[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Rules and Regulations]
[Pages 67372-67374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25766]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0854; Directorate Identifier 2008-CE-050-AD; 
Amendment 39-15718; AD 2008-22-21]
RIN 2120-AA64


Airworthiness Directives; Allied Ag Cat Productions, Inc. Model 
G-164 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) to supersede 
AD 78-08-09, which applies to certain Allied Ag Cat Productions, Inc. 
(formerly Grumman-American) (Allied Ag Cat) Models G-164, G-164A, and 
G-164B airplanes. AD 78-08-09 currently requires repetitively 
inspecting the interior and the exterior of the main tubular spar of 
the rudder assembly for corrosion, taking necessary corrective action 
if corrosion is found, and applying corrosion protection. Since we 
issued AD 78-08-09, the rudder main tubular spar failed on a later 
production airplane. Consequently, this AD retains the actions required 
in AD 78-08-09 and expands the applicability to include all G-164 
series airplanes. We are issuing this AD to detect and correct 
corrosion in the rudder main tubular spar, which could result in 
failure of the weld to the main spar tube. This failure could lead to 
loss of directional control.

DATES: This AD becomes effective on December 19, 2008.
    On December 19, 2008, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: To get the service information identified in this AD, 
contact Allied Ag Cat Productions, Inc., 301 West Walnut Street, P.O. 
Box 482, Walnut Ridge, Arkansas 72479; telephone: (870) 886-2418.
    To view the AD docket, go to U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at 
http://www.regulations.gov. The docket number is FAA-2008-0854; 
Directorate Identifier 2008-CE-050-AD.

FOR FURTHER INFORMATION CONTACT: Andy McAnaul, Aerospace Engineer, 
10100 Reunion Pl., Ste. 650, San Antonio, Texas 78216; telephone: (210) 
308-3365; fax: (210) 308-3370.

SUPPLEMENTARY INFORMATION: 

Discussion

    On August 1, 2008, 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 Allied Ag Cat Models G-164, G-164A, and G-164B 
airplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on August 7, 2008 (73 FR 45900). 
The NPRM proposed to supersede AD 78-08-09 with a new AD that would 
retain the actions required in AD 78-08-09 and expand the applicability 
to include all G-164 series airplanes.

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: AD Is Supported

    Ronald I. Gustin, Craig T. Fountain, and Ken J. Kuther all state 
that they support the AD action as proposed in the NPRM.
    Ronald Gustin states that of the 13 Ag Cat airplanes inspected by 
mechanics at Gustin Aviation, which was prompted by the NPRM, 4 
airplanes had severe corrosion of the rudder main spar tube that 
required repair; 2 airplanes had light rust; and 7 airplanes were 
corrosion free. Craig T. Fountain and Ken J. Kuther, who collectively 
own four of the airplanes inspected by Gustin Aviation, confirm the 
reported corrosion found and also support the proposed AD action.
    The commenters support the NPRM.
    We are not changing the final rule AD action based on these 
comments.

Comment Issue No. 2: Extend Comment Period

    Bryan D. Hauschild states that he is planning to recover the rudder 
on his airplane during the off-season, which is November through March. 
He states that at that time he would be able to get a good look at the 
area in question.
    Mr. Hauschild requests to extend the comment period for the NPRM so 
that his airplane is not pulled from its seasonal service at this time.
    We do not agree with the commenter. We believe that the fleet 
service history and severity of corrosion reported on Ag Cat rudders 
requires AD action. Extending the comment period in order to delay the 
effective date of this AD

[[Page 67373]]

would create an unacceptable safety risk.
    We are not changing the final rule AD action based on this comment.

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 2,700 airplanes in the U.S. 
registry.
    We estimate the following costs to do the inspections:

----------------------------------------------------------------------------------------------------------------
                                                                                 Total cost per   Total cost on
                  Labor cost                              Parts cost                airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $80 per hour = $320...........  Not applicable.................            $320         $864,000
----------------------------------------------------------------------------------------------------------------

    We have no way of determining the cost of repairs, parts 
replacement, or the number of airplanes that may require repair or 
parts replacement based on the result of the proposed inspections.

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-2008-0854; Directorate Identifier 2008-CE-050-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. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
78-08-09, Amendment 39-3191, and adding the following new AD:

2008-22-21 Allied Ag Cat Productions, Inc.: Amendment 39-15718; 
Docket No. FAA-2008-0854; Directorate Identifier 2008-CE-050-AD.

Effective Date

    (a) This AD becomes effective on December 19, 2008.

Affected ADs

    (b) This AD supersedes AD 78-08-09, Amendment 39-3191.

Applicability

    (c) This AD applies to the following airplane models, all serial 
numbers, that are certificated in any category:

------------------------------------------------------------------------
                                 Models
-------------------------------------------------------------------------
G-164, G-164A, G-164B, G-164B with 73'' wing gap, G-164B-15T, G-164B-
 34T, G-164B-20T, G-164C, G-164D, and G-164D with 73'' wing gap.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from a report of the rudder main tubular 
spar failing on a later production airplane. We are issuing this AD 
to detect and correct corrosion in the rudder main tubular spar, 
which could result in failure of the weld to the main spar tube. 
This failure could lead to loss of directional control.

