[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Proposed Rules]
[Pages 10694-10696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5009]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / 
Proposed Rules  

[[Page 10694]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0235; Directorate Identifier 2010-CE-010-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: The results of full scale 
fatigue tests being conducted by the manufacturer have shown the need 
for inspection of critical fastener holes in the stub wing upper front 
spar cap, near the wing strut attachment. 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 April 23, 2010.

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-2010-0235; 
Directorate Identifier 2010-CE-010-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 July 11, 1997, we issued AD 97-11-12, Amendment 39-10041 (62 FR 
28997, May 29, 1997). That AD required actions intended to address an 
unsafe condition on the products listed above.
    Since we issued AD 97-11-12, the manufacturer has revised the 
service information to simplify the visual inspection method.
    The Civil Aviation Safety Authority (CASA), which is the aviation 
authority for Australia, has issued AD GAF-N22-52, Amendment 1, dated 
January 2010 (referred to after this as ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    The results of full scale fatigue tests being conducted by the 
manufacturer have shown the need for inspection of critical fastener 
holes in the stub wing upper front spar cap, near the wing strut 
attachment.
    Amendment 1 adopts the manufacturer's latest service bulletin. 
Its new inspection method avoids having to remove the Huck bolts and 
the potential to damage the holes.

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

Relevant Service Information

    AeroSpace Technologies of Australia Limited has issued Nomad 
Service Bulletin NMD-53-22, dated April 17, 2007. 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

[[Page 10695]]

policies. Any such differences are highlighted in a NOTE within the 
proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 25 products of U.S. 
registry. We also estimate that it would take about 2 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $4,250, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 4 work-hours and require parts costing $2,500, for a cost of 
$2,840 per product. We have no way of determining the number of 
products that may need these 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 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 39-10041 (62 FR 
28997, May 29, 1997), and adding the following new AD:

AeroSpace Technologies of Australia Pty Ltd: Docket No. FAA-2010-
0235; Directorate Identifier 2010-CE-010-AD.

Comments Due Date

    (a) We must receive comments by April 23, 2010.

Affected ADs

    (b) This AD supersedes 97-11-12, Amendment 39-10041.

Applicability

    (c) This AD applies to Models N22B, N22S, and N24A airplanes, 
all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

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

    The results of full scale fatigue tests being conducted by the 
manufacturer have shown the need for inspection of critical fastener 
holes in the stub wing upper front spar cap, near the wing strut 
attachment.
    Amendment 1 adopts the manufacturer's latest service bulletin. 
Its new inspection method avoids having to remove the Huck bolts and 
the potential to damage the holes.

Actions and Compliance

    (f) Unless already done, do the following actions in accordance 
with Nomad Service Bulletin NMD-53-22, dated April 17, 2007:
    (1) Within the next 100 hours time-in-service (TIS) after the 
effective date of this AD or within the next 90 days after the 
effective date of this AD, whichever occurs first, install an 
inspection hole in the left-hand and right-hand stub wing bottom 
skin.
    (2) Before further flight after installing the inspection holes 
required in paragraph (f)(1) of this AD, initially inspect the stub 
wing front spar cap for cracks. Repetitively inspect thereafter 
every 600 hours TIS.
    (3) If any crack is found during any inspection required in 
paragraph (f)(2) of this AD, before further flight contact Customer 
Support Manager, Gippsland Aeronautics Pty Ltd., P.O. Box 881, 
MORWELL, Victoria, 3040, Australia; phone: +61 3 5172 1200; fax: +61 
3 5172 1201; e-mail: [email protected], for an FAA-approved 
repair scheme/modification and incorporate the repair scheme/
modification. Due to FAA policy, the repair scheme/modification for 
crack damage must include an immediate repair of the crack. The 
repair scheme cannot be by repetitive inspection only. The repair 
scheme/modification may incorporate repetitive inspections in 
addition to the repetitive inspections required in paragraph (f)(2) 
of this AD. Continued operational flight with un-repaired crack 
damage is not permitted.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: The MCAI states to follow the service bulletin. The 
service bulletin does not specifically call out a corrective action 
if cracks are found. The FAA is including specific instruction of 
corrective action in the AD.

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. 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.
    (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 (CASA) AD GAF-
N22-52,

[[Page 10696]]

Amendment 1, dated January 2010; and Nomad Service Bulletin NMD-53-
22, dated April 17, 2007, for related information.

    Issued in Kansas City, Missouri, on March 2, 2010.
Sandra J. Campbell,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-5009 Filed 3-8-10; 8:45 am]
BILLING CODE 4910-13-P