[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Proposed Rules]
[Pages 71357-71359]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29026]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / 
Proposed Rules

[[Page 71357]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1251; Directorate Identifier 2012-CE-044-AD]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Pacific Aerospace Limited Models FU24-954 and FU24A-954 airplanes that 
would supersede an existing AD. This proposed 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 aircraft operating outside the aircraft aft center of 
gravity (C of G) limits during parachute-drop operations. Exceeding C 
of G limits could result in loss of control of the aircraft. We are 
issuing this proposed AD to require actions to address the unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by January 14, 
2013.

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.

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 this proposed 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) 329-4146; fax: (816) 329-4090; email: 
karl.schletzbaum@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1251; 
Directorate Identifier 2012-CE-044-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On September 21, 2010, we issued AD 2010-20-18, Amendment 39-16453 
(75 FR 59606, September 28, 2010). That AD required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2010-20-18, Amendment 39-16453 (75 FR 59606, 
September 28, 2010), information has been received that shows that the 
operating limitations required by this AD should be different between 
turbine engine and piston engine Pacific Aerospace Limited Models FU24-
954 and FU24A-954 airplanes.
    The Civil Aviation Authority (CAA), which is the aviation authority 
for New Zealand, has issued AD DCA/FU24/182, dated October 25, 2012 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The new MCAI AD supersedes the 
requirements in AD DCA/FU24/179.
    The new MCAI requires adding a requirement to install station 
marking placards inside the rear cabin walls and inserting a supplement 
into the airplane flight manual (AFM) specifically approved for 
parachuting operations that contains detailed information for 
determining the weight and balance of the aircraft for turbine engine 
airplanes. This proposed AD also retains all actions in AD 2010-20-18, 
Amendment 39-16453 (75 FR 59606, September 28, 2010), for all 
airplanes.

FAA's Determination and Requirements of the Proposed 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 proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Costs of Compliance

    We estimate that this proposed AD would affect 1 product of U.S. 
registry. We also estimate that it would take about 22 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $1,870 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue

[[Page 71358]]

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    (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.

The Proposed Amendment

    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

    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]

    2. The FAA amends Sec.  39.13 by removing AD 2010-20-18, Amendment 
39-16453 (75 FR 59606, September 28, 2010), and adding the following 
new AD:

Pacific Aerospace Limited: Docket No. FAA-2012-1251; Directorate 
Identifier 2012-CE-044-AD.

(a) Comments Due Date

    We must receive comments by January 14, 2013.

(b) Affected ADs

    This AD supersedes AD 2010-20-18, Amendment 39-16453 (75 FR 
59606, September 28, 2010).

(c) Applicability

    This AD applies to Pacific Aerospace Limited Models FU24-954 and 
FU24A-954 airplanes, all serial numbers, that are:
    (1) certificated in any category; and
    (2) modified to conduct parachute operations.

(d) Subject

    Air Transport Association of America (ATA) Code 8: Leveling and 
Weighing.

(e) Reason

    This AD was prompted by reports of aircraft operating outside 
the aft center of gravity (C of G) limits during parachute-drop 
operations. We are issuing this AD to prevent exceeding C of G 
limits, which could result in loss of control of the aircraft.

(f) Actions and Compliance for All Airplanes (Both Turbine and Piston 
Engine Airplanes) Retained From AD 2010-20-18, Amendment 39-16453 (75 
FR 59606, September 28, 2010)

    Unless already done, do the following actions:
    (1) As of October 18, 2010 (the effective date retained from AD 
2010-20-18, Amendment 39-16453 (75 FR 59606, September 28, 2010)), 
before further parachute-drop operations:
    (i) Amend the airplane flight manual (AFM) to restrict maximum 
occupancy of the cabin aft of fuselage station (F.S) 118.84 to 6 
persons. This may be done by inserting a copy of this AD into the 
AFM adjacent to the applicable supplement for parachuting 
operations; and
    (ii) Fabricate a placard at least 2 by 4 inches (using at least 
\1/8\-inch letters) and install the placard in two places, one on 
each side of the aft cabin, in view of all occupants as they enter 
and occupy the cabin which states the following: Maximum occupancy 
of this cabin limited to six persons for parachuting operations. 
Weight and Balance must be confirmed for each flight.
    (2) As of October 18, 2010 (the effective date retained from AD 
2010-20-18, Amendment 39-16453 (75 FR 59606, September 28, 2010)), 
before further parachute-drop operations, the weight and balance 
calculation must comply with the following limitations and establish 
that the aircraft C of G will remain within AFM limits for the 
duration of the flight:
    (i) Use actual weights for all occupants and their equipment to 
do the calculation;
    (ii) Account for the positions of all occupants in the 
calculation. Do the calculation with the occupants' (parachuting 
group) positions at the most aft positions that result from the 
rearmost members of the group sitting against the aft cabin wall and 
subsequent occupants located immediately forward of them, unless a 
means of restraint is provided to prevent the occupants moving 
rearwards from their normal position; and (iii) Keep a record of the 
C of G determination for each parachuting operation.

(g) New Actions and Compliance for