[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Rules and Regulations]
[Pages 66661-66663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19153]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25260; Directorate Identifier 2006-CE-37-AD; 
Amendment 39-14826; AD 2006-23-14]
RIN 2120-AA64


Airworthiness Directives; Air Tractor, Inc. Models AT-502, AT-
502A, AT-502B, AT-602, AT-802, and AT-802A Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain 
Air Tractor, Inc. (Air Tractor) Models AT-502, AT-502A, AT-502B, AT-
602, AT-802, and AT-802A airplanes. This AD requires you to 
repetitively visually inspect the rudder and vertical fin hinge 
attaching structure (vertical fin skins, spars, hinges, and brackets) 
for loose fasteners, cracks, and/or corrosion. This AD also requires 
you to replace any damaged parts found as a result of the inspection 
and install an external doubler at the upper rudder hinge. This AD 
results from two reports of in-flight rudder separation from the 
vertical fin at the upper attach hinge area, and other reports of 
airplanes with loose hinges, skin cracks, or signs of repairs to the 
affected area. We are issuing this AD to detect and correct loose 
fasteners; any cracks in the rudder or vertical fin skins, spars, 
hinges or brackets; and/or corrosion of the rudder and vertical fin 
hinge attaching structure. Hinge failure adversely affects ability to 
control yaw and has led to the rudder folding over in flight. This 
condition could allow the rudder to contact the elevator and affect 
ability to control pitch with consequent loss of control.

DATES: This AD becomes effective on December 21, 2006.
    As of December 21, 2006, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in the regulation.

ADDRESSES: To get the service information identified in this AD, 
contact Air Tractor, Inc., P.O. Box 485, Olney, Texas 76374; telephone: 
(940) 564-5616; fax: (940) 564-5612.
    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 20590 or on the Internet at http://dms.dot.gov. The docket number is FAA-2006-25260; Directorate 
Identifier 2006-CE-37-AD.

FOR FURTHER INFORMATION CONTACT: Andrew McAnaul, Aerospace Engineer, 
ASW-150 (c/o MIDO-43), 10100 Reunion Place, Suite 650, San Antonio, 
Texas 78216; telephone: (210) 308-3365; fax: (210) 308-3370.

SUPPLEMENTARY INFORMATION:

Discussion

    On August 3, 2006, 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 certain Air Tractor Models AT-502, AT-502A, AT-502B, AT-
602, AT-802, and AT-802A airplanes. This proposal was published in the 
Federal Register as a notice of proposed rulemaking (NPRM) on August 3, 
2006 (71 FR 45451). The NPRM proposed to require you to repetitively 
visually inspect the rudder and vertical fin hinge attaching structure 
for loose fasteners, any cracks in the rudder or vertical fin skins, 
spars, hinges or brackets, or corrosion. The AD would also require you 
to replace any damaged parts found as a result of the inspection and 
install an external doubler at the upper rudder hinge. Installation of 
the external doubler at the upper rudder hinge is terminating action 
for the repetitive inspection requirements.

Comments

    We provided the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and FAA's response to each comment:

Comment Issue No. 1: Availability of Manufacturer Service Information 
for the Proposed AD

    Jack Buster with the Modification and Replacement Parts Association 
(MARPA) provides comments on the AD process pertaining to how the FAA 
addresses publishing manufacturer service information as part of a 
proposed AD action. Mr. Buster states that the proposed rule attempts 
to

[[Page 66662]]

require compliance with a public law by reference to a private writing 
(as referenced in paragraph (e) of the proposed AD). Mr. Buster would 
like the FAA to incorporate by reference (IBR) Snow Engineering Co. 
Service Letter 247, dated August 14, 2005, revised May 17, 
2006; and Snow Engineering Co. Process Specification Number 145, dated 
December 6, 1991.
    We agree with Mr. Buster. However, we do not IBR any document in a 
proposed AD action, instead we IBR the document in the final rule. 
Since we are issuing the proposal as a final rule AD action, the 
previously-referenced Snow Engineering Co. documents are incorporated 
by reference.

Comment Issue No. 2: Availability of Manufacturer Service Information 
in the Federal Register or the Docket Management System (DMS)

    Mr. Buster also requests IBR documents be made available to the 
public by publication in the Federal Register or in the DMS.
    We are currently reviewing issues surrounding the posting of 
service bulletins in the Department of Transportation's DMS as part of 
the AD docket. Once we have thoroughly examined all aspects of this 
issue and have made a final determination, we will consider whether our 
current practice needs to be revised.

Conclusion

    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:
     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.

Costs of Compliance

    We estimate that this AD affects 945 airplanes in the U.S. 
registry.
    We estimate the following costs to do the inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                  Total cost per   Total cost on
                  Labor cost                               Parts cost                airplane     U.S. Operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80..............  Not Applicable..................             $80         $75,600
----------------------------------------------------------------------------------------------------------------

    Any required ``upon-condition'' repairs will vary depending upon 
the damage found, and any replacements required will vary based on the 
results of the inspection. Based on this, we have no way of determining 
the potential repair and/or replacement costs for each airplane or the 
number of airplanes that will need the repairs and/or replacements 
based on the result of the inspections.
    We estimate the following costs to do the installation of the 
external doubler at the upper rudder hinge:

----------------------------------------------------------------------------------------------------------------
                                                                                  Total cost per   Total cost on
                           Labor cost                               Parts cost       airplane     U.S. operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $80 per hour = $400..............................            $217            $617        $583,065
----------------------------------------------------------------------------------------------------------------

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 summary of the costs to comply with this AD (and 
other information as included in the Regulatory Evaluation) 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 ``Docket 
No. FAA-2006-25260; Directorate Identifier 2006-CE-37-AD'' in your 
request.

