[Federal Register Volume 73, Number 230 (Friday, November 28, 2008)]
[Rules and Regulations]
[Pages 72314-72316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27916]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1020 Directorate Identifier 2008-CE-053-AD; 
Amendment 39-15751; AD 2008-24-11]
RIN 2120-AA64


Airworthiness Directives; Vulcanair S.p.A. Model P68 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    The Safe Fatigue Limits (SFL) of the Wing Structure in the P68 
Series aircraft have been redefined from the current 8,500 Flight 
Hours to a new value to be calculated up to a maximum of 17,500 
Flight Hours. This has been developed by Vulcanair under Change No. 
MOD.P68/79 Rev. 1 and approved by EASA with No. EASA.A.C.02482 on 07 
June 2006.

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective January 2, 2009.
    On January 2, 2009, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on September 26, 2008 
(73 FR 55786). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    The Safe Fatigue Limits (SFL) of the Wing Structure in the P68 
Series aircraft have been redefined from the current 8,500 Flight 
Hours to a new value to be calculated up to a maximum of 17,500 
Flight Hours. This has been developed by Vulcanair under Change No. 
MOD.P68/79 Rev. 1 and approved by EASA with No. EASA.A.C.02482 on 07 
June 2006.
    The new Safe Fatigue Limits depend on:
    (a) Status of the modification (reinforcement) of the wing 
structure itself (Partenavia Service Bulletin No. 65 refers); and
    (b) Aircraft Flight Hours accumulated before the modification 
(reinforcement) was implemented.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect 72 products of U.S. registry. We also estimate that it will take 
about 80 work-hours per product to comply with basic requirements of 
this AD. The average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $460,800, or $6,400 per product.
    We have no way of determining the number of products that may need 
any necessary follow-on actions.

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 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on

[[Page 72315]]

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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Office (telephone (800) 647-5527) is 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 amends 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 adding the following new AD:

2008-24-11 Vulcanair S.p.A.: Amendment 39-15751; Docket No. FAA-
2008-1020; Directorate Identifier 2008-CE-053-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
2, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models P 68, P 68B, P 68C, P 68C-TC, P 68 
``OBSERVER,'' AP68TP300 ``SPARTACUS,'' P68TC ``OBSERVER,'' AP68TP 
600 ``VIATOR,'' and P68 ``OBSERVER 2'' airplanes; all serial 
numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 51: Standard 
Practices/Structures.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    The Safe Fatigue Limits (SFL) of the Wing Structure in the P68 
Series aircraft have been redefined from the current 8,500 Flight 
Hours to a new value to be calculated up to a maximum of 17,500 
Flight Hours. This has been developed by Vulcanair under Change No. 
MOD.P68/79 Rev. 1 and approved by EASA with No. EASA.A.C.02482 on 07 
June 2006.
    The new Safe Fatigue Limits depend on:
    (a) Status of the modification (reinforcement) of the wing 
structure itself (Partenavia Service Bulletin No. 65 refers); and
    (b) Aircraft Flight Hours accumulated before the modification 
(reinforcement) was implemented.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For serial numbers 01 through 356, determine the safe 
fatigue limit of the wing structure following Vulcanair S.p.A. 
Service Bulletin No. 120 Rev. 1, dated June 7, 2006, within 8,500 
hours time-in-service (TIS) since new or within 500 hours TIS after 
January 2, 2009 (the effective date of this AD), whichever occurs 
later.
    (2) For serial numbers 01 through 356, inspect the wing 
structure and the wing to fuselage attachments following Vulcanair 
S.p.A. Service Bulletin No. 120 Rev. 1, dated June 7, 2006, within 
the safe fatigue limit determined in paragraph (f)(1) of this AD or 
within 500 hours TIS after January 2, 2009 (the effective date of 
this AD), whichever occurs later. Repetitively thereafter inspect at 
intervals not to exceed every 500 hours TIS.
    (3) For serial numbers 357 and above, inspect the wing structure 
and the wing to fuselage attachments following Vulcanair S.p.A. 
Service Bulletin No. 120 Rev. 1, dated June 7, 2006, within 17,500 
hours TIS since new or within 500 hours TIS after January 2, 2009 
(the effective date of this AD), whichever occurs later. 
Repetitively thereafter inspect at intervals not to exceed every 500 
hours TIS.
    (4) For all serial numbers, inspect the stabilator following 
Vulcanair S.p.A. Service Bulletin No. 120 Rev. 1, dated June 7, 
2006, within 8,500 hours TIS since new or within 500 hours TIS after 
January 2, 2009 (the effective date of this AD), whichever occurs 
later. Repetitively thereafter inspect at intervals not to exceed 
every 500 hours TIS.
    (5) If as a result of any inspection required by paragraphs 
(f)(2), (f)(3), or (f)(4) of this AD you find any discrepancies (for 
example, cracked or broken parts), do one of the following actions 
before further flight:
    (i) Repair the airplane following FAA-approved repair 
instructions obtained from Vulcanair S.p.A.; or
    (ii) Repair the airplane following a repair method approved by 
the FAA for this AD. Contact the FAA at the address in paragraph 
(g)(1) of this AD for an FAA-approved method.

    Note 1: For certain Model P 68 airplanes, AD 85-08-04 requires 
repetitive inspections of the front and rear wing spars for cracks 
with modification if cracks are found. The modification terminates 
the repetitive inspections required in AD 85-08-04 and may be done 
regardless if cracks are found. The actions of AD 85-08-08 are 
independent of this AD action and remain in effect.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The MCAI is extending the safe fatigue limits of the wing 
structure and the wing to fuselage attachments of certain airplanes. 
Airplanes registered in the United States did not have safe fatigue 
limits established for the wing structure and the wing to fuselage 
attachments. This AD is establishing safe fatigue limits for the 
wing structure and the wing to fuselage attachments. This AD is also 
establishing safe fatigue limits for the stabilator.
    (2) The MCAI requires implementation of safe fatigue limits into 
the airplane maintenance program (maintenance program). An airplane 
registered in the United States and operated under 14 CFR part 91 is 
required to have a maintenance program, but not necessarily 
following the airplane maintenance manual. This AD requires you to 
do specific actions of Vulcanair S.p.A. Service Bulletin No. 120 
Rev. 1, dated June 7, 2006, rather than incorporating those actions 
into the maintenance program.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards 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: Sarjapur Nagarajan, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090. 
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.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

[[Page 72316]]

    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency AD No.: 2007-
0027, dated February 5, 2007, for related information.

Material Incorporated by Reference

    (i) You must use Vulcanair S.p.A. Service Bulletin No. 120 Rev. 
1, dated June 7, 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 
Vulcanair S.p.A, Via G. Pascoli, 7, Casoria (Naples), 80026 Italy; 
telephone: +39 081 5918111; fax: +39 081 5918172; e-mail: 
[email protected]; Internet: http://www.vulcanair.com.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, 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/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on November 19, 2008.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-27916 Filed 11-26-08; 8:45 am]
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