[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Proposed Rules]
[Pages 12819-12823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5153]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20439; Directorate Identifier 2005-CE-04-AD]
RIN 2120-AA64


Airworthiness Directives; AeroSpace Technologies of Australia Pty 
Ltd. Models N22B, N22S, and N24A Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2003-14-20, which applies to all AeroSpace Technologies of Australia 
Pty Ltd. (ASTA) Models N22B and N24A airplanes. AD 2003-14-20 requires 
you to repetitively inspect, using either dye penetrant or magnetic 
particle methods, the rudder control lever shafts for cracks; inspect 
(one-time) all lever shaft side plates by measuring the thickness; and 
if cracks or discrepancies in thickness are found, replace 
unserviceable parts with new or serviceable parts. Since AD 2003-14-20 
was issued, we determined that the AD should also affect Model N22S 
airplanes. The manufacturer has also revised the service information to 
include a rudder control lever shaft part number (P/N) that was not 
part of AD 2003-14-20. Consequently, this proposed AD would require the 
actions of AD 2003-14-20, add Model N22S airplanes to the 
applicability, and add rudder control lever shaft P/N 1/N-45-1102 to 
the inspection requirements. We are issuing this proposed AD 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: We must receive any comments on this proposed AD by April 15, 
2005.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    To get the service information identified in this proposed AD, 
contact Nomad Operations, Aerospace Support Division, Boeing Australia, 
PO Box 767, Brisbane, QLD 4001 Australia; telephone 61 7 3306 3366; 
facsimile 61 7 3306 3111.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
The docket number is FAA-2005-20439; Directorate Identifier 2005-CE-04-
AD.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, 
Small Airplane Directorate, ACE-112, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4059; 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 the 
docket number, ``FAA-2005-20439; Directorate Identifier 2005-CE-04-AD'' 
at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket Web site, anyone 
can find and read the comments received into any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA-2005-20439; Directorate Identifier 2005-CE-
04-AD. You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78) or you 
may visit http://dms.dot.gov.
    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.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5227) is located on 
the plaza level of the Department of Transportation Nassif Building at 
the street address stated in ADDRESSES. You may also view the AD docket 
on the Internet at http://dms.dot.gov. The comments will be available 
in the AD docket shortly after the DMS receives them.

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,

[[Page 12820]]

Amendment 39-4399. AD 82-12-06 required the following:

--Repetitively inspecting visually all rudder control lever shafts for 
cracking;
--If cracks are found, 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.

    The Civil Aviation Safety Authority (CASA), which is the 
airworthiness authority for Australia notified FAA of the need to 
change AD 82-12-06. The CASA reported failures of the rudder control 
lever shaft. All the failures occurred during ground operations. 
Nosewheel steering/rudder loads are considered the primary cause of the 
failures.
    Some of the failures occurred on airplanes where the terminating 
action of AD 82-12-06 had been incorporated. This caused us to issue AD 
2003-14-20, Amendment 39-13239 (68 FR 42954, July 21, 2003).
    AD 2003-14-20 currently requires the following on all ASTA Model 
N22B and N24A airplanes:

--Repetitively inspecting, using either dye penetrant or magnetic 
particle methods and measurements, certain rudder control lever shafts, 
part numbers (P/N) 2/N-45-1102, 1/N-45-1103, and 1/N-45-1104 (or FAA-
approved equivalent part numbers), 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 has happened since AD 2003-14-20 to initiate this proposed 
action? Since AD 2003-14-20 was issued, we determined that AD 2003-14-
20 should also affect Model N22S airplanes.
    The manufacturer has also revised the service information to 
include a rudder control lever shaft part number (P/N) that was not 
part of AD 2003-14-20.
    What is the potential impact if FAA took no action? This condition, 
if not detected and corrected, could result in failure of the rudder 
control lever torque shaft. Such failure could lead to reduced 
controllability of the airplane.
    Is there service information that applies to this subject? 
Aerospace Technologies of Australia Limited has issued Nomad Alert 
Service Bulletin ANMD-27-51, Rev. 2, dated April 29, 2004; and Nomad--
Series N22 & N24 Inspection Requirements Manual, Temporary Revision 26, 
Fatigue Critical Areas, dated May 27, 2004.
    What are the provisions of this service information? Nomad Alert 
Service Bulletin ANMD-27-51, Rev. 2, dated April 29, 2004, includes 
procedures for:

--Inspecting, using dye penetrant or magnetic particle methods, rudder 
control lever shafts, P/Ns 1/N-45-1102, 2/N-45-1102, 1/N-45-1103, and 
1/N-45-1104, for cracks;
--Inspecting 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.

