[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Proposed Rules]
[Pages 22636-22639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10516]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-04-AD]
RIN 2120-AA64


Airworthiness Directives; AeroSpace Technologies of Australia Pty 
Ltd. Models N22B and N24A Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes to supersede Airworthiness Directive 
(AD) 82-12-06, which applies to certain AeroSpace Technologies of 
Australia Pty Ltd. (ASTA) Models N22B and N24A airplanes. AD 82-12-06 
currently requires repetitive visual inspections of all rudder control 
lever shaft assemblies for cracks and discrepancies, and, if cracks or 
discrepancies are found, it requires replacement with new or 
serviceable rudder control shafts, and a check of the fit of all rod 
end bearings in lever shafts. AD 82-12-06 also allows you to inspect 
all lever shafts by magnetic particle inspection or dye penetrant 
methods as terminating action for the repetitive visual inspections. 
This proposed AD is the result of recent reports of failures of the 
upper control lever torque shaft due to fatigue loading on the affected 
airplanes, including those that included the terminating actions. This 
proposed AD would require more detailed repetitive inspections (than 
there are in AD 82-12-06) of the upper and lower rudder pedal torque 
shafts and a one-time inspection for discrepancies in the thickness of 
the lever shaft side plates with appropriate follow-up action. The 
actions specified by this proposed AD are intended to detect and 
correct cracks in the rudder control lever torque shafts and 
discrepancies in the thickness of the lever shaft side plates, which 
could result in failure of the rudder control lever torque shaft. Such 
failure could lead to reduced controllability of the airplane.

DATES: The FAA must receive any comments on this rule on or before June 
9, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-04-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. You may view any 
comments at this location between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. You may also send comments 
electronically to the following address: [email protected]. 
Comments sent electronically must contain ``Docket No. 2003-CE-04-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in

[[Page 22637]]

Microsoft Word 97 for Windows or ASCII text.
    You may get service information that applies to this proposed AD 
from Nomad Operations, Aerospace Support Division, Boeing Australia, PO 
Box 767, Brisbane, QLD 4000 Australia; telephone 61 7 3306 3366; 
facsimile 61 7 3306 3111. You may also view this information at the 
Rules Docket at the address above.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? The FAA invites comments on 
this proposed rule. You may submit whatever written data, views, or 
arguments you choose. You need to include the proposed rule's docket 
number and submit your comments to the address specified under the 
caption ADDRESSES. We will consider all comments received on or before 
the closing date. We may amend this proposed rule in light of comments 
received. Factual information that supports your ideas and suggestions 
is extremely helpful in evaluating the effectiveness of this proposed 
AD action and determining whether we need to take additional rulemaking 
action.
    Are there any specific portions of this proposed AD I should pay 
attention to? The FAA specifically invites comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed rule that might suggest a need to modify the rule. You may 
view all comments we receive before and after the closing date of the 
rule in the Rules Docket. We will file a report in the Rules Docket 
that summarizes each contact we have with the public that concerns the 
substantive parts of this proposed AD.
    How can I be sure FAA receives my comment? If you want FAA to 
acknowledge the receipt of your mailed comments, you must include a 
self-addressed, stamped postcard. On the postcard, write ``Comments to 
Docket No. 2003-CE-04-AD.'' We will date stamp and mail the postcard 
back to you.