Compliance

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

------------------------------------------------------------------------
             Actions                  Compliance          Procedures
------------------------------------------------------------------------
(1) Drill an access hole and do   (i) For airplanes   Following Steps 1
 a visual inspection using a       previously          through 3 of
 borescope of the lower end        affected by AD 78-  Grumman American
 internal cavity of the rudder     08-09: Initially    Aviation
 main spar tube for corrosion      inspect within      Corporation Ag-
 and do a visual inspection of     the next 60         Cat Service
 the exterior of the rudder main   months after the    Bulletin No. 61,
 spar tube for corrosion.          last inspection     dated June 6,
                                   required in AD 78-  1977.
                                   08-09 or within
                                   the next 30 days
                                   after December
                                   19, 2008 (the
                                   effective date of
                                   this AD),
                                   whichever occurs
                                   later.
                                   Repetitively
                                   inspect
                                   thereafter at
                                   intervals not to
                                   exceed 60
                                   calendar months.

[[Page 67374]]

 
                                  (ii) For airplanes  ..................
                                   not previously
                                   affected by AD 78-
                                   08-09: Initially
                                   inspect within
                                   the next 30 days
                                   after the
                                   effective date of
                                   this AD.
                                   Repetitively
                                   inspect
                                   thereafter at
                                   intervals not to
                                   exceed 60
                                   calendar months.
(2) If corrosion is found during  Before further      As specified in
 any inspection required in        flight after any    Steps 5 and 6 of
 paragraph (e)(1) of this AD,      inspection in       Grumman American
 repair in accordance with         which corrosion     Aviation
 Advisory Circular 43.13-1B, Chg   is found.           Corporation Ag-
 1, dated September 27, 2001, or                       Cat Service
 replace the damaged part(s).                          Bulletin No. 61,
                                                       dated June 6,
                                                       1977, and
                                                       following
                                                       Advisory Circular
                                                       43.13-1B, Chg 1,
                                                       dated September
                                                       27, 2001, which
                                                       can be found at
                                                       http://rgl.faa.gov/.
(3) After each inspection,        Before further      As specified in
 repair, or replacement required   flight after any    Step 4 of Grumman
 in this AD, corrosion protect     inspection          American Aviation
 the spar tube internal cavity     required in         Corporation Ag-
 by filling with warm, raw         paragraph (e)(1)    Cat Service
 linseed oil, Paralketone, or      of this AD and      Bulletin No. 61,
 CRC3 (LPS Heavy Duty Rust         after any repair    dated June 6,
 Inhibitor Type 3), or suitable    or replacement      1977.
 equivalent protector for alloy    required in
 steel, and allow to drain. Seal   paragraph (e)(2)
 access hole with Scotch           of this AD.
 caulking compound, a suitable
 silicone based sealant, or
 equivalent.
(4) Verify rigging check of the   Before further      (i) Following Ag-
 rudder.                           flight after any    Cat Maintenance
                                   inspection          Manual pages 6-14
                                   required in         through 6-16,
                                   paragraph (e)(1)    copyright 1978;
                                   of this AD and      or
                                   after any repair   (ii) Following Ag-
                                   or replacement      Cat G-164D
                                   required in         Maintenance
                                   paragraph (e)(2)    Manual pages 6-24
                                   of this AD.         and 6-29,
                                                       copyright 1995.
(5) Only install a rudder that    As of the next 30   Not applicable.
 has been inspected as specified   days after
 in paragraph (e)(1) of this AD,   December 19, 2008
 is free of corrosion, and has     (the effective
 had the corrosion protection      date of this AD).
 applied and sealed as specified
 in paragraph (e)(3) of this AD.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Fort Worth Airplane Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: Andy 
McAnaul, Aerospace Engineer, ASW-150, FAA San Antonio MIDO-43, 10100 
Reunion Place, Suite 650, San Antonio, Texas 78216, phone: (210) 
308-3365; fax: (210) 308-3370. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (g) AMOCs approved for AD 78-08-09 are not approved for this AD.

Material Incorporated by Reference

    (h) You must use Grumman American Aviation Corporation Ag-Cat 
Service Bulletin No. 61, dated June 6, 1977, and Ag-Cat Maintenance 
Manual pages 6-14 through 6-16, copyright 1978; or Ag-Cat G-164D 
Maintenance Manual pages 6-24 and 6-29, copyright 1995, 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 
Allied Ag Cat Productions, Inc., 301 West Walnut Street, P.O. Box 
482, Walnut Ridge, Arkansas 72479; telephone: (870) 886-2418.
    (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 23, 2008.
John Colomy,
Acting, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E8-25766 Filed 11-13-08; 8:45 am]
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