[Federal Register Volume 67, Number 246 (Monday, December 23, 2002)]
[Rules and Regulations]
[Pages 78156-78158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31998]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-CE-60-AD; Amendment 39-12985; AD 2002-25-09]
RIN 2120-AA64


Airworthiness Directives; Air Tractor, Inc. Models AT-250, AT-
300, AT-301, AT-302, AT-400, AT-400A, AT-401, AT-401A, AT-402, AT-402A, 
AT-501, AT-502, and AT-502A 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 certain Air Tractor, Inc. (Air Tractor) Models AT-250, AT-
300, AT-301, AT-302, AT-400, AT-400A, AT-401, AT-401A, AT-402, AT-402A, 
AT-501, AT-502, and AT-502A airplanes. This AD requires you to install 
an overturn skid plate in the cockpit area. This AD is the result of 
reports of foreign material entering the cabin area during an overturn 
skid of the affected airplanes. The actions specified by this AD are 
intended to minimize the possibility of dirt or mud penetrating the 
cockpit in case of an aircraft overturn. Such mud and dirt penetration 
into the cockpit could lead to pilot asphyxia or injury.

DATES: This AD becomes effective on February 10, 2003.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the regulations as of 
February 10, 2003.

ADDRESSES: You may get the service information referenced in this AD 
from Air Tractor, Inc., P.O. Box 485, Olney, Texas 76374. You may view 
this information at the Federal Aviation Administration (FAA), Central 
Region, Office of the Regional Counsel, Attention: Rules Docket No. 
2000-CE-60-AD, 901 Locust, Room 506, 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: Andrew McAnaul, Aerospace Engineer, 
FAA, Fort Worth Airplane Certification Office, 2601 Meacham Boulevard, 
Fort Worth, Texas 76193-0150; telephone: (817) 222-5156; facsimile: 
(817) 222-5960.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The FAA has received accident 
reports on Air Tractor Models AT-301 and AT-401 airplanes. The reports 
indicate that the aircraft skids tail first after an overturn, the 
windshield and curved overturn tube act as a scoop, foreign material 
enters the cockpit if the top of the canopy is damaged, and this 
foreign material then enters into the cabin area and possibly 
contributes to pilot deaths.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to certain Air Tractor Models AT-250, 
AT-300, AT-301, AT-302, AT-400, AT-400A, AT-401, AT-401A, AT-402, AT-
402A, AT-501, AT-502, and AT-502A airplanes. This proposal was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on August 29, 2002 (67 FR 55360). The NPRM proposed to require 
you to install an overturn skid plate in the cockpit area. The actions 
specified by this proposed AD are intended to minimize the possibility 
of dirt or mud penetrating the cockpit in case of an aircraft overturn.
    What is the potential impact if FAA took no action? Such mud and 
dirt penetration into the cockpit could lead to pilot asphyxia or 
injury.
    Was the public invited to comment? The FAA encouraged interested 
persons to participate in the making of this amendment. The following 
presents the comments received on the proposal and FAA's response to 
each comment:

[[Page 78157]]

Comment Issue No. 1: Remove the Air Tractor Model AT-502A Designation 
From the Applicability

    What is the commenter's concern? The commenter states that the Air 
Tractor Model AT-502A airplanes did not start production until after 
serial numbers applicable to the AD. Furthermore, the commenter states 
skid plates were installed on all Model AT-502A airplanes during 
factory production. The commenter wants Air Tractor Model AT-502A 
airplanes removed from the applicability section of the final rule AD 
action.
    What is FAA's response to the concern? We do not concur. Air 
Tractor confirms that there is the possibility of one Model AT-502A 
airplane (converted from an early production AT-503, and with one of 
the affected serial numbers) in operation that did not receive the skid 
plate installation.
    We are not changing the final rule AD action based on this comment.

Comment Issue No. 2: Correct Wording in the Summary and Related AD 
Section

    What is the commenter's concern? The commenter states that the 
following sentence in the NPRM Summary and proposed AD paragraph 2(c) 
is misleading: ``The proposed AD is the result of reports of foreign 
material entering the cabin area and contributing to accidents of the 
affected airplanes.'' The commenter states that the sentence is 
misleading in that it implies that entering foreign material has caused 
an accident and does not indicate that an accident (an overturn of the 
aircraft) has already occurred. The commenter wants the sentence 
corrected to indicate the possibility of foreign material entering the 
cockpit after an accident where the aircraft has overturned.
    What is FAA's response to the concern? We agree with the commenter. 
The final rule AD Summary and AD paragraph 2(c) will be changed to 
indicate the possibility of foreign material entering the cockpit after 
an accident where the aircraft has overturned.
    We will change the final rule AD action to incorporate these 
changes.

