Airworthiness directives: Aerospace Technologies of Australia Pty Ltd.,

[Federal Register: October 19, 2006 (Volume 71, Number 202)]

[Rules and Regulations]

[Page 61636-61639]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr19oc06-3]

[[Page 61636]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25928; Directorate Identifier 2006-CE-53-AD; Amendment 39-14797; AD 2006-21-12]

RIN 2120-AA64

Airworthiness Directives; AeroSpace Technologies of Australia Pty Ltd. Models N22B, N22S, and N24A Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments

SUMMARY: The FAA is adopting a new airworthiness directive (AD) to supersede AD 2003-22-13, which applies to all AeroSpace Technologies of Australia Pty Ltd. (ASTA) Models N22B and N24A airplanes. AD 2003-22-13 currently requires you to visually inspect the ailerons for damage and replace if necessary; adjust the engine power levers aural warning microswitches; set flap extension and flap down operation limitations; and fabricate and install cockpit flap extension and flap down operation restriction placards. This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Australia. The FAA inadvertently omitted Model N22S airplanes from the applicability of AD 2003-22-13. Therefore, this AD retains the actions exactly as required in AD 2003-22-13 and adds Model N22S airplanes to the Applicability section. We are issuing this AD to prevent failure of the aileron due to undetected pre-existing aileron damage and airplane operation outside of the approved limits. Aileron failure could lead to reduced or loss of control of the airplane.

DATES: This AD becomes effective on November 8, 2006.

As of November 8, 2006, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation.

We must receive any comments on this AD by November 20, 2006.

ADDRESSES: Use one of the following to comment on this AD:

DOT Docket Web site: Go to http://dms.dot.gov and follow

the instructions for sending your comments electronically.

Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your

comments electronically.

Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001.

Fax: (202) 493-2251.

Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

To get the service information identified in this AD, contact Nomad Operations, Aerospace Support Division, Boeing Australia, PO Box 767, Brisbane, QLD 4000 Australia; telephone 61 7 3306 3366; fax 61 7 3306 3111.

To view the comments to this AD, go to http://dms.dot.gov. The

docket number is FAA-2006-25928; Directorate Identifier 2006-CE-53-AD.

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.

SUPPLEMENTARY INFORMATION:

Discussion

The Civil Aviation Safety Authority (CASA), which is the airworthiness authority for Australia, reported several incidents of ailerons incurring damage during flight. Extensive tests and analysis revealed the cause of the damage to the ailerons resulted from operation outside approved limits and undetected pre-existing damage.

The CASA lowered the operational limits of the affected airplanes in order to prevent damage from occurring. Additional reports of aileron flutter were received even when operating within these lower approved limits. As a precautionary measure, the CASA further restricted flight operations by issuing Australian AD Number AD/GAF- N22/69, Amendment 4, dated February 27, 2003.

This situation prompted us to issue AD 2003-22-13, Amendment 39- 13361 (68 FR 64270, November 13, 2003). AD 2003-22-13 currently requires the following on all ASTA Models N22B and N24A airplanes:

--Visually inspecting the ailerons for damage and replacing if necessary; --Adjusting the engine power levers aural warning microswitches; --Setting flap extension and flap down operation limitations; and --Fabricating and installing cockpit flap extension and flap down operation restriction placards.

Since we issued AD 2003-22-13, the CASA issued Australian AD Number AD/GAF-N22/69, Amendment 5, issued September 14, 2006, effective on October 26, 2006. That AD clarifies that N22 series and Model N24S airplanes with float/amphibian configuration are included in the Applicability section of their AD.

Upon reviewing Amendment 5 of the CASA AD to ensure N22 series and Model N24S airplanes with float/amphibian configuration were included in the Applicability section of AD 2003-22-13, we realized that we inadvertently omitted Model N22S airplanes from the Applicability section.

Models N22B and N24A airplanes with float/amphibian configuration were affected by AD 2003-22-13 because we included all serial numbers in the Applicability section.

This condition, if not corrected, could result in aileron failure. Such failure could lead to reduced or loss of control of the airplane.

Relevant Service Information

We reviewed Nomad Alert Service Bulletin ANMD-57-18, Rev 1, dated August 14, 2006. The service information describes procedures for:

--Adjusting the engine power levers aural warning microswitches; --Setting flap extension and flap down operation limitations; and --Fabricating and installing cockpit flap extension and flap down operation restriction placards.

FAA's Determination and Requirements of This AD

These ASTA Models N22B, N22S, and N24A airplanes are manufactured in Australia and are type-certificated for operation in the United States under the provisions of Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement.

