[Federal Register Volume 71, Number 202 (Thursday, October 19, 2006)]
[Rules and Regulations]
[Pages 61636-61639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17425]



[[Page 61636]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25928; Directorate Identifier 2006-CE-53-AD; 
Amendment 39-14797; AD 2006-21-12]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) to 
supersede AD 2003-22-13, which applies to all AeroSpace Technologies of 
Australia Pty Ltd. (ASTA) Models N22B and N24A airplanes. AD 2003-22-13 
currently 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 results from mandatory 
continuing airworthiness information (MCAI) issued by the airworthiness 
authority for Australia. The FAA inadvertently omitted Model N22S 
airplanes from the applicability of AD 2003-22-13. Therefore, this AD 
retains the actions exactly as required in AD 2003-22-13 and adds Model 
N22S airplanes to the Applicability section. We are issuing this AD to 
prevent failure of the aileron due to undetected pre-existing aileron 
damage and airplane operation outside of the approved limits. Aileron 
failure could lead to reduced or loss of control of the airplane.

DATES: This AD becomes effective on November 8, 2006.
    As of November 8, 2006, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.
    We must receive any comments on this AD by November 20, 2006.

ADDRESSES: Use one of the following to comment on this 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 20590-0001.
     Fax: (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 AD, contact Nomad 
Operations, Aerospace Support Division, Boeing Australia, PO Box 767, 
Brisbane, QLD 4000 Australia; telephone 61 7 3306 3366; fax 61 7 3306 
3111.
    To view the comments to this AD, go to http://dms.dot.gov. The 
docket number is FAA-2006-25928; Directorate Identifier 2006-CE-53-AD.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4059; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    The Civil Aviation Safety Authority (CASA), which is the 
airworthiness authority for Australia, reported several incidents of 
ailerons incurring damage during flight. Extensive tests and analysis 
revealed the cause of the damage to the ailerons resulted from 
operation outside approved limits and undetected pre-existing damage.
    The CASA lowered the operational limits of the affected airplanes 
in order to prevent damage from occurring. Additional reports of 
aileron flutter were received even when operating within these lower 
approved limits. As a precautionary measure, the CASA further 
restricted flight operations by issuing Australian AD Number AD/GAF-
N22/69, Amendment 4, dated February 27, 2003.
    This situation prompted us to issue AD 2003-22-13, Amendment 39-
13361 (68 FR 64270, November 13, 2003). AD 2003-22-13 currently 
requires the following on all ASTA Models N22B and N24A airplanes:

--Visually inspecting the ailerons for damage and replacing if 
necessary;
--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.

    Since we issued AD 2003-22-13, the CASA issued Australian AD Number 
AD/GAF-N22/69, Amendment 5, issued September 14, 2006, effective on 
October 26, 2006. That AD clarifies that N22 series and Model N24S 
airplanes with float/amphibian configuration are included in the 
Applicability section of their AD.
    Upon reviewing Amendment 5 of the CASA AD to ensure N22 series and 
Model N24S airplanes with float/amphibian configuration were included 
in the Applicability section of AD 2003-22-13, we realized that we 
inadvertently omitted Model N22S airplanes from the Applicability 
section.
    Models N22B and N24A airplanes with float/amphibian configuration 
were affected by AD 2003-22-13 because we included all serial numbers 
in the Applicability section.
    This condition, if not corrected, could result in aileron failure. 
Such failure could lead to reduced or loss of control of the airplane.

Relevant Service Information

    We reviewed Nomad Alert Service Bulletin ANMD-57-18, Rev 1, dated 
August 14, 2006. The service information describes 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.

FAA's Determination and Requirements of This AD

    These ASTA Models N22B, N22S, and N24A airplanes are manufactured 
in Australia and are type-certificated for operation in the United 
States under the provisions of Sec.  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. We are issuing this AD 
because we evaluated all the information and determined the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design. This AD supersedes AD 2003-22-13 with 
a new AD that retains the actions exactly as required in AD 2003-22-13, 
adds Model N22S airplanes to the Applicability section, and clarifies 
applicability to airplanes with float/amphibian configuration.
    In preparing this rule, we contacted type clubs and aircraft 
operators to get technical information and information on operational 
and economic impacts. We did not receive any information through these 
contacts. If received, we

[[Page 61637]]

would have included a discussion of any information that may have 
influenced this action in the rulemaking docket.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable, and that good 
cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and an opportunity for 
public comment. We invite you to send any written relevant data, views, 
or arguments regarding this AD. Send your comments to an address listed 
under the ADDRESSES section. Include the docket number ``FAA-2006-
25928; Directorate Identifier 2006-CE-53-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those 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 we 
receive concerning this AD.

