[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Rules and Regulations]
[Pages 51330-51332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18265]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8838; Directorate Identifier 2016-CE-020-AD; 
Amendment 39-18601; AD 2016-16-03]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited 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 Pacific 
Aerospace Limited Models FU24-954 and FU24A-954 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 cracked elevator torque tubes. We are issuing 
this AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective September 8, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publication listed in this AD as of September 8, 
2016.
    We must receive comments on this AD by September 19, 2016.

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 Pacific 
Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 
3240, New Zealand; telephone: +64 7 843 6144; facsimile: +64 7 843 
6134; email: [email protected]; Internet: www.aerospace.co.nz. 
You may review copies of the referenced service information at the FAA, 
Small Airplane

[[Page 51331]]

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-2016-8838.

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-2016-
8838; 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 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: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The Civil Aviation Authority (CAA), which is the aviation authority 
for New Zealand, has issued AD No. DCA/FU24/184, dated July 7, 2016 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for Pacific Aerospace Limited Models FU24-954 and FU24A-954 
airplanes and was based on mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country. The MCAI states:

    This AD is prompted by two reports received by the CAA of 
finding a crack in the elevator torque tube on two Cresco 08-600 
aircraft. The same P/N elevator torque tube if fitted to FU24 and 
FU24A series aircraft. The AD is issued to prevent failure of the 
elevator torque tube due to possible fatigue, which could result in 
cracks, and loss of elevator and aileron control.

    The MCAI requires inspecting the elevator torque tube for cracks 
and replacing the elevator torque tube is any cracks are found. You may 
examine the MCAI on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2016-8838.

Related Service Information Under 1 CFR Part 51

    Pacific Aerospace Limited (previously Pacific Aerospace Corporation 
Ltd.) has issued Chapter 27, Flight Controls, dated May 1980, of the 
Maintenance Manual for the Fletcher FU24 and FU24A Post-954. The 
information in Chapter 27 of the referenced maintenance manual 
describes procedures for replacing the elevator torque tube. 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 This 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 there 
are no airplanes currently on the U.S. registry and thus, does not have 
any impact upon the public. Therefore, we find that notice and 
opportunity for prior public comment are unnecessary.

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-2016-8838; Directorate 
Identifier 2016-CE-020-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 0 products of U.S. registry. 
We also estimate that it will take about .5 work-hour per product to 
comply with the basic inspection requirement of this AD. The average 
labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the inspection 
requirement of this AD on U.S. operators to be $42.50 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 4 work-hours and require parts costing $3,012, for a cost of 
$3,352 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 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,

[[Page 51332]]

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:

2016-16-03 Pacific Aerospace Limited: Amendment 39-18601; Docket No. 
FAA-2016-8838; Directorate Identifier 2016-CE-020-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 8, 
2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Models FU24-954 and 
FU24A-954 airplanes, all serial numbers, that are:
    (1) Equipped with an elevator torque tube, part number (P/N) 
242837, 242527, 242835, or 242646; and
    (2) Certificated in any category.

(d) Subject

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

(e) Reason

    This 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 cracks found in 
the elevator torque tubes. We are issuing this AD to prevent failure 
of the elevator torque tube, which could cause loss of elevator and 
aileron control.

 (f) Actions and Compliance

    Unless already done, do the following actions.
    (1) Within the next 25 hours time-in-service after September 8, 
2016 (the effective date of this AD), do a detailed visual 
inspection of the elevator torque tube for cracks.
    (2) Before further flight after the inspection required in 
paragraph (f)(1) of this AD, replace the elevator torque tube with a 
serviceable elevator torque tube if any cracks are found. Do the 
replacement following Chapter 27, Flight Controls, dated May 1980, 
of the Maintenance Manual for the Fletcher FU24 and FU24A Post-954, 
Pacific Aerospace Corporation, Ltd.

    Note 1 to paragraph (f) of this AD: This AD does not affect the 
required repetitive inspections of the control column/elevator 
torque tubes as specified in the FAA-approved maintenance program.

(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: Karl Schletzbaum, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4123; 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) Special Flight Permit

    Special flight permits are prohibited.

(i) Related Information

    Refer to MCAI Civil Aviation Authority (CAA) AD No. DCA/FU24/
184, dated July 7, 2016, for related information. You may examine 
the MCAI on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-8838.

(j) 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 this AD specifies otherwise.
    (i) Chapter 27, Flight Controls, dated May 1980, of the 
Maintenance Manual for the Fletcher FU24 and FU24A Post-954, Pacific 
Aerospace Corporation, Ltd.
    (ii) Reserved.
    (3) For Pacific Aerospace Limited (previously Pacific Aerospace 
Corporation Ltd.) service information identified in this AD, contact 
Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, 
Hamilton 3240, New Zealand; telephone: +64 7 843 6144; facsimile: 
+64 7 843 6134; email: [email protected]; Internet: 
www.aerospace.co.nz.
    (4) You may view this service information at 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-2016-
8838.
    (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 July 26, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-18265 Filed 8-3-16; 8:45 am]
BILLING CODE 4910-13-P