[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Rules and Regulations]
[Pages 70042-70044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29045]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0971; Directorate Identifier 2011-CE-030-AD;
Amendment 39-16862; AD 2011-23-11]
RIN 2120-AA64
Airworthiness Directives; Pacific Aerospace Limited 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 Pacific
Aerospace Limited Model FU24 Airplanes. 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:
Investigation of a recent Cresco 08-600 accident identified a
risk of the hopper lid interfering with the opening of the canopy in
the event of an emergency landing. The pilot was prevented from
opening the canopy by the hopper lid in the fully forward open
position. This AD is issued due to the fact that the hopper lid
installation on the accident aircraft was an unapproved modification
and the Fletcher FU24 hopper installation is a similar design to the
Cresco 08-600.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD is effective December 15, 2011.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
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; email:
[email protected].
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 September 8, 2011
(76 FR 55614). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:
Investigation of a recent Cresco 08-600 accident identified a
risk of the hopper lid interfering with the opening of the canopy in
the event of an emergency landing. The pilot was prevented from
opening the canopy by the hopper lid in the fully forward open
position. This AD is issued due to the fact that the hopper lid
installation on the accident aircraft was an unapproved modification
and the Fletcher FU24 hopper installation is a similar design to the
Cresco 08-600.
The MCAI requires reviewing the aircraft records, doing a conformity
inspection for an approved design hopper lid installation, and removing
the hopper lid installation, if not an approved design. You may obtain
further information by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (76 FR 55614, September 8,
2011) 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.
[[Page 70043]]
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
We estimate that this AD will affect 1 product of U.S. registry. We
also estimate that it would take about 1 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts would cost about $0 per product.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $85, or $85 per product.
In addition, we estimate that any necessary follow-on actions would
take about 6 work-hours and require parts costing $0, for a cost of
$510 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 (76 FR 55614, September 8,
2011), 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
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:
2011-23-11 Pacific Aerospace Limited: Amendment 39-16862; Docket No.
FAA-2011-0971; Directorate Identifier 2011-CE-030-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective December 15,
2011.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Pacific Aerospace Limited Models FU24-954 and
FU24A-954 airplanes, all serial numbers, certificated in any
category.
(d) Subject
Air Transport Association of America (ATA) Code 52: Doors.
(e) Reason
The mandatory continuing airworthiness information (MCAI)
states:
Investigation of a recent Cresco 08-600 accident identified a
risk of the hopper lid interfering with the opening of the canopy in
the event of an emergency landing. The pilot was prevented from
opening the canopy by the hopper lid in the fully forward open
position. This AD is issued due to the fact that the hopper lid
installation on the accident aircraft was an unapproved modification
and the Fletcher FU24 hopper installation is a similar design to the
Cresco 08-600.
The MCAI requires reviewing the aircraft records, doing a conformity
inspection for an approved design hopper lid installation, and
removing the hopper lid installation, if not an approved design.
(f) Actions and Compliance
Unless already done, do the following actions within 150 hours
time-in-service (TIS) after December 15, 2011 (the effective date of
this AD) or within 12 calendar months after December 15, 2011 (the
effective date of this AD), whichever occurs first:
(1) Review the aircraft records and determine whether a hopper
lid modification has been recorded. If a hopper lid modification has
been recorded, determine whether the aircraft was certified for
release to service after completion of the modification and whether
the applicable approved technical data (supplemental type
certificate (STC) or field approval) is referenced. Visually inspect
for an unapproved hopper lid modification.
(2) If the hopper lid modification is an approved design, do a
conformity inspection and determine whether the hopper lid
modification conforms to the applicable approved technical data
(supplemental type certificate (STC) or field approval).
(3) If the hopper lid modification is not an approved design
(STC or field approval), before further flight, remove the hopper
lid installation.
Note 1: The Frontier-Aerospace Incorporated Models Fletcher FU-
24 and Fletcher FU-24A airplanes do not have this unsafe condition
and are not affected by this AD.
Note 2: The basic hopper installation for the Pacific Aerospace
Limited Model FU24-954 airplane does not include a hopper lid due to
the canopy sliding partly over the hopper inlet. A separate approval
must be obtained to install a hopper lid.
FAA AD Differences
Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.
(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) 329-4146; fax: (816)
[[Page 70044]]
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.
(3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
(h) Related Information
MCAI Civil Aviation Authority (CAA) AD DCA/FU24/180, dated July
28, 2011, for related information. You may review copies of the
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.
(i) Material Incorporated by Reference
None.
Issued in Kansas City, Missouri, on November 2, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-29045 Filed 11-9-11; 8:45 am]
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