Discussion

    Has FAA taken any action to this point? Reports of cracking and 
other discrepancies on rudder control lever shaft assemblies on certain 
ASTA Models N22B and N24A airplanes caused us to issue AD 82-12-06, 
Amendment 39-4399. AD 82-12-06 currently requires the following on 
certain ASTA Models N22B and N24A airplanes:
    --Repetitively inspecting visually all rudder control lever shafts 
for cracking;
    --If cracks are found, before further flight, replacing with new or 
serviceable rudder control shafts;
    --Checking for clearance of the fit of all rod end bearings in 
lever shafts; and
    --Discontinuing the repetitive visual inspections when lever shafts 
are inspected either by magnetic particle inspection or dye penetrant 
methods.
    What has happened since AD 82-12-06 to initiate this proposed 
action? The Civil Aviation Safety Authority (CASA), which is the 
airworthiness authority for Australia, recently notified FAA of the 
need to change AD 82-12-06. The CASA reports failures of the rudder 
control lever shaft. All the failures have occurred during ground 
operations and nosewheel steering/rudder loads are now considered the 
primary cause of the failure.
    Some of the failures occurred on airplanes where the terminating 
action of AD 82-12-06 was incorporated.
    Is there service information that applies to this subject? ASTA has 
issued Nomad Alert Service Bulletin ANMD-27-51, dated September 13, 
2002.
    What are the provisions of this service bulletin? The service 
bulletin includes procedures for:
    --Repetitively inspecting, using either dye penetrant or magnetic 
particle methods and measurements, rudder control lever shafts for 
cracks;
    --Inspecting (one-time) all lever shaft side plates by measuring 
the thickness; and
    --If cracks or discrepancies in thickness are found, replacing 
unserviceable parts with new or serviceable parts.
    What action did the CASA take? The CASA classified this service 
bulletin as mandatory and issued Australian AD GAF-N22/44, dated 
November 14, 2002, in order to ensure the continued airworthiness of 
these airplanes in Australia.
    Was this in accordance with the bilateral airworthiness agreement? 
These airplane models are manufactured in Australia and are type 
certificated for operation in the United States under the provisions of 
Sec.  21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement.
    Pursuant to this bilateral airworthiness agreement, the CASA has 
kept FAA informed of the situation described above.

The FAA's Determination and an Explanation of the Provisions of This 
Proposed AD

    What has FAA decided? The FAA has examined the findings of the 
CASA; reviewed all available information, including the service 
information referenced above; and determined that:
    --The unsafe condition referenced in this document exists or could 
develop on Models N22B and N24A airplanes of the same type design that 
are on the U.S. registry;
    --The actions specified in the previously-referenced service 
information should be accomplished on the affected airplanes including 
those that have the terminating action of AD 82-12-06 incorporated; and
    --AD action should be taken in order to correct this unsafe 
condition.
    What would this proposed AD require? This proposed AD would 
supersede AD 82-12-06 with a new AD that would require the actions 
specified in the above-referenced service information.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, FAA published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs FAA's AD system. This regulation 
now includes material that relate to special flight permits, 
alternative methods of compliance, and altered products. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Cost Impact

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 10 airplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected airplanes? We estimate the following costs to 
accomplish this proposed initial inspection:

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                                                                                           Total cost
              Labor cost                                   Parts cost                     Per Airplane            Total cost in U.S. operators
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12 workhours x $60 per hour = $720...  Not Applicable...................................         $720   10 x $720 = $7,200.
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[[Page 22638]]

    We estimate the following costs to accomplish any necessary 
repetitive inspections:

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           Labor cost                              Parts cost                        Total cost per airplane
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2 workhours x $60 per hour =      Not Applicable..............................                            $120.
 $120.
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    We estimate the following costs to accomplish any necessary lever 
shaft replacements that would be required based on the results of the 
proposed inspections. We have no way of determining the number of 
airplanes that may need such replacement:

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                Labor cost                    Parts cost                   Total cost per airplane
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12 workhours x $60 per hour = $720.......            $930   $720 + $930 = $1650.
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    We estimate the following costs to accomplish any necessary lever 
shaft side plate replacements that would be required based on the 
results of the proposed inspection. We have no way of determining the 
number of airplanes that may need such replacement:

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                Labor cost                    Parts cost                   Total cost per airplane
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12 workhours x $60 per hour = $720.......            $930   $720 + $930 = $1650.
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Regulatory Impact

    Would this proposed AD impact various entities? The regulations 
proposed herein 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. Therefore, it is determined that this 
proposed rule would not have federalism implications under Executive 
Order 13132.
    Would this proposed 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) 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, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 14 
CFR part 39 of the Federal Aviation Regulations 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 removing Airworthiness Directive (AD) 
82-12-06, Amendment 39-4399, and by adding a new AD to read as follows:

Aerospace Technologies of Australia PTY LTD.: Docket No. 2003-CE-04-
AD; Supersedes AD 82-12-06, Amendment 39-4399.