Authority for This Rulemaking

    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

    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.
    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 regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the AD, the regulatory 
evaluation, any comments received, and other information on the 
Internet at http://dms.dot.gov; or in person at the Docket Management 
Facility between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Docket Office (telephone (800) 647-5227) is 
located at the street address stated in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA proposes to amend 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. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2003-22-13, Amendment 39-13361 (68 FR 64270, November 13, 2003) and 
adding the following new AD:

2006-21-12 AeroSpace Technologies of Australia Pty Ltd.: Amendment 
39-14797; Docket No. FAA-2006-25928; Directorate Identifier 2006-CE-
53-AD.

Effective Date

    (a) This AD becomes effective on November 8, 2006.

Affected ADs

    (b) Supersedes AD 2003-22-13, Amendment 39-13361.

Applicability

    (c) This AD affects Models N22B, N22S, and N24A airplanes, all 
serial numbers including airplanes with float/amphibian 
configuration, that are certificated in any category.

Unsafe Condition

    (d) 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 failure of the aileron 
due to undetected pre-existing aileron damage and airplane operation 
outside of the approved limits. Aileron failure could lead to 
reduced or loss of control of the airplane.

Compliance

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Visually inspect the      (i) For Models N22B   Following the
 left-hand and right-hand      and N24A airplanes    applicable
 ailerons for damage (i.e.,    (airplanes            maintenance manual.
 distortion, bending, impact   previously affected
 marks). Repair or replace     by AD 2003-22-13):
 any damaged aileron found.    Inspect within the
                               next 50 hours time-
                               in-service (TIS)
                               after December 23,
                               2003 (the effective
                               date of AD 2003-22-
                               13), unless already
                               done.
                              (ii) For Model N22S
                               airplanes
                               (airplanes not
                               previously affected
                               by AD 2003-22-13):
                               Inspect within the
                               next 10 hours TIS
                               or 30 days,
                               whichever occurs
                               first, after the
                               effective date of
                               this AD, unless
                               already done.

[[Page 61638]]

 
                              (iii) For all
                               affected airplanes:
                               Repair or replace
                               before further
                               flight after the
                               inspection.
(2) Adjust the engine power   (i) For Models N22B   Following Nomad
 lever actuated landing gear   and N24A airplanes    Alert Service
 ``up'' aural warning          (airplanes            Bulletin ANMD-57-
 microswitches and then        previously affected   18, Rev 1, dated
 perform a ground test. If     by AD 2003-22-13):    August 14, 2006,
 deficiencies are detected     Within the next 50    and the applicable
 during the ground test,       hours TIS after       maintenance manual.
 make the necessary            December 23, 2003
 adjustments.                  (the effective date
                               of AD 2003-22-13),
                               unless already done
                               following Nomad
                               Alert Service
                               Bulletin ANMD-57-
                               18, dated December
                               19, 2002.
                              (ii) For Model N22S
                               airplanes
                               (airplanes not
                               previously affected
                               by AD 2003-22-13):
                               Within the next 10
                               hours TIS or 30
                               days, whichever
                               occurs first, after
                               the effective date
                               of this AD, unless
                               already done.
(3) For Model N22B            Within the next 50    Following Nomad
 airplanes:                    hours TIS after       Alert Service
(i) Fabricate placards that    December 23, 2003     Bulletin ANMD-57-
 incorporate the following     (the effective date   18, Rev 1, dated
 words (using at least \1/8\-  of AD 2003-22-13),    August 14, 2006. To
 inch letters) and install     unless already done   show compliance
 these placards on the         following Nomad       with paragraphs
 instrument panel within the   Alert Service         (e)(3)(ii)(A) and
 pilot's clear view:           Bulletin ANMD-57-     (e)(3)(ii)(B) of
(A) ``RECOMMENDED APPROACH     18, dated December    this AD, a copy of
 FLAPS 10 OR 20 DEG AT 90      19, 2002.             this AD may be
 KIAS'';                                             inserted into the
(B) ``USE 10[deg] OR 20[deg]                         Limitations section
 FLAP FOR TAKE-OFF AND                               of the AFM. The
 LANDING--WARNING--DO NOT                            owner/operator
 EXCEED 20[deg] FLAP                                 holding at least a
 EXTENSION DURING FLIGHT,                            private pilot
 LANDING GEAR UP WARNING                             certificate as
 WILL INITIATE FOR A TORQUE                          authorized by
 PRESSURE OF LESS THAN 30                            section 43.7 of the
 PSI''; and                                          Federal Aviation
(ii) Incorporate the                                 Regulations (14 CFR
 following information into                          43.7) may do the
 the Limitations section of                          AFM insertion and
 the Airplane Flight Manual                          the placard
 (AFM):                                              requirements of
(A) Limit the maximum flap                           paragraphs
 extension to 20 degrees;                            (e)(3)(i)(A) and
 and                                                 (e)(3)(i)(B) of
(B) Limit flaps down                                 this AD. Make an
 operations for landing to                           entry into the
 10[deg] or 20[deg] flap.                            aircraft records
                                                     showing compliance
                                                     with these portions
                                                     of the AD following
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
(4) For Model N22S            Within the next 10    Following Nomad
 airplanes:                    hours TIS or 30       Alert Service
(i) Fabricate a placard that   days, whichever       Bulletin ANMD-57-
 incorporates the following    occurs first, after   18, Rev 1, dated
 words (using at least \1/8\-  the effective date    August 14, 2006. To
 inch letters) and install     of this AD, unless    show compliance
 this placard on the           already done.         with paragraphs
 instrument panel within the                         (e)(4)(ii)(A) and
 pilot's clear view: ``USE                           (e)(4)(ii)(B) of
 10[deg] FLAP FOR TAKE-OFF                           this AD, a copy of
 AND LANDING--WARNING--DO                            this AD may be
 NOT EXCEED 10[deg] FLAP                             inserted into the
 EXTENSION DURING FLIGHT,                            Limitations section
 LANDING GEAR UP WARNING                             of the AFM. The
 WILL INITIATE FOR A TORQUE                          owner/operator
 PRESSURE OF LESS THAN 30                            holding at least a
 PSI''; and                                          private pilot
(ii) Incorporate the                                 certificate as
 following information into                          authorized by
 the Limitations section of                          section 43.7 of the
 the AFM:                                            Federal Aviation
(A) Limit the maximum flap                           Regulations (14 CFR
 extension to 10 degrees;                            43.7) may do the
 and                                                 AFM insertion and
(B) Limit flaps down                                 the placard
 operations for landing to                           requirement of
 10[deg] flap.                                       paragraph (e)(4)(i)
                                                     of this AD. Make an
                                                     entry into the
                                                     aircraft records
                                                     showing compliance
                                                     with these portions
                                                     of the AD following
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).

