[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Rules and Regulations]
[Pages 13999-14001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06909]



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 Rules and Regulations
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  Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Rules 
and Regulations  

[[Page 13999]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0210; Product Identifier 2019-CE-004-AD; Amendment 
39-19608; AD 2019-06-10]
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 AP68TP-300 ``SPARTACUS'' and Model AP68TP-600 
``VIATOR'' 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 cracks on 
wing ribs, which could result in reduced structural integrity of the 
wing assembly. We are issuing this AD to require actions to address the 
unsafe condition on these products.

DATES: This AD is effective April 29, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of April 29, 
2019.
    We must receive comments on this AD by May 24, 2019.

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; 
email: [email protected]; or [email protected]. You 
may view this referenced service information at the FAA, Policy and 
Innovation, 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-2019-0210.

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-2019-
0210; or in person at Docket Operations 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 Docket Operations (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 Standards Branch, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4059; 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. 2018-0269, dated December 11, 2018 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    An occurrence was reported of finding cracks in the affected 
area [wing ribs #3 and #4] on an AP68TP-600 ``Viator'' aeroplane 
during a scheduled inspection task. Prompted by post-analysis of the 
occurrence, Vulcanair determined that some aeroplanes were 
reinforced in the affected area, through a repair developed by 
Partenavia. Vulcanair also determined that this repair would have 
prevented the crack initiation. It was finally determined that 
AP68TP-300 ``Spartacus'' aeroplanes are also affected by this 
condition.
    This condition, if not detected and corrected, could affect the 
structural integrity of the wing assembly of the aeroplane.
    To address this potential unsafe condition, Vulcanair issued the 
[service bulletin] SB, embodying the repair designed by Partenavia, 
providing instructions for one-time inspection of [left-hand/right-
hand] LH/RH wing ribs #3 and #4, and for modification (reinforcement 
or embodiment of appropriate repair), as necessary.
For the reasons described above, this [EASA] AD requires a one-time 
inspection of the affected area, and, depending on findings, 
accomplishment of the applicable modification (repair or 
reinforcement of the affected area) of the aeroplane.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0210.

Related Service Information Under 1 CFR Part 51

    We reviewed Vulcanair Aircraft Service Bulletin No. TP-43, First 
Issue, dated October 15, 2018. The service information contains 
procedures for inspecting the left hand (LH) and right hand (RH) wing 
ribs number 3 and number 4 and includes a table indicating the 
necessary actions for installation of reinforcements and repair of 
cracks. We also reviewed Vulcanair Aircraft Service Instruction No. 
106, First Issue, dated October 15, 2018, which contains instructions 
for installing reinforcement Kit SI106 on the LH and RH wing rib number 
3; and Vulcanair Aircraft Service Instruction No. 107, First Issue, 
dated October 15, 2018, which contains instructions for installing 
reinforcement Kit SI107 on the LH and RH wing rib number 4. 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.

[[Page 14000]]

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 
cracks in the wing ribs could result in reduced strength and stiffness 
of the wing and lead to failure of the wing with consequent inflight 
breakup of the airplane. Cracks in the ribs could also initiate 
cracking in other adjacent structures, which would accelerate the 
reduction in structural strength. Therefore, we find good cause that 
notice and opportunity for prior public comment are impracticable. In 
addition, for the reasons stated above, we find that good cause exists 
for making this amendment effective in less 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-2019-0210; Product 
Identifier 2019-CE-004-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 2 products of U.S. registry. 
We also estimate that it would take about 1 work-hour per product to 
comply with the inspection 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 $170, or $85 per product.
    In addition, we estimate that any necessary installation of the 
reinforcement modification would take about 8 work-hours for rib number 
3 on each wing; 8 work-hours for rib number 4 on each wing; and 12 
work-hours for both ribs numbers 3 and 4 on each wing.
    The following are a parts cost estimates per side:
    1. Kit SI106 (if the required corrective action is the installation 
of the reinforcement to LH or RH wing rib #3) $240.
    2. Kit SI107/A (if the required corrective action is the 
installation of upper and rear reinforcements to LH or RH wing rib 
number 4 due to no reinforcements existing) $469.
    3. Kit SI107/B (if the required corrective action is the 
installation of rear reinforcements to LH or RH wing rib number 4 due 
to only the upper reinforcement existing) $240.
    4. Kit SI107/C (if the required corrective action is the 
installation of upper reinforcement to LH or RH wing rib number 4 due 
to only the rear reinforcement existing) $240.
    Since installation of the reinforcement modification kits can only 
be done on airplanes where cracks or corrosion was not found during the 
required inspection, we have no way of knowing how many airplanes may 
require the installation of the reinforcement modification kits.
    Also, damage from cracks or corrosion found during the inspection 
may vary from airplane to airplane and the cost to repair the damage 
will vary from airplane to airplane. Therefore, we have no way of 
knowing how many airplanes may require repair or the cost of that 
repair.