    Nomad--Series N22 & N24 Inspection Requirements Manual, Temporary 
Revision 26, Fatigue Critical Areas, dated May 27, 2004, includes 
procedures for:

--Inspecting, using dye penetrant method, rudder control lever shafts, 
P/Ns 1/N-45-1103 and 1/N-45-1104 for cracks;
--Inspecting, using magnified (10x) visual methods, rudder control 
lever shafts, P/Ns 1/N-45-1102 and 2/N-45-1102 for cracks; and
--If any cracks are found, replacing unserviceable parts with new or 
serviceable parts.

    What action did the CASA take? The CASA classified this service 
information as mandatory and issued Australian AD GAF-N22/44, Amendment 
2, dated November 2004, to ensure the continued airworthiness of these 
airplanes in Australia.
    Did the CASA inform the United States under the bilateral 
airworthiness agreement? These Model N22B, N22S, and N24A airplanes 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.
    Under this bilateral airworthiness agreement, the CASA has kept us 
informed of the situation described above.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have examined the CASA'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 Model N22B, N22S, and N24A airplanes of the same 
type design that are registered in the United States, we are proposing 
AD action 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.
    What would this proposed AD require? This proposed AD would 
supersede AD 2003-14-20 with a new AD that would require the actions of 
AD 2003-14-20, add Model N22S airplanes to the applicability, and add 
rudder control lever shaft P/N 1/N-45-1102 to the inspection 
requirements.
    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 15 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 
do the proposed initial inspection:

----------------------------------------------------------------------------------------------------------------
                                                                      Total
              Labor cost                        Parts cost           cost per    Total cost on U.S.  operators
                                                                     airplane
----------------------------------------------------------------------------------------------------------------
12 workhours x $65 per hour = $780...  Not Applicable.............       $780  15 x $780 = $11,700
----------------------------------------------------------------------------------------------------------------


[[Page 12821]]

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

------------------------------------------------------------------------
                                                                 Total
             Labor cost                     Parts cost          cost per
                                                                airplane
------------------------------------------------------------------------
2 workhours x $65 per hour = $130..  Not Applicable..........       $130
------------------------------------------------------------------------

    We estimate the following costs to accomplish any rudder control 
lever shaft replacement 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:

------------------------------------------------------------------------
                                    Parts
           Labor cost                cost      Total cost per airplane
------------------------------------------------------------------------
12 workhours x $65 per hour =          $930  $780 + $930 = $1710
 $780.
------------------------------------------------------------------------

    We estimate the following costs to accomplish any 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:

------------------------------------------------------------------------
                                    Parts
           Labor cost                cost      Total cost per airplane
------------------------------------------------------------------------
12 workhours x $65 per hour =          $930  $780 + $930 = $1710
 $780.
------------------------------------------------------------------------

    What is the difference between the cost impact of this proposed AD 
and the cost impact of AD 2003-14-20? The only difference between AD 
2003-14-20 and this proposed AD is the addition of Model N22S airplanes 
to the applicability section. There are no additional actions required 
in this proposed AD.

Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106 describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this AD.

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 FAA-2005-20439; Directorate Identifier 2005-CE-04-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 removing Airworthiness Directive 
(AD) 2003-14-20, Amendment 39-13239 (68 FR 42954, July 21, 2003), and 
by adding a new AD to read as follows:

Aerospace Technologies of Australia PTY Ltd.: Docket No. FAA-2005-
20439; Directorate Identifier 2005-CE-04-AD; Supersedes AD 2003-14-
20, Amendment 39-13239.

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 April 15, 2005.

What Other ADs Are Affected by This Action?

    (b) This AD supersedes AD 2003-14-20, Amendment 39-13239.

What Airplanes Are Affected by This AD?

    (c) This AD affects Models N22B, N22S, 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 continuing airworthiness 
information (MCAI) issued by the airworthiness authority for 
Australia. The actions specified in this AD are intended to detect 
and correct cracks in the rudder control lever torque shafts and 
discrepancies

[[Page 12822]]

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.

What Must I Do To Address This Problem?

