[Federal Register Volume 68, Number 219 (Thursday, November 13, 2003)]
[Rules and Regulations]
[Pages 64270-64273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27921]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-21-AD; Amendment 39-13361; AD 2003-22-13]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for all 
AeroSpace Technologies of Australia Pty Ltd. (ASTA) Models N22B and 
N24A airplanes. This AD requires 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 AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for Australia. We are issuing this AD 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: This AD becomes effective on December 23, 2003.
    As of December 23, 2003, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: You may get the service information identified 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 may view the AD docket at FAA, Central Region, Office of the 
Regional Counsel, Attention: Rules Docket No. 2003-CE-21-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: 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: 

Discussion

    What events have caused this 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

[[Page 64271]]

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.
    What is the potential impact if FAA took no action? 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.
    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 all ASTA Models N22B and N24A 
airplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on August 18, 2003 (68 FR 49390). 
The NPRM proposed 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.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in the development of this AD. We received 
no comments on the proposal or on the determination of the cost to the 
public.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for minor 
editorial corrections. We have determined that these 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.

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the 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 does this AD impact? We estimate that this AD 
affects 10 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 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                              Total cost  per
             Labor cost                    Parts cost            airplane        Total cost  on U.S. operators
----------------------------------------------------------------------------------------------------------------
1 workhour x $60 per hour = $60....  Not applicable........              $60   10 x $60 = $600
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish any necessary 
replacements that would be required based on the results of this 
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
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to accomplish the modifications:

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

Regulatory Findings

    Will this AD impact various entities? We have determined that this 
AD will not have federalism implications under Executive Order 13132. 
This AD 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.
    Will this AD involve a significant rule or regulatory action? For 
the reasons discussed above, I certify that this 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 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-21-AD'' in your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 64272]]

Adoption of the Amendment

0
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

0
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]

0
2. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2003-22-13 Aerospace Technologies of Australia PTY Ltd.: Amendment 
39-13361; Docket No. 2003-CE-21-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on December 23, 2003.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) What airplanes are affected by this AD? This AD affects 
Models N22B and N24A 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 mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for 
Australia. The actions specified in 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.

What Must I Do to Address This Problem?

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(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 December 23,
 bending, impact marks).       2003 (the effective
 Repair or replace any         date of this AD),
 damaged aileron found.        unless already
                               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        December 23, 2003     18, dated December
 perform a ground test. If     (the effective date   19, 2002, and the
 deficiencies are detected     of this AD), unless   applicable
 during the ground test,       already               maintenance manual.
 make the necessary            accomplished.
 adjustments.
(3) For Model N22B            Within the next 50    In accordance with
 airplanes:.                   hours time-in-        Nomad Alert Service
(i) fabricate placards that    service (TIS) after   Bulletin ANMD-57-
 incorporate the following     December 23, 2003     18, dated December
 words (using at least \1/     the effective date    19, 2002.
 18\-inch letters) and         of this AD), unless   Accomplish the
 install these placards on     already               limitations of
 the instrument panel within   accomplished.         paragraphs
 the pilot's clear view:.                            (e)(3)(ii)(A) and
(A) ``RECOMMENDED APPROACH                           (e)(3)(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 for landing to                           (e)(3)(i)(A) and
 10[deg] or 20[deg] flap..                           (e)(3)(i)(B) 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).
-----------------------------
(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    December 23, 2003     18, dated December
 words (using at least \1/8\-  (the effective date   19, 2002.
 inch letters) and install     of this AD), unless   Accomplish the
 this placard on the           already               limitations of
 instrument panel within the   accomplished.         paragraphs
 pilot's clear view: ``USE                           (e)(4)(ii)(A) and
 10[deg] FLAP FOR TAKE-OFF                           (e)(4)(ii)(B) of
 and LANDING--WARNING--DO                            this AD by
 NOT EXCEED 10[deg] FLAP                             inserting a copy of
 EXTENSION DURING FLIGHT,                            the AD into the
 LANDING GEAR UP WARNING                             Limitations Section
 WILL INITIATE FOR A TORQUE                          of the flight
 PRESSURE OF LESS THAN 30                            manual. The owner/
 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
                                                     (e)(4)(i) 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).
------------------------------------------------------------------------


[[Page 64273]]

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, Standards Office, 
Small Airplane Directorate, FAA. 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.

Is There Material Incorporated by Reference?

    (g) You must do the actions required by this AD per Nomad Alert 
Service Bulletin ANMD-57-18, dated December 19, 2002. The Director 
of the Federal Register approved the incorporation by reference of 
this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. You may get a copy 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 review copies at FAA, Central Region, Office of the Regional 
Counsel, 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.

Is There Other Information That Relates to This Subject?

    (h) Australian AD/GAF-N22/69, Amendment 4, dated February 27, 
2003.

    Issued in Kansas City, Missouri, on October 31, 2003.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-27921 Filed 11-12-03; 8:45 am]
BILLING CODE 4910-13-U