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to small airplanes, gliders, 
balloons, airships, domestic business jet transport airplanes, and 
associated appliances to the Director of the Policy and Innovation 
Division.

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, 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:


[[Page 14001]]


     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 airworthiness 
directive (AD):

2019-06-10 Vulcanair S.p.A.: Amendment 39-19608; Docket No. FAA-
2019-0210; Product Identifier 2019-CE-004-AD.

(a) Effective Date

    This AD becomes effective April 29, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Vulcanair S.p.A. Model AP68TP-300 
``SPARTACUS'' airplanes, serial numbers (S/N) 8001 through 8006, 
8008, 8009, and 8011; and Model AP68TP-600 ``VIATOR'' airplanes, S/N 
9001 through 9005, and 9010; certificated in any category.

(d) Subject

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

(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 cracks on the 
wing ribs. We are issuing this AD to detect, correct, and prevent 
cracks on the wing ribs, which could result in reduced structural 
integrity of the wing assembly and failure of the wing.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) through (3) within 3 months after April 29, 2019 (the 
effective date of this AD) or within 50 hours time-in-service after 
April 29, 2019 (the effective date of this AD), whichever occurs 
first.
    (1) Inspect the left hand (LH) and right hand (RH) sides of wing 
rib number 3 and wing rib number 4 for missing reinforcements, 
cracks, and corrosion by following the Work Procedure, paragraphs 1 
through 6, of Vulcanair Aircraft Service Bulletin No. TP-43, First 
Issue, dated October 15, 2018.
    (2) If there is no corrosion and no cracks and if a 
reinforcement is missing, before further flight, install the 
reinforcement in accordance with the Work Procedure, paragraphs 1 
through 19, of Vulcanair Aircraft Service Instruction No. 106, First 
Issue, dated October 15, 2018, for wing rib number 3 or the Work 
Procedure, sections 2.2 and 2.3, of Vulcanair Aircraft Service 
Instruction No. 107, First Issue, dated October 15, 2018, for wing 
rib number 4, as applicable to the missing reinforcement.
    (3) If there is any corrosion or a crack, before further flight, 
repair the wing spar in accordance with a method approved by the 
Manager, Small Airplane Standards Branch, FAA, at the address 
specified in paragraph (g) of this AD. For a repair method to be 
approved by the Manager, Small Airplane Standards Branch, as 
required by this paragraph, the Manager's approval letter must 
specifically refer to this AD.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Small Airplane Standards Branch, 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 Standards Branch, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-
4090; email:. 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must 
instead be accomplished using a method approved by the Manager, 
Small Airplane Standards Branch, FAA; or the European Aviation 
Safety Agency (EASA).

(h) Related Information

    Refer to MCAI EASA AD No. 2018-0269, dated December 11, 2018. 
You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0210.

(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 Service Bulletin No. TP-43, First Issue, 
dated October 15, 2018.
    (ii) Vulcanair Aircraft Service Instruction No. 106, First 
Issue, dated October 15, 2018.
    (iii) Vulcanair Aircraft Service Instruction No. 107, First 
Issue, dated October 15, 2018.
    (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; email: [email protected]; or 
[email protected].
    (4) You may view this service information at the FAA, Policy and 
Innovation, 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-2019-
02110.
    (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 March 25, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation 
Division, AIR-601.
[FR Doc. 2019-06909 Filed 4-8-19; 8:45 am]
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