[Federal Register Volume 68, Number 159 (Monday, August 18, 2003)]
[Proposed Rules]
[Pages 49390-49393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20984]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-21-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 adopt a new airworthiness directive 
(AD) that would apply to all AeroSpace Technologies of Australia Pty 
Ltd. (ASTA) Models N22B and N24A airplanes. This proposed AD would 
require you to visually inspect the ailerons for damage and replace if 
necessary; adjust the engine power levers aural warning microswitches; 
set flap extension and flap down operation limitations; and fabricate 
and install cockpit flap extension and flap down operation restriction 
placards. This proposed AD is the result of mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for Australia. The actions specified by this proposed AD are intended 
to prevent damage to the aileron due to airplane operation and pre-
existing and undetected damage, which could result in failure of the 
aileron. Such failure could lead to reduced or loss of control of the 
airplane.

DATES: The Federal Aviation Administration (FAA) must receive any 
comments on this proposed rule on or before September 19, 2003.

ADDRESSES: Submit comments to FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-21-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-21-AD'' 
in the subject line. If you send comments electronically as attached 
electronic files, the files must be formatted in 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-21-AD.'' We will date stamp and mail the postcard 
back to you.

Discussion

    What events have caused this proposed AD? The Civil Aviation Safety 
Authority (CASA), which is the airworthiness authority for Australia, 
recently notified FAA that an unsafe condition may exist on all ASTA 
Models N22B and N24A airplanes. The CASA reports several incidents of 
ailerons incurring damage during flight. Extensive tests and analysis 
revealed that the cause of the damage to the ailerons is a result of 
operation outside approved limits and undetected pre-existing damage. 
This condition causes the aileron to flutter as well as damage and 
failure.
    The CASA lowered the operational limits of the affected airplanes 
in order to prevent damage from occurring. Additional reports of 
aileron flutter have been received even when operating within these 
lower approved limits.
    As a precautionary measure, the CASA is further restricting flight 
operations.

[[Page 49391]]

    What are the consequences if the condition is not corrected? If 
this condition is not corrected, it could result in aileron failure. 
Such failure could lead to reduced or loss of control of the airplane.
    Is there service information that applies to this subject? ASTA has 
issued Nomad Alert Service Bulletin ANMD-57-18, dated December 19, 
2002.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Adjusting the engine power levers aural warning microswitches;
--Setting flap extension and flap down operation limitations; and
--Fabricating and installing cockpit flap extension and flap down 
operation restriction placards.

    What action did the CASA take? The CASA classified this service 
bulletin as mandatory and issued Australian AD/GAF-N22/69, Amendment 4, 
dated February 27, 2003, 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 
section 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 other ASTA 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; and
--AD action should be taken in order to correct this unsafe condition.

    What would this proposed AD require? This proposed AD would require 
you to visually inspect the ailerons for damage and replace if 
necessary, and incorporate the actions in the previously-referenced 
service bulletin.
    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 relates 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 the proposed inspection:

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                                                                     Total  cost
               Labor cost                        Parts cost              per      Total cost  on U.S.  operators
                                                                      airplane
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1 workhours x $60 per hour = $60.......  Not applicable...........          $60   10 x $60 = $600
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    We estimate the following costs to accomplish any necessary 
replacements that would be required based on the results of this 
proposed inspection. We have no way of determining the number of 
airplanes that may need such repair/replacement:

----------------------------------------------------------------------------------------------------------------
                   Labor cost                      Parts cost                Total cost per airplane
----------------------------------------------------------------------------------------------------------------
10 workhours x $60 per hour = $600..............       $1,250   $600 + $1,250 = $1,850
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    We estimate the following costs to accomplish the proposed 
modifications:

----------------------------------------------------------------------------------------------------------------
                                                            Total  cost
                 Labor cost                   Parts cost        per           Total cost  on U.S.  operators
                                                             airplane
----------------------------------------------------------------------------------------------------------------
10 workhours x $60 per hour = $600.........         $100          $700   $700 x 10 = $7,000
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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 proposed 
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.

[[Page 49392]]

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 
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 airworthiness directive 
(AD) to read as follows:

