[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Proposed Rules]
[Pages 54498-54501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25443]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0987; Directorate Identifier 2009-CE-054-AD]
RIN 2120-AA64


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

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above that would supersede an existing AD. This 
proposed AD results from mandatory continuing airworthiness information 
(MCAI) originated 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:

    Late in 2002 the manufacturer advised CASA of another Nomad 
accident which was possibly caused by aileron flutter with the

[[Page 54499]]

flaps at 38 degrees. This, along with the other flutter incidents, 
has resulted in the manufacturer issuing ANMD-57-18 Issue 1 as a 
precautionary measure while they further investigate the issue.
    The manufacturer has now completed their investigation and 
issued Alert Service Bulletin ANMD-27-53 to modify flap actuation 
linkages to restore the necessary rigidity to the outboard flap, and 
hence the aileron. The unacceptable flexibility of the outboard flap 
mechanism allows flutter to occur in extreme circumstances.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 7, 
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

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 this proposed AD, 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.

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; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0987; 
Directorate Identifier 2009-CE-054-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On October 13, 2006, we issued AD 2006-21-12, Amendment 39-14797 
(71 FR 61636; October 19, 2006). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2006-21-12, the manufacturer completed their 
flutter investigation and issued Nomad Alert Service Bulletin ANMD-27-
53, dated February 20, 2008, to modify flap actuation linkages. This 
modification restores the necessary rigidity to the outboard flap, and 
hence the aileron.
    The Civil Aviation Safety Authority, which is the aviation 
authority for Australia, has issued AD number AD/GAF-N22/69 Amdt 6, 
dated September 10, 2009 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    Late in 2002 the manufacturer advised CASA of another Nomad 
accident which was possibly caused by aileron flutter with the flaps 
at 38 degrees. This, along with the other flutter incidents, has 
resulted in the manufacturer issuing ANMD-57-18 Issue 1 as a 
precautionary measure while they further investigate the issue.
    The manufacturer has now completed their investigation and 
issued Alert Service Bulletin ANMD-27-53 to modify flap actuation 
linkages to restore the necessary rigidity to the outboard flap, and 
hence the aileron. The unacceptable flexibility of the outboard flap 
mechanism allows flutter to occur in extreme circumstances.
    This amendment mandates Alert Service Bulletin ANMD-27-53, which 
requires modifications to the aircraft, but terminates the 
limitations imposed by earlier amendments.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    AeroSpace Technologies of Australia Pty Ltd has issued Nomad Alert 
Service Bulletin ANMD-27-53, dated February 20, 2008. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed 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 proposed 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 proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 15 products of U.S. 
registry. We also estimate that it would take about 73 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $80 per work-hour. Required parts would cost 
about $15,100 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $314,100, or $20,940 per product.

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

[[Page 54500]]

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 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.
    For the reasons discussed above, I certify this proposed 
regulation:
    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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    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

    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 Amendment 39-14797 (71 FR 
61636; October 19, 2006), and adding the following new AD:

AeroSpace Technologies of Australia Pty Ltd: Docket No. FAA-2009-
0987; Directorate Identifier 2009-CE-054-AD.

Comments Due Date

    (a) We must receive comments by December 7, 2009.

Affected ADs

    (b) This AD supersedes AD 2006-21-12 Amendment 39-14797.