Under this bilateral airworthiness agreement, the CASA has kept us informed of the situation described above. We are issuing this AD because we evaluated all the information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design. This AD supersedes AD 2003-22-13 with a new AD that retains the actions exactly as required in AD 2003-22-13, adds Model N22S airplanes to the Applicability section, and clarifies applicability to airplanes with float/amphibian configuration.

In preparing this rule, we contacted type clubs and aircraft operators to get technical information and information on operational and economic impacts. We did not receive any information through these contacts. If received, we

[[Page 61637]]

would have included a discussion of any information that may have influenced this action in the rulemaking docket.

FAA's Determination of the Effective Date

Since an unsafe condition exists that requires the immediate adoption of this AD, 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 an opportunity for public comment. We invite you to send any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number ``FAA-2006- 25928; Directorate Identifier 2006-CE-53-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light of those comments.

We will post all comments we receive, without change, to http://dms.dot.gov , including any personal information you provide. We will

also post a report summarizing each substantive verbal contact we receive concerning this AD.

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 AD.

Regulatory Findings

We have 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); 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 that contains the AD, the regulatory evaluation, any comments received, and other information on the Internet at http://dms.dot.gov; or in person at the Docket Management

Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone (800) 647-5227) is located at the street address stated 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 proposes to amend 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 removing Airworthiness Directive (AD) 2003-22-13, Amendment 39-13361 (68 FR 64270, November 13, 2003) and adding the following new AD:

2006-21-12 AeroSpace Technologies of Australia Pty Ltd.: Amendment 39-14797; Docket No. FAA-2006-25928; Directorate Identifier 2006-CE- 53-AD.

Effective Date

(a) This AD becomes effective on November 8, 2006.

Affected ADs

(b) Supersedes AD 2003-22-13, Amendment 39-13361.

Applicability

(c) This AD affects Models N22B, N22S, and N24A airplanes, all serial numbers including airplanes with float/amphibian configuration, that are certificated in any category.

Unsafe Condition

(d) This AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Australia. We are issuing this AD to prevent failure of the aileron due to undetected pre-existing aileron damage and airplane operation outside of the approved limits. Aileron failure could lead to reduced or loss of control of the airplane.

Compliance

(e) To address this problem, you must do the following:

Actions

Compliance

Procedures

(1) Visually inspect the (i) For Models N22B Following the left-hand and right-hand and N24A airplanes applicable ailerons for damage (i.e., (airplanes

maintenance manual. distortion, bending, impact previously affected marks). Repair or replace by AD 2003-22-13): any damaged aileron found. Inspect within the next 50 hours time- in-service (TIS) after December 23, 2003 (the effective date of AD 2003-22- 13), unless already done. (ii) For Model N22S airplanes (airplanes not previously affected by AD 2003-22-13): Inspect within the next 10 hours TIS or 30 days, whichever occurs first, after the effective date of this AD, unless already done.

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(iii) For all affected airplanes: Repair or replace before further flight after the inspection. (2) Adjust the engine power (i) For Models N22B Following Nomad lever actuated landing gear and N24A airplanes Alert Service ``up'' aural warning

(airplanes

Bulletin ANMD-57- microswitches and then

previously affected 18, Rev 1, dated perform a ground test. If by AD 2003-22-13): August 14, 2006, deficiencies are detected Within the next 50 and the applicable during the ground test, hours TIS after maintenance manual. make the necessary

December 23, 2003 adjustments.

(the effective date of AD 2003-22-13), unless already done following Nomad Alert Service Bulletin ANMD-57- 18, dated December 19, 2002. (ii) For Model N22S airplanes (airplanes not previously affected by AD 2003-22-13): Within the next 10 hours TIS or 30 days, whichever occurs first, after the effective date of this AD, unless already done. (3) For Model N22B

Within the next 50 Following Nomad airplanes:

hours TIS after Alert Service (i) Fabricate placards that December 23, 2003 Bulletin ANMD-57- incorporate the following (the effective date 18, Rev 1, dated words (using at least \1/8\- of AD 2003-22-13), August 14, 2006. To inch letters) and install unless already done show compliance these placards on the

following Nomad with paragraphs instrument panel within the Alert Service

(e)(3)(ii)(A) and pilot's clear view:

Bulletin ANMD-57- (e)(3)(ii)(B) of (A) ``RECOMMENDED APPROACH 18, dated December this AD, a copy of FLAPS 10 OR 20 DEG AT 90 19, 2002.

this AD may be KIAS'';

inserted into the (B) ``USE 10[deg] OR 20[deg]

