[Federal Register Volume 69, Number 28 (Wednesday, February 11, 2004)]
[Rules and Regulations]
[Pages 6553-6555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2953]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-CE-38-AD; Amendment 39-13473; AD 2004-03-29]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Corporation, Ltd. 
Models FU24-954 and FU24A-954 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 
Pacific Aerospace Corporation, Ltd. Models FU24-954 and FU24A-954 
airplanes. This AD requires 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 AD is the result of mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for New Zealand. We are issuing this 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: This AD becomes effective on April 19, 2004.

ADDRESSES: 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: 

Discussion

    What events have caused this AD? The Civil Aviation Authority 
(CAA), which is the airworthiness authority for New Zealand, notified 
the FAA of an unsafe condition that may exist on all

[[Page 6554]]

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 is the potential impact if FAA took no action? Failure to 
detect cracks in the vertical fin base could result in loss of the fin 
and loss of aircraft control.
    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 Pacific Aerospace Corporation, 
Ltd. Models FU24-954 and FU24A-954 airplanes. This proposal was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on October 30, 2003 (68 FR 61766). The NPRM proposed to 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.

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 the 
changes discussed above and minor editorial corrections. We have 
determined that these changes and minor corrections:

--are consistent with 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 2 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   Total cost on
                  Labor cost                              Parts cost                airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
8 workhours est. $60 per hour = $480.........  No parts needed for inspection.            $480             $960
----------------------------------------------------------------------------------------------------------------

    The FAA has no method of determining the number of repairs each 
owner/operator will incur over the life of each of the affected 
airplanes based on the results of the 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

    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-38-AD'' in your request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

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:

2004-03-29 Pacific Aerospace Corporation, Ltd.: Amendment 39-13473; 
Docket No. 2003-CE-38-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on April 19, 2004.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects 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 do the following:

[[Page 6555]]



------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Perform visual            Initially inspect     Inspect from the
 inspection of the forward     within the next 50    bottom of the fin
 area at the base of the fin   hours time-in-        up to the first
 for cracks.                   service (TIS) after   external strap,
                               April 19, 2004 (the   paying particular
                               effective date of     attention to the
                               this AD).             skin in the area of
                               Repetitively          the rivets that
                               inspect every 100     join the fin skin
                               hours TIS             to the 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    Prior to further      Obtain an FAA-
 are found during the          flight after doing    approved repair
 inspection.                   any inspection        scheme from Pacific
                               required in           Aerospace
                               paragraph (e)(1) of   Corporation, Ltd.,
                               this AD.              Airport Road,
                                                     Hamilton Airport,
                                                     Hamilton, New
                                                     Zealand and notify
                                                     the FAA at the
                                                     address and phone
                                                     number in paragraph
                                                     (f) of this AD.
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May I Request an Alternative Method 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 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, 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 February 4, 2004.
Dorenda D. Baker,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 04-2953 Filed 2-10-04; 8:45 am]
BILLING CODE 4910-13-U