FAA's Determination

    What is FAA's final determination on this issue? We carefully 
reviewed all available information related to the subject presented 
above and determined that air safety and the public interest require 
the adoption of the rule as proposed except for the changes discussed 
above and minor editorial questions. We have determined that these 
changes and minor corrections:

--Provide the intent that was proposed in the NPRM for correcting the 
unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

Cost Impact

    How many airplanes does this AD impact? We estimate that this AD 
affects 845 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? We estimate the following costs to accomplish the 
modification:

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                                                                             Total cost
                          Labor cost                            Parts cost      per          Total cost U.S.
                                                                              airplane          operators
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6 workhours x $60 = $360.....................................         $300         $660    845 x $660 = $557,700
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Regulatory Impact

    Does this AD impact various entities? The regulations adopted 
herein will 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. Therefore, it is determined that this final rule does not 
have federalism implications under Executive Order 13132.
    Does this AD involve a significant rule or regulatory action? 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, under 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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2002-25-09 Air Tractor, Inc.: Amendment 39-12985; Docket No. 2000-
CE-60-AD.

    (a) What airplanes are affected by this AD? This AD affects the 
following airplane models and serial numbers that are certificated 
in any category;

------------------------------------------------------------------------
                  Models                             Serial Nos.
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AT-250, AT-300, AT-301, AT-302, AT-400, AT- All through 0829.
 400A, AT-401, AT-401A, AT-402, and AT-
 402A.
AT-501, AT-502, and AT-502A...............  All through 0147.
------------------------------------------------------------------------

    (b) Who must comply with this AD? Anyone who wishes to operate 
any of the airplanes identified in paragraph (a) of this AD must 
comply with this AD.
    (c) What problem does this AD address? The actions specified by 
this AD are intended to minimize the possibility of dirt or mud 
penetrating the cockpit in case of an aircraft overturn. Such mud 
and dirt penetration into the cockpit could lead to pilot asphyxia 
or injury.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

[[Page 78158]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
Install overturn skid plate,  Within the next 180   In accordance with
 part number (P/N) 11411-1-    days after February   Snow Engineering
 500, or FAA-approved          10, 2003 (the         Company Service
 equivalent P/N.               effective date of     Letter 97,
                               this AD), unless      dated March 23,
                               already               1991, Revised
                               accomplished..        October 3, 2000,
                                                     and the applicable
                                                     maintenance manual.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? You may use an 
alternative method of compliance or adjust the compliance time if:
    (1) Your alternative method of compliance provides an equivalent 
level of safety; and
    (2) The Manager, Fort Worth Aircraft Certification Office (ACO), 
approves your alternative. Submit your request through an FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Fort Worth ACO.

    Note: This AD applies to each airplane identified in paragraph 
(a) of this AD, 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 you have not eliminated the unsafe condition, specific 
actions you propose to address it.

    (f) Where can I get information about any already-approved 
alternative methods of compliance? Contact Andrew McAnaul, Aerospace 
Engineer, FAA, Fort Worth Airplane Certification Office, 2601 
Meacham Boulevard, Fort Worth, Texas 76193-0150; telephone: (817) 
222-5156; facsimile: (817) 222-5960.
    (g) What if I need to fly the airplane to another location to 
comply with this AD? The FAA can issue a special flight permit under 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate your airplane to a location where 
you can accomplish the requirements of this AD.
    (h) Are any service bulletins incorporated into this AD by 
reference? Actions required by this AD must be done in accordance 
with Snow Engineering Company Service Letter  97, dated 
March 23, 1991, Revised October 3, 2000. The Director of the Federal 
Register approved this incorporation by reference under 5 U.S.C. 
552(a) and 1 CFR part 51. You may get copies from Air Tractor, Inc., 
P.O. Box 485, Olney, Texas 76374. You may view copies at the FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri, or at the Office of the Federal 
Register, 800 North Capitol Street, NW, suite 700, Washington, DC.
    (i) When does this amendment become effective? This amendment 
becomes effective on February 10, 2003.

    Issued in Kansas City, Missouri, on December 13, 2002.
Dorenda D. Baker,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-31998 Filed 12-20-02; 8:45 am]
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