Aerospace Technologies of Australia PTY LTD.: Docket No. 2003-CE-21-
AD

    (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 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 prevent damage to the aileron due to 
airplane operation and pre-existing and undetected damage, which 
could result in failure of the aileron. Such failure could lead to 
reduced or loss of control 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) Visually inspect the      Inspect within the    In accordance with
 left-hand (LH) and right-     next 50 hours time-   the applicable
 hand (RH) ailerons for        in-service (TIS)      maintenance manual.
 damage (i.e., distortion,     after the effective
 bending, impact marks).       date of this AD,
 Repair or replace any         unless already
 damaged aileron found..       accomplished.
                               Repair or replace
                               prior to further
                               flight after the
                               inspection.
(2) Adjust the engine power   Within the next 50    In accordance with
 lever actuated landing gear   hours time-in-        Nomad Alert Service
 ``up'' aural warning          service (TIS) after   Bulletin ANMD-57-
 microswitches and then        the effective date    18, dated December
 perform a ground test.        of this AD, unless    19, 2002.
                               already
                               accomplished.
(3) For Model N22B            Within the next 50    In accordance with
 airplanes:                    hours time-in-        Normad Alert
(i) Fabricate placards that    service (TIS) after   Service Bulletin
 incorporate the following     the effective date    ANMD-57-18, dated
 words (using at least 1/8-    of this AD, unless    December 19, 2002.
 inch letters) and install     already               Accomplish the
 these placards on the         accomplished.         limitations of
 instrument panel within the                         paragraph
 pilot's clear view:.                                (d)(4)(ii)(A) and
(A) ``RECOMMENDED APPROACH                           (d)(4)(ii)(B) of
 FLAPS 10 OR 20 DEG AT 90                            this AD by
 KIAS'';.                                            inserting a copy of
(B) ``USE 10[deg] or 20[deg]                         the AD into the
 FLAP FOR TAKE-OFF AND                               Limitations Section
 LANDING--WARNING--DO NOT                            of the flight
 EXCEED 20[deg] FLAP                                 manual. The owner/
 EXTENSION DURING FLIGHT,                            operator holding at
 LANDING GEAR UP WARNING                             least a private
 WILL INITIATE FOR A TORQUE                          pilot certificate
 PRESSURE OF LESS THAN 30                            as authorized by
 PSI''; and.                                         section 43.7 of the
(ii) Incorporate the                                 Federal Aviation
 following information into                          Regulations (14 CFR
 the limitation section of                           43.7) may
 the Airplane Flight Manual                          accomplish this
 (AFM);.                                             flight manual
(A) Limit the maximum flap                           insertion and the
 extension to 20 degrees;                            placard
 and.                                                requirements of
(B) Limit flaps down                                 paragraph
 operations landing for                              (d)(4)(i)(A) and
 10[deg] flap..                                      (d)(4)(i)(B) of
                                                     this AD. Make an
                                                     entry into the
                                                     aircraft records
                                                     showing compliance
                                                     wit these portions
                                                     of the AD in
                                                     accordance with
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
(4) For Model N24A            Within the next 50    In accordance with
 airplanes:                    hours time-in-        Nomad Alert Service
(i) Fabricate a placard that   service (TIS) after   bulletin ANMD-57-
 incorporates the following    the effective date    18, dated December
 words (using at least \1/8\-  of this AD, unless    19, 2002.
 inch letters) and install     already               Accomplish the
 this placard on the           accomplished.         limitations of
 instrument panel within the                         paragraphs
 pilot's clear view:.                                (d)(5)(ii)(A) and
(A) ``USE 10[deg] FLAP FOR                           (d)(5)(ii)(B) of
 TAKE-OFF AND LANDING--                              this AD by
 WARNING--DO NOT EXCEED                              inserting a copy of
 10[deg] FLAP EXTENSION                              the AD into the
 DURING FLIGHT, LANDING GEAR                         Limitations Section
 UP WARNING WILL INITIATE                            of the flight
 FOR A TORQUE PRESSURE OF                            manual. the owner/
 LESS THAN 30 PSI''; and.                            operator holding at
(ii) Incorporate the                                 least a private
 following information into                          pilot certificate
 the limitation section of                           as authorized by
 the Airplane Flight Manual                          section 43.7 of the
 (AFM):.                                             Federal Aviation
(A) Limit the maximum flap                           Regulations (14 CFR
 extension to 10 degrees;                            43.7) may
 and.                                                accomplish this
(B) Limit flaps down                                 flight manual
 operations for landing to                           insertion and the
 10[deg] flap..                                      placard requirement
                                                     of paragraph
                                                     (d)(5)(i)(A) of
                                                     this AD. Make an
                                                     entry into the
                                                     aircraft records
                                                     showing compliance
                                                     with these portions
                                                     of the AD in
                                                     accordance with
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
------------------------------------------------------------------------

    (e) Can I comply with this AD in any other way? To use an 
alternative method of compliance or adjust the compliance time, 
follow the procedures in 14 CFR 39.19. Send these requests to the 
Manager, Standards Office, Small Airplane Directorate. 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.
    (f) How do I get copies of the documents referenced in this AD? 
You may get copies of the documents referenced in this 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

[[Page 49393]]

may view these documents at FAA, Central Region, Office of the 
Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

    Note: The subject of this AD is addressed in Australian AD/GAF-
N22/69, Amendment 4, dated February 27, 2003.


    Issued in Kansas City, Missouri, on August 12, 2003.
Diane K. Malone,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-20984 Filed 8-15-03; 8:45 am]
BILLING CODE 4910-13-P