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the following:
    (i) The rudder control    Initially inspect     Following Nomad
     lever shafts, part        within the next 50    Alert Service
     numbers (P/N) 1/N-45-     hours time-in-        Bulletin ANMD-27-
     1102, 2/N-45-1102, 1/N-   service (TIS) or 30   51, Rev. 2, dated
     45-1103, and 1/N-45-      days after the        April 29, 2004, and
     1104 (or FAA-approved     effective date of     the applicable
     equivalent part           this AD, whichever    maintenance manual.
     numbers) for cracks.      occurs first,
     Use dye penetrant         unless already done.
     inspection while the
     shaft is installed. Use
     either dye penetrant or
     magnetic particle
     inspection if the shaft
     is removed; and
    (ii) All lever shaft
     side plates on P/Ns 1/N-
     45-1102, 2/N-45-1102, 1/
     N-45-1103, and 1/N-45-
     1104 (or FAA-approved
     equivalent part
     numbers) by measuring
     the thickness for
     discrepancies.
(2) If no cracks are found    Repetitively inspect  Following Nomad--
 in the rudder control lever   thereafter at         Series N22 & N24
 shafts during the             intervals not to      Inspection
 inspection required in        exceed 300 hours      Requirements
 paragraph (e)(1)(i) of this   TIS after the         Manual, Temporary
 AD, repetitively inspect      initial inspection    Revision 26,
 rudder control lever shafts   required in           Fatigue Critical
 P/Ns 1/N-45-1102, 2/N-45-     paragraph (e)(1) of   Areas, dated May
 1102, 1/N-45-1103, and 1/N-   this AD.              27, 2004.
 45-1104 (or FAA-approved
 equivalent part numbers)
 for cracks.
(3) If cracks or              Before further        Following Nomad
 discrepancies are found       flight after any      Alert Service
 during any inspection         inspection required   Bulletin ANMD-27-
 required by this AD, do the   by this AD in which   51, Rev. 2, dated
 following:                    cracks or             April 29, 2004, and
                               discrepancies in      the applicable
                               are found.            maintenance manual.
    (i) For rudder control
     lever shafts found with
     crack damage, replace
     with new or serviceable
     parts. Continue with
     the repetitive
     inspections required
     paragraph (e)(2) of
     this AD.
    (ii) If the thickness of
     the lever shaft side
     plates is less than
     0.050 inches, replace
     the lever shaft side
     plate with a new plate
     that measures at least
     0.050 inches in
     thickness.
(4) If at any time certain    Before further        Following Nomad--
 operating conditions occur    flight.               Series N22 & N24
 that caused abnormal rudder                         Inspection
 pedal loads, inspect the                            Requirements
 rudder control lever shafts                         Manual, Temporary
 as specified in paragraph                           Revision 26,
 (e)(2) of this AD. Examples                         Fatigue Critical
 of such conditions are:                             Areas, dated May
 heavy use of nosewheel                              27, 2004.
 steering over rough ground;
 excessive steering angle
 under tow; towing with
 rudder gust lock fitted;
 engine failure on takeoff;
 and aircraft left parked
 outside with rudder gust
 lock not fitted.
(5) Do not install a new      As of the effective   As specified in
 lever shaft side plate that   date of this AD.      Nomad Alert Service
 is less than 0.050 inches                           Bulletin ANMD-27-
 in thickness.                                       51, Rev. 2, dated
                                                     April 29, 2004; and
                                                     Nomad--Series N22 &
                                                     N24 Inspection
                                                     Requirements
                                                     Manual, Temporary
                                                     Revision 26,
                                                     Fatigue Critical
                                                     Areas, dated May
                                                     27, 2004.
------------------------------------------------------------------------

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.
    (1) 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, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Doug Rudolph, Aerospace 
Engineer, Small Airplane Directorate, ACE-112, 901 Locust, Rm 301, 
Kansas City, Missouri, 64106; telephone: (816) 329-4059; facsimile: 
(816) 329-4090.
    (2) Alternative methods of compliance approved for AD 2003-14-20 
are not considered approved as alternative methods of compliance for 
this AD.

Is There Other Information That Relates to This Subject?

    (g) Australian AD GAF-N22/44, Amendment 2, dated November 2004, 
also addresses the subject of this AD.

May I Get Copies of the Documents Referenced in This AD?

    (h) To get copies of the documents referenced in this AD, 
contact Nomad Operations, Aerospace Support Division, Boeing 
Australia, PO Box 767, Brisbane, QLD 4001 Australia; telephone 61 7 
3306 3366; facsimile 61 7 3306 3111. To view the AD docket, go to 
the Docket Management Facility; U.S. Department of Transportation, 
400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, 
DC, or on the Internet at http://dms.dot.gov. This is docket number 
FAA-2005-20439; Directorate ID 2005-CE-04-AD.


[[Page 12823]]


    Issued in Kansas City, Missouri, on March 10, 2005.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-5153 Filed 3-15-05; 8:45 am]
BILLING CODE 4910-13-P