Applicability

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

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Late in 2002 the manufacturer advised CASA of another Nomad 
accident which was possibly caused by aileron flutter with the flaps 
at 38 degrees. This, along with the other flutter incidents, has 
resulted in the manufacturer issuing ANMD-57-18 Issue 1 as a 
precautionary measure while they further investigate the issue.
    The manufacturer has now completed their investigation and 
issued Alert Service Bulletin ANMD-27-53 to modify flap actuation 
linkages to restore the necessary rigidity to the outboard flap, and 
hence the aileron. The unacceptable flexibility of the outboard flap 
mechanism allows flutter to occur in extreme circumstances.
    This amendment mandates Alert Service Bulletin ANMD-27-53, which 
requires modifications to the aircraft, but terminates the 
limitations imposed by earlier amendments.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Visually inspect the left-hand and right-hand ailerons for 
damage (i.e., distortion, bending, impact marks) and repair or 
replace any damaged aileron found following instructions obtained 
from the type-certificate holder (AeroSpace Technologies of 
Australia Pty Ltd) within the following time:
    (i) For Models N22B and N24A airplanes: Inspect within 50 hours 
time-in-service (TIS) after December 23, 2003 (the effective date 
retained from AD 2003-22-13).
    (ii) For Model N22S airplanes: Inspect within the next 10 hours 
TIS after November 8, 2006 (the effective date retained from AD 
2006-21-12), or within 30 days after November 8, 2006 (the effective 
date retained from AD 2006-21-12), whichever occurs first.
    (iii) For all airplanes: Repair or replace before further flight 
after the inspection where damage is found.
    (2) Adjust the engine power lever actuated landing gear ``up'' 
aural warning microswitches, perform a ground test, and if 
deficiencies are detected during the ground test, make the necessary 
adjustments following Nomad Alert Service Bulletin ANMD-57-18, Rev 
1, dated August 14, 2006, within the following time:
    (i) For Models N22B and N24A airplanes: Within 50 hours TIS 
after December 23, 2003 (the effective date retained from AD 2003-
22-13), unless already done following Nomad Alert Service Bulletin 
ANMD 57-18, dated December 19, 2002.
    (ii) For Model N22S airplanes: Within the next 10 hours TIS 
after November 8, 2006 (the effective date retained from AD 2006-21-
12), or within 30 days after November 8, 2006 (the effective date 
retained from AD 2006-21-12), whichever occurs first.
    (3) For all airplanes: Do the following within the next 10 hours 
TIS after the effective date of this AD or within 30 days after the 
effective date of this AD, whichever occurs first:
    (i) Incorporate the maximum flap extension limitations specified 
in paragraph 2.D. of Nomad Alert Service Bulletin ANMD-57-18, Rev 1, 
dated August 14, 2006, into the Limitations section of the airplane 
flight manual (AFM). To show compliance with this paragraph of this 
AD, a copy of page 7 of Nomad Alert Service Bulletin ANMD-57-18, Rev 
1, dated August 14, 2006, may be inserted into the Limitations 
section of the AFM. You may take ``unless already done credit'' for 
this subparagraph if done in accordance with AD 2006-21-12 and no 
further action is required to comply with this subparagraph.
    (ii) Fabricate (using at least \1/8\-inch letters) and install 
placards on the instrument panel within the pilot's clear view as 
specified in paragraph 2.E. of Nomad Alert Service Bulletin ANMD-57-
18, Rev 1, dated August 14, 2006. You may take ``unless already done 
credit'' for this subparagraph if done in accordance with AD 2006-
21-12 and no further action is required to comply with this 
subparagraph.
    (iii) Incorporate the landing performance information specified 
in paragraph 2.F. of Nomad Alert Service Bulletin ANMD-57-18, Rev 1, 
dated August 14, 2006, into the Limitations section and the 
Performance section of the AFM.
    (4) For all airplanes: Modify the outboard forward flap linkage 
(Modification N953) and modify the outboard aft flap (aileron) mass 
balance following Nomad Alert Service Bulletin ANMD-27-53, dated 
February 20, 2008, within the next 12 months after the effective 
date of this AD. Accomplishment of all of the actions specified in 
Nomad Alert Service Bulletin ANMD-27-53, dated February 20, 2008, 
terminates the limitations requirements and the placard requirements 
specified in paragraph (f)(3) of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

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: Doug Rudolph, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4059; fax: (816) 329-4090; e-mail: 
[email protected]. 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

[[Page 54501]]

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.
    (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 Civil Aviation Safety Authority of Australia, 
AD number AD/GAF-N22/69 Amdt 6, dated September 10, 2009, Nomad 
Alert Service Bulletin ANMD-27-53, dated February 20, 2008, and 
Nomad Alert Service Bulletin ANMD-57-18, Rev 1, dated August 14, 
2006, for related information.

    Issued in Kansas City, Missouri, on October 15, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-25443 Filed 10-21-09; 8:45 am]
BILLING CODE 4910-13-P