[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 52946-52948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21444]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3656; Directorate Identifier 2015-CE-027-AD; 
Amendment 39-18259; AD 2015-18-01]
RIN 2120-AA64


Airworthiness Directives; Vulcanair S.p.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for 
Vulcanair S.p.A. Model P.68R airplanes. This AD results from mandatory 
continuing airworthiness information (MCAI) issued by the aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as a discrepancy in the climb performance reported in the 
airplane flight manual and in the actual performance of the airplane. 
We are issuing this AD to require actions to address the unsafe 
condition on these products.

DATES: This AD is effective September 22, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of September 22, 
2015.
    We must receive comments on this AD by October 19, 2015.

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.
    For service information identified in this AD, contact Vulcanair 
S.p.A., Via Giovanni Pascoli 80026 Casoria NA Italy; telephone: +39 081 
5918111; fax: +39 081 5918172; Internet: http://www.vulcanair.com/technical-support; email: [email protected]. You 
may view this referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For information 
on the availability of this material at the FAA, call (816) 329-4148. 
It is also available on the Internet at http://www.regulations.gov by 
searching for Docket No. FAA-2015-3656.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3656; 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 AD, the regulatory evaluation, any comments received, and 
other information. The street address for

[[Page 52947]]

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: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued AD 
No.: 2015-0145, dated July 21, 2015 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    During a recent flight test campaign to evaluate the performance 
and handling characteristics of a P.68R aeroplane in support of an 
STC application, differences were noticed between the climb 
performance reported in the applicable Aircraft Flight Manual (AFM) 
and the performance demonstrated during those tests.
    Prompted by these findings, further flight tests performed by 
Vulcanair confirmed that the All Engines Operative (AEO) rate of 
climb (ROC) performance, as published in the current revision of the 
applicable AFMs, is incorrect.
    This condition, if not corrected, could lead to over-estimation 
of AEO ROC, possibly resulting in impact with terrain or obstacle 
due to erroneous evaluation of aeroplane climb performance.
    To address this potential unsafe condition, Vulcanair S.p.A. 
revised the applicable AFMs, informing operators with Service 
Bulletin (SB) No. 244.

    For the reason described above, this AD requires revising 
applicable AFM.
    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3656.

Relevant Service Information Under 1 CFR Part 51

    Vulcanair S.p.A. has issued Vulcanair Aircraft P.68 Variants 
Mandatory Service Bulletin No. 244, dated April 24, 2015. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI. The service information 
describes procedures for replacing the applicable airplane flight 
manual with its latest revision including the changes related to the 
airplane's rate of climb performance.
    Pages 5-1 through 5-34, in Section 5, Revision 27, dated April 23, 
2015, of the Vulcanair Aircraft P.68R POH/AFM, NOR10.707-30C, Revision 
17, dated July 22, 2013 and pages 1 through 42, in Supplement F, in 
Section 8, Revision 27, dated April 23, 2015, of the Vulcanair Aircraft 
P.68R POH/AFM, NOR10.707-30C, Revision 17, dated July 22, 2013, 
detailing changes related to the airplane's rate of climb performance, 
are the applicable airplane flight manual latest revision replacement 
pages required by Vulcanair Aircraft P.68 Variants Mandatory Service 
Bulletin No. 244, dated April 24, 2015.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section of this 
AD.

FAA's Determination and Requirements of the 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 issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
differences have been found between the climb performance reported in 
the applicable aircraft flight manual (AFM) and the performance 
demonstrated during test flights. This condition, if not corrected, 
could result in over-estimation of the airplane's rate of climb, 
resulting in impact with obstructions or terrain. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2015-3656; Directorate 
Identifier 2015-CE-027-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 1 product of U.S. registry. We 
also estimate that it would take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $85, or $85 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 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 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

[[Page 52948]]

Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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:

2015-18-01 Vulcanair S.p.A.: Amendment 39-18259; Docket No. FAA-
2015-3656; Directorate Identifier 2015-CE-027-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
22, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Vulcanair S.p.A. Models P.68R airplanes, 
serial numbers 458/R and subsequent, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 34: Navigation.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as a discrepancy in 
the climb performance reported in the airplane flight manual (AFM) 
and/or pilots operating handbook (POH) in the actual performance of 
the airplane. We are issuing this AD to correct the AFM by inserting 
the proper climb performance data into the manual, which if not 
corrected could result in over-estimation of the airplane's rate of 
climb, resulting in impact with obstructions or terrain.

(f) Actions and Compliance

    Unless already done, within 30 days after the effective date of 
this AD, insert pages 5-1 through 5-34, into Section 5, Revision 27, 
dated April 23, 2015, of the Vulcanair Aircraft P.68R POH/AFM, 
NOR10.707-30C, Revision 17, dated July 22, 2013; and pages 1 through 
42, into Supplement F, in Section 8, Revision 27; dated April 23, 
2015, of the Vulcanair Aircraft P.68R POH/AFM, NOR10.707-30C, 
Revision 17, dated July 22, 2013, following the instructions in 
Vulcanair Aircraft P.68 Variants Mandatory Service Bulletin No. 244, 
dated April 24, 2015.

(g) Other FAA AD Provisions

    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: Mike Kiesov, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4144; fax: (816) 329-4090; email: 
[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 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.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 
2015-0145, dated July 21, 2015, for related information. You may 
examine the MCAI on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2015-3656.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Vulcanair Aircraft P.68 Variants Mandatory Service Bulletin 
No. 244, dated April 24, 2015.
    (ii) Pages 5-1 through 5-34, in Section 5, Revision 27, dated 
April 23, 2015, of the Vulcanair Aircraft P.68R POH/AFM, NOR10.707-
30C, Revision 17, dated July 22, 2013.
    (iii) Pages 1 through 42, in Supplement F, in Section 8, 
Revision 27; dated April 23, 2015; of the Vulcanair Aircraft P.68R 
POH/AFM, NOR10.707-30C, Revision 17, dated July 22, 2013.
    (3) For Vulcanair service information identified in this AD, 
contact Vulcanair S.p.A., Via Giovanni Pascoli 80026 Casoria NA 
Italy; telephone: +39 081 5918111; fax: +39 081 5918172; Internet: 
http://www.vulcanair.com/technical-support; email: 
[email protected].
    (4) You may view this service information at the FAA, Small 
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148. It is also available on the Internet at http://www.regulations.gov by searching for locating Docket No. FAA-2015-
3656.
    (5) You may view this service information that is incorporated 
by reference 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 August 21, 2015.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2015-21444 Filed 9-1-15; 8:45 am]
BILLING CODE 4910-13-P