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 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:

2006-23-14 Air Tractor, Inc.: Amendment 39-14826; Docket No. FAA-
2006-25260; Directorate Identifier 2006-CE-37-AD.

Effective Date

    (a) This AD becomes effective on December 21, 2006.

[[Page 66663]]

Affected ADs

    (b) None.

Applicability

    (c) This AD affects the following airplane models and serial 
numbers that are certificated in any category:

------------------------------------------------------------------------
                 Model                             Serial Nos.
------------------------------------------------------------------------
(1) AT-502 and AT-502B.................  502/502B-0003 through 502/502B-
                                          2600.
(2) AT-502A............................  502A-0003 through 502A-2582.
(3) AT-602.............................  602-0337 through 602-1138.
(4) AT-802 and AT-802A.................  802/802A-0001 through 802/802A-
                                          0215.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from two reports (one Model AT-602 airplane 
and one Model AT-802A airplane) of in-flight rudder separations at 
the upper attach hinge area and other reports of Models AT-502B, AT-
602, and AT-802/802A airplanes with loose hinges, skin cracks, or 
signs of repairs to the affected area. We are issuing this AD to 
detect and correct loose fasteners; any cracks in the rudder or 
vertical fin skins, spars, hinges or brackets; and/or corrosion of 
the rudder and vertical fin hinge attaching structure. Hinge failure 
adversely affects ability to control yaw and has led to the rudder 
folding over in flight. This condition could allow the rudder to 
contact the elevator and affect ability to control pitch with 
consequent loss of control.

Compliance

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect visually the      Initially inspect     Follow Snow
 rudder and vertical hinge     upon reaching 3,500   Engineering Co.
 attachment for loose          hours time-in-        Service Letter
 fasteners; and inspect the    service (TIS), or     247, dated
 rudder or vertical fin        within the next 100   August 14, 2005,
 skins, spars, hinges or       hours TIS after       revised May 17,
 brackets for cracks and/or    December 21, 2006     2006.
 corrosion.                    (the effective date
                               of this AD),
                               whichever occurs
                               later, unless
                               already done.
                               Thereafter,
                               repetitively
                               inspect every 100
                               hours TIS.
                               Installation of the
                               external doubler at
                               the upper rudder
                               hinge required by
                               paragraph
                               (e)(2)(ii) or
                               (e)(3) of this AD
                               is terminating
                               action for the
                               repetitive
                               inspections
                               required by this AD.
(2) If you find any damage    Before further        Follow Snow
 as a result of any            flight after any      Engineering Co.
 inspection required by        inspection required   Service Letter
 paragraph (e)(1) of this      by paragraph (e)(1)   247, dated
 AD, you must:                 of this AD where      August 14, 2005,
(i) Replace any damaged        you find any          revised May 17,
 parts with new parts; and     damaged parts. The    2006, and Snow
(ii) Do the installation of    installation of the   Engineering Co.
 the external doubler at the   external doubler at   Process
 upper rudder hinge.           the upper rudder      Specification
                               hinge required by     Number 145, dated
                               paragraph             December 6, 1991.
                               (e)(2)(ii) or
                               (e)(3) of this AD
                               is the terminating
                               action for the
                               repetitive
                               inspections
                               required by this AD.
(3) Do the installation of    Upon accumulating     Follow Snow
 the external doubler at the   5,000 hours TIS or    Engineering Co.
 upper rudder hinge.           within the next 100   Service Letter
                               hours TIS after the   247, dated
                               effective date of     August 14, 2005,
                               this AD, whichever    revised May 17,
                               occurs later,         2006, and Snow
                               unless already        Engineering Co.
                               done. The             Process
                               installation of the   Specification
                               external doubler at   Number 145, dated
                               the upper rudder      December 6, 1991.
                               hinge required by
                               paragraph
                               (e)(2)(ii) or
                               (e)(3) of this AD
                               is the terminating
                               action for the
                               repetitive
                               inspections
                               required by this AD.
(4) Do not install any        As of December 21,    Not Applicable.
 rudder without the external   2006 (the effective
 doubler at the upper rudder   date of this AD).
 hinge required by paragraph
 (e)(3) of this AD.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Fort Worth Aircraft Certification Office, FAA, 
ATTN: Andrew McAnaul, Aerospace Engineer, ASW-150 (c/o MIDO-43), 
10100 Reunion Place, Suite 650, San Antonio, Texas 78216; telephone: 
(210) 308-3365; fax: (210) 308-3370, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19.

Material Incorporated by Reference

    (g) You must use Snow Engineering Co. Service Letter 
247, dated August 14, 2005, revised May 17, 2006; and Snow 
Engineering Co. Process Specification Number 145, dated December 6, 
1991, 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 Air 
Tractor, Inc., P.O. Box 485, Olney, Texas 76374; telephone: (940) 
564-5616; fax: (940) 564-5612.
    (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 November 3, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-19153 Filed 11-15-06; 8:45 am]
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