[[Page 61639]]

 
(5) For Model N24A            Within the next 50    Following Nomad
 airplanes:                    hours TIS after       Alert Service
(i) Fabricate a placard that   December 23, 2003     Bulletin ANMD-57-
 incorporates the following    (the effective date   18, Rev 1, dated
 words (using at least \1/8\-  of AD 2003-22-13),    August 14, 2006. To
 inch letters) and install     unless already done   show compliance
 this placard on the           following Nomad       with paragraphs
 instrument panel within the   Alert Service         (e)(5)(ii)(A) and
 pilot's clear view: ``USE     Bulletin ANMD-57-     (e)(5)(ii)(B) of
 10[deg] FLAP FOR TAKE-OFF     18, dated December    this AD, a copy of
 AND LANDING--WARNING--DO      19, 2002.             this AD may be
 NOT EXCEED 10[deg] FLAP                             inserted into the
 EXTENSION DURING FLIGHT,                            Limitations section
 LANDING GEAR UP WARNING                             of the AFM. The
 WILL INITIATE FOR A TORQUE                          owner/operator
 PRESSURE OF LESS THAN 30                            holding at least a
 PSI''; and                                          private pilot
(ii) Incorporate the                                 certificate as
 following information into                          authorized by
 the Limitations section of                          section 43.7 of the
 the AFM:                                            Federal Aviation
(A) Limit the maximum flap                           Regulations (14 CFR
 extension to 10 degrees;                            43.7) may do the
 and                                                 AFM insertion and
(B) Limit flaps down                                 the placard
 operations for landing to                           requirement of
 10[deg] flap.                                       paragraph (e)(5)(i)
                                                     of this AD. Make an
                                                     entry into the
                                                     aircraft records
                                                     showing compliance
                                                     with these portions
                                                     of the AD following
                                                     section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Standards Staff, FAA, ATTN: Doug Rudolph, 
Aerospace Engineer, Small Airplane Directorate, 901 Locust, Room 
301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: 
(816) 329-4090, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19.
    (g) AMOCs approved for AD 2003-22-13 are not approved for this 
AD.

Related Information

    (h) This AD relates to Australian AD/GAF-N22/69, Amendment 5, 
dated September 14, 2006, which references Nomad Alert Service 
Bulletin ANMD-57-18, Rev 1, dated August 14, 2006.

Material Incorporated by Reference

    (i) You must use Nomad Alert Service Bulletin ANMD-57-18, Rev 1, 
dated August 14, 2006, to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact Nomad 
Operations, Aerospace Support Division, Boeing Australia, PO Box 
767, Brisbane, QLD 4000 Australia; telephone 61 7 3306 3366; fax 61 
7 3306 3111.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on October 13, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-17425 Filed 10-18-06; 8:45 am]
BILLING CODE 4910-13-P