    (a) What airplanes are affected by this AD? This AD affects 
Models N22B and N24A airplanes, all serial numbers, that are 
certificated in any category.
    (b) Who must comply with this AD? Anyone who wishes to operate 
any of 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 detect and correct cracks in the rudder 
control lever torque shafts and discrepancies in the thickness of 
the lever shaft side plates, which could result in failure of the 
rudder control lever torque shaft. Such failure could lead to 
reduced controllability of the airplane.
    (d) What actions must I accomplish to address this problem? To 
address this problem, you must accomplish the following:

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           Actions                 Compliance            Procedures
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(1) Inspect the rudder        Within the next 100   In accordance with
 control lever shafts, part    hours time-in-        Nomad Alert Service
 numbers (P/N) 2/N-45-1102,    service (TIS) after   Bulletin ANMD-27-
 1/N-45-1103, and 1/N-45-      the effective date    51, dated September
 1104 (or FAA-approved         of this AD, unless    13, 2002, and the
 equivalent part numbers)      already               applicable
 for cracks use dye            accomplished.         maintenance manual.
 penetrant while the shaft
 is installed; or either dye
 penetrant inspection or
 magnetic particle methods
 if the shaft is removed.
(2) Inspect all lever shaft   Within the next 100   In accordance with
 side plates on P/Ns 2/N-45-   hours TIS after the   Nomad Alert Service
 1102, 1/N-45-1103, and 1/N-   effective date of     Bulletin ANMD-27-
 45-1104 (or FAA-approved      this AD, unless       51, dated September
 equivalent part numbers) by   already               13, 2002, and the
 measuring the thickness for   accomplished.         applicable
 discrepancies.                                      maintenance manual.

[[Page 22639]]

 
(3) Visually inspect all      Repetitively inspect  In accordance with
 rudder control lever shafts   at intervals not to   Nomad Alert Service
 P/Ns 2/N-45-1102, 1/N-45-     exceed 100 hours      Bulletin ANMD-27-
 1103, and 1/N-45-1104 (or     TIS after the         51, dated September
 FAA-approved equivalent       inspection required   13, 2002, and the
 part numbers) for cracks.     in paragraph (d)(1)   applicable
                               of this AD.           maintenance manual.
(4) If damage is found        Prior to further      In accordance with
 during any inspection         flight after any      Nomad Alert Service
 required by this AD:          inspection required   bulletin ANMD-27-
(i) for lever shafts found     by this AD.           51, dated September
 with crack damage, replace                          13, 2002, and the
 with new or serviceable                             applicable
 items.                                              maintenance manual.
(ii) For discrepancies in
 the thickness of lever
 shaft side plates, obtain a
 repair scheme from the
 manufacturer through FAA at
 the address specified in
 paragraph (e) of this AD
 and incorporate this repair
 scheme.
(iii) Repairable and
 nonrepairable damage is
 defined in the service
 information.
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way?
    (1) To use an alternative method of compliance or adjust the 
compliance time, follow the procedures in 14 CFR 39.13. Send these 
requests to the Manager, Los Angeles Aircraft Certification Office. 
For information on any already approved alternative methods of 
compliance, contact Ron Atmur, Aerospace Engineer, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712; telephone (562) 627-5224; facsimile (562) 627-
5210.
    (2) Alternative methods of compliance approved in accordance 
with AD 82-12-06, which is superseded by this AD, are not approved 
as alternative methods of compliance with this AD.
    (f) How do I get copies of the documents referenced in this AD? 
You may obtain copies of the documents referenced in this AD from 
Nomad Operations, Aerospace Support Division, Boeing Australia, PO 
Box 767, Brisbane, QLD 4000 Australia; telephone 617 3306 3366; 
facsimile 61 7 3306 3111. You may examine these documents at FAA, 
Central Region, Office of the Regional Counsel, 901 Locust, Room 
506, Kansas City, Missouri 64106.
    (g) Does this AD action affect any existing AD actions? This 
amendment supersedes AD 82-12-06, Amendment 39-4399.

    Note: The subject of this AD is addressed in Australian AD GAF-
N22/44, dated November 14, 2002.


    Issued in Kansas City, Missouri, on April 21, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-10516 Filed 4-28-03; 8:45 am]
BILLING CODE 4910-13-P