[Federal Register: July 17, 2008 (Volume 73, Number 138)]
[Rules and Regulations]               
[Page 40951-40953]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy08-3]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0543 Directorate Identifier 2007-CE-092-AD; 
Amendment 39-15607; AD 2008-14-12]
RIN 2120-AA64

 
Airworthiness Directives; Pacific Aerospace Limited Model FU-24 
Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued 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:

    To prevent the possible in-flight failure of the vertical fin, 
leading to loss of control of the aircraft * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective August 21, 2008.
    On August 21, 2008, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at Document Management Facility, U.S.

[[Page 40952]]

Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on May 13, 2008 (73 FR 
27479). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    To prevent the possible in-flight failure of the vertical fin, 
leading to loss of control of the aircraft * * *

The MCAI requires inspections of the vertical fin for cracking, 
corrosion, scratches, dents, creases, and/or buckling and the repair of 
any damaged area.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This 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 required 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 AD.

Costs of Compliance

    Based on the service information, we estimate that this AD will 
affect 2 products of U.S. registry. We also estimate that it will take 
about 1 work-hour per product to comply with basic requirements of this 
AD. The average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $160 or $80 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 24 work-hours and require parts costing $1,000, for a cost 
of $2,920 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 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD Docket.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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:

2008-14-12 Pacific Aerospace Corporation, Ltd: Amendment 39-15607; 
Docket No. FAA-2008-0543; Directorate Identifier 2007-CE-092-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
21, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to FU-24 airplanes, all serial numbers, 
certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 53: 
Fuselage.

Reason

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

    To prevent the possible in-flight failure of the vertical fin, 
leading to loss of control of the aircraft * * *

The MCAI requires inspections of the vertical fin for cracking, 
corrosion, scratches, dents, creases, and/or buckling and the repair 
of any damaged area.

Actions and Compliance

    (f) Unless already done, after August 21, 2008 (the effective 
date of this AD), do the following actions following Chapter 05, 
page 25 of the FU-24-950 Series Maintenance Manual:
    (1) Before the first flight of each day, visually inspect the 
vertical stabilizer leading

[[Page 40953]]

edge skin and fin for any cracking, corrosion, scratches, dents, 
creases, and/or buckling and repair as necessary. All non-
transparent protective coatings and their adhesive must be removed 
for this inspection.
    (2) Within 100 hours time-in-service (TIS) after August 21, 2008 
(the effective date of this AD), and repetitively thereafter at 
intervals not to exceed 100 hours TIS, perform a detailed inspection 
of the vertical stabilizer leading edge skin, leading edge, fin 
skin, and the fin forward attachment point for any cracking, 
corrosion, scratches, dents, creases, and/or buckling to include:
    (i) Inspection of the entire leading edge down to the forward 
attach fitting and removal of dorsal fin extensions if installed in 
order to inspect the obscured areas of the fin.
    (ii) Inspection of the fin skin for corrosion and cracks, paying 
particular attention to the center rib rivet holes and the skin 
joint at the fin base.
    (iii) Inspection of the fin forward attachment point for 
corrosion, removal of the fin tip, and inspection of the top rib for 
cracks at the skin stiffener cutouts.
    (3) If any damage is found during any inspection required in 
paragraph (f)(1) or (f)(2) of this AD, before further flight, obtain 
an FAA-approved repair scheme from the manufacturer and incorporate 
that repair.
    (4) The following transparent polyurethane protective tapes have 
been assessed as suitable for use to re-protect the leading edge and 
may remain in situ for subsequent inspections, provided they are 
sound and in a condition to permit visual inspection of the skin 
beneath them:

------------------------------------------------------------------------
           Manufacturer                            Product
------------------------------------------------------------------------
(i) 3M............................  8591, or 8671, 8672 and 8681HS
                                     (aeronautical grade).
(ii) Scapa........................  Aeroshield P2604 (transparent).
------------------------------------------------------------------------


    Note 1: You may apply for an alternative method of compliance 
(AMOC) for an alternative to the transparent polyurethane protective 
tapes listed above.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows:
    (1) The inspections required in this AD must be performed by a 
person authorized under 14 CFR part 43 to perform inspections, as 
opposed to the MCAI, which allows the holder of a pilot license to 
perform the inspections.
    (2) The 50-hour inspection required in the MCAI goes away 
because the ``before the first flight of each day'' inspection 
captures the intent.

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: Karl Schletzbaum, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; 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 Authority of New Zealand AD 
DCA/FU24/176C, dated September 27, 2007, for related information.

Material Incorporated by Reference

    (i) You must use Chapter 05, page 25 of the FU-24-950 Series 
Maintenance Manual, issued December 1978, to do the actions required 
by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Pacific Aerospace Limited, Hamilton Airport, Private Bag, 3027 
Hamilton, New Zealand; telephone: +64 7-843-6144; facsimile: +64 7-
843-6134.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or 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 June 30, 2008.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E8-16191 Filed 7-16-08; 8:45 am]

BILLING CODE 4910-13-P