Limitations section FLAP FOR TAKE-OFF AND

of the AFM. The LANDING--WARNING--DO NOT

owner/operator EXCEED 20[deg] FLAP

holding at least a EXTENSION DURING FLIGHT,

private pilot LANDING GEAR UP WARNING

certificate as WILL INITIATE FOR A TORQUE

authorized by PRESSURE OF LESS THAN 30

section 43.7 of the PSI''; and

Federal Aviation (ii) Incorporate the

Regulations (14 CFR following information into

43.7) may do the the Limitations section of

AFM insertion and the Airplane Flight Manual

the placard (AFM):

requirements of (A) Limit the maximum flap

paragraphs extension to 20 degrees;

(e)(3)(i)(A) and and

(e)(3)(i)(B) of (B) Limit flaps down

this AD. Make an operations for landing to

entry into the 10[deg] or 20[deg] flap.

aircraft records showing compliance with these portions of the AD following section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). (4) For Model N22S

Within the next 10 Following Nomad airplanes:

hours TIS or 30 Alert Service (i) Fabricate a placard that days, whichever Bulletin ANMD-57- incorporates the following occurs first, after 18, Rev 1, dated words (using at least \1/8\- the effective date August 14, 2006. To inch letters) and install of this AD, unless show compliance this placard on the

already done.

with paragraphs instrument panel within the

(e)(4)(ii)(A) and pilot's clear view: ``USE

(e)(4)(ii)(B) of 10[deg] FLAP FOR TAKE-OFF

this AD, a copy of AND LANDING--WARNING--DO

this AD may be NOT EXCEED 10[deg] FLAP

inserted into the EXTENSION DURING FLIGHT,

Limitations section LANDING GEAR UP WARNING

of the AFM. The WILL INITIATE FOR A TORQUE

owner/operator PRESSURE OF LESS THAN 30

holding at least a PSI''; and

private pilot (ii) Incorporate the

certificate as following information into

authorized by the Limitations section of

section 43.7 of the the AFM:

Federal Aviation (A) Limit the maximum flap

Regulations (14 CFR extension to 10 degrees;

43.7) may do the and

AFM insertion and (B) Limit flaps down

the placard operations for landing to

requirement of 10[deg] flap.

paragraph (e)(4)(i) of this AD. Make an entry into the aircraft records showing compliance with these portions of the AD following section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

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(5) For Model N24A

Within the next 50 Following Nomad airplanes:

hours TIS after Alert Service (i) Fabricate a placard that December 23, 2003 Bulletin ANMD-57- incorporates the following (the effective date 18, Rev 1, dated words (using at least \1/8\- of AD 2003-22-13), August 14, 2006. To inch letters) and install unless already done show compliance this placard on the

following Nomad with paragraphs instrument panel within the Alert Service

(e)(5)(ii)(A) and pilot's clear view: ``USE Bulletin ANMD-57- (e)(5)(ii)(B) of 10[deg] FLAP FOR TAKE-OFF 18, dated December this AD, a copy of AND LANDING--WARNING--DO 19, 2002.

this AD may be NOT EXCEED 10[deg] FLAP

inserted into the EXTENSION DURING FLIGHT,

Limitations section LANDING GEAR UP WARNING

of the AFM. The WILL INITIATE FOR A TORQUE

owner/operator PRESSURE OF LESS THAN 30

holding at least a PSI''; and

private pilot (ii) Incorporate the

certificate as following information into

authorized by the Limitations section of

section 43.7 of the the AFM:

Federal Aviation (A) Limit the maximum flap

Regulations (14 CFR extension to 10 degrees;

43.7) may do the and

AFM insertion and (B) Limit flaps down

the placard operations for landing to

requirement of 10[deg] flap.

paragraph (e)(5)(i) of this AD. Make an entry into the aircraft records showing compliance with these portions of the AD following section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

Alternative Methods of Compliance (AMOCs)

(f) The Manager, Standards Staff, FAA, ATTN: Doug Rudolph, Aerospace Engineer, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(g) AMOCs approved for AD 2003-22-13 are not approved for this AD.

Related Information

(h) This AD relates to Australian AD/GAF-N22/69, Amendment 5, dated September 14, 2006, which references Nomad Alert Service Bulletin ANMD-57-18, Rev 1, dated August 14, 2006.

Material Incorporated by Reference

(i) You must use Nomad Alert Service Bulletin ANMD-57-18, Rev 1, dated August 14, 2006, 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 Nomad Operations, Aerospace Support Division, Boeing Australia, PO Box 767, Brisbane, QLD 4000 Australia; telephone 61 7 3306 3366; fax 61 7 3306 3111.

(3) You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, 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/[fxsp0]federal--

register/[fxsp0]code--of--federal--regulations/[fxsp0]ibr-- locations.html.

Issued in Kansas City, Missouri, on October 13, 2006. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-17425 Filed 10-18-06; 8:45 am]

BILLING CODE 4910-13-P

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