[Federal Register Volume 68, Number 210 (Thursday, October 30, 2003)]
[Proposed Rules]
[Pages 61766-61768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27212]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-38-AD]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Corporation, Ltd. 
Models FU24-954 and FU24A-954 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Pacific Aerospace Corporation, Ltd. Models FU24-954 and FU24A-
954 airplanes. This proposed AD would require you to perform repetitive 
detailed visual inspections of the forward vertical fin base for 
cracks. If any cracks or discrepancies are found, you must repair the 
structure before further flight and notify the FAA. This proposed AD is 
the result of mandatory continuing airworthiness information (MCAI) 
issued by the airworthiness authority for New Zealand. We are issuing 
this proposed AD to detect and correct cracks in the vertical fin base, 
which could result in loss of the fin and loss of aircraft control.

DATES: We must receive any comments on this proposed AD by December 8, 
2003.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
    [sbull] By mail: FAA, Central Region, Office of the Regional 
Counsel, Attention: Rules Docket No. 2003-CE-38-AD, 901 Locust, Room 
506, Kansas City, Missouri 64106.
    [sbull] By fax: (816) 329-3771.
    [sbull] By e-mail: [email protected]. Comments sent 
electronically must contain ``Docket No. 2003-CE-38-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.
    You may view the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-38-AD, 901 
Locust, Room 506, Kansas City, Missouri 64106. Office hours are 8 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
Small Airplane Directorate, 901 Locust, Room 302, Kansas City, MO 
64106; telephone: 816-329-4146; facsimile: 816-329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

How Do I Comment on This Proposed AD?

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposal. Send your comments to an address 
listed under ADDRESSES. Include ``AD Docket No. 2003-CE-38-AD'' in the 
subject line of your comments. If you want us to acknowledge receipt of 
your mailed comments, send us a self-addressed, stamped postcard with 
the docket number written on it. We will date-stamp your postcard and 
mail it back to you.

Are There Any Specific Portions of This Proposed AD I Should Pay 
Attention to?

    We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. If you 
contact us through a nonwritten communication and that contact relates 
to a substantive part of this proposed AD, we will summarize the 
contact and place the summary in the docket. We will consider all 
comments received by the closing date and may amend this proposed AD in 
light of those comments and contacts.

Discussion

What Events Have Caused This Proposed AD?

    The CAA, which is the airworthiness authority for New Zealand, 
notified the FAA of an unsafe condition that may exist on all Pacific 
Aerospace Corporation, Ltd. Models FU24-954 and FU24A-954 airplanes. 
The CAA reports a recent fatal accident where the aircraft's fin 
separated in flight. Initial investigation of this accident indicates 
that the forward fin structure failed from fatigue cracks that were 
concealed beneath the rubber abrasion protection fitted to the fin.

What Are the Consequences if the Condition Is Not Corrected?

    Failure to detect cracks in the vertical fin base could result in 
loss of the fin and loss of aircraft control.

Is There Service Information That Applies to This Subject?

    No.

What Action Did the CAA Take?

    The CAA issued New Zealand AD Number DCA/FU24/173, dated 23 April 
2002, in order to ensure the continued airworthiness of these airplanes 
in New Zealand.

Was This in Accordance With the Bilateral Airworthiness Agreement?

    These Pacific Aerospace Corporation, Ltd. Models FU24-954 and 
FU24A-954 airplanes are manufactured in New Zealand 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.
    Per this bilateral airworthiness agreement, the CAA has kept us

[[Page 61767]]

informed of the situation described above.

FAA's Determination and Requirements of This Proposed AD

What Has FAA Decided?

    We have examined the CAA's findings, reviewed all available 
information, and determined that AD action is necessary for products of 
this type design that are certificated for operation in the United 
States.
    Since the unsafe condition described previously is likely to exist 
or develop on other Pacific Aerospace Corporation, Ltd. Models FU24-954 
and FU24A-954 airplanes of the same type design that are registered in 
the United States, we are proposing AD action to detect cracks in the 
vertical fin base, which could result in loss of the fin and loss of 
aircraft control.

What Would This Proposed AD Require?

    This proposed AD would require you to perform repetitive detailed 
visual inspections of the forward vertical fin base for cracks. If any 
cracks or discrepancies are found, you must repair the structure before 
further flight and notify the FAA.

How Does the Revision to 14 CFR Part 39 Affect This Proposed AD?

    On July 10, 2002, we 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 altered products, 
special flight permits, and alternative methods of compliance. 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.

Costs of Compliance

How Many Airplanes Would This Proposed AD Impact?

    We estimate that this proposed AD affects 2 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 
inspection:

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                                                                                                   Total cost on
               Labor cost                         Parts cost            Total cost per airplane   U.S. operators
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8 work hours est. $60 per hour = $480...  No parts needed for         $480 per airplane.........            $960
                                           inspection.
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    The FAA has no method of determining the number of repairs each 
owner/operator would incur over the life of each of the affected 
airplanes based on the results of the proposed inspections. We have no 
way of determining the number of airplanes that may need such repair. 
The extent of damage may vary on each airplane.

Regulatory Findings

Would This Proposed AD Impact Various Entities?

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.

Would This Proposed AD Involve a Significant Rule or Regulatory Action?

    For the reasons discussed above, I certify that this proposed AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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.
    We prepared a summary of the costs to comply with this proposed AD 
and placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket No. 2003-CE-38-AD'' in your request.

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 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. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Pacific Aerospace Corporation, Ltd.: Docket No. 2003-CE-38-AD.

When Is the Last Date I Can Submit Comments on This Proposed AD?

    (a) We must receive comments on this proposed airworthiness 
directive (AD) by December 8, 2003.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects the following airplane models and serial 
numbers that are certificated in any category: Pacific Aerospace 
Corporation, Ltd. Models FU24-954 and FU24A-954 airplanes, all 
serial numbers, that are certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of a recent fatal accident where the 
aircraft's fin separated in flight. The actions specified in this AD 
are intended to detect and correct cracks in the vertical fin base, 
which could result in loss of the fin or loss of control of the 
aircraft.

What Must I Do To Address This Problem?

    (e) To address this problem, you must accomplish the following:

[[Page 61768]]



------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Perform visual inspection of  Initially inspect   Inspect from the
 the forward area at the base of   within the next     bottom of the fin
 the fin for cracks.               50 hours time-in-   up to the first
                                   service (TIS)       external strap,
                                   after the           paying particular
                                   effective date of   attention to the
                                   this AD.            skin in the area
                                   Repetitively        of the rivets
                                   inspect every 100   that join the fin
                                   hours TIS           skin to bulkhead,
                                   thereafter.         part number (P/N)
                                                       242305, and aft
                                                       to the first
                                                       vertical lap
                                                       joint. To do this
                                                       inspection,
                                                       remove any rubber
                                                       abrasion
                                                       protection that
                                                       is fitted in this
                                                       area, including
                                                       any sealant. You
                                                       must also remove
                                                       the fin leading
                                                       edge fairing, P/N
                                                       242321.
(2) Repair any cracks that are    Prior to further    Obtain FAA-
 found during the inspection.      flight after        approved repair
                                   doing any           scheme from
                                   inspection          manufacturer and
                                   required in         notify FAA at the
                                   paragraph (e)(1)    address and phone
                                   of this AD.         number in
                                                       paragraph (f) of
                                                       this AD.
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What About Alternative Methods of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.13. Send your request to the Manager, FAA, Small Airplane 
Directorate. For information on any already approved alternative 
methods of compliance, contact Karl Schletzbaum, Aerospace Engineer, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, MO 
64106; telephone: 816-329-4146; facsimile: 816-329-4090.

Is There Other Information That Relates to This Subject?

    (g) CAA airworthiness directive DCA/FU24/173, dated April 23, 
2002, also addresses the subject of this AD.

    Issued in Kansas City, Missouri, on October 22, 2003.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 03-27212 Filed 10-29-03; 8:45 am]
BILLING CODE 4910-13-P