANMD-55-23, Rev. 1, dated

[[Page 26223]]

July 11, 1991 and ASTA Nomad Service Bulletin NMD-53-5, Rev. 2, 
dated December 6, 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, Limited, 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.
    (f) This Amendment supersedes AD 85-21-06, Amendment 39-5152.
    (g) This Amendment (39-10022) becomes effective on July 3, 1997.

    Issued in Kansas City, Missouri, on May 1, 1995.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 97-12246 Filed 5-12-97; 8:45 am]
BILLING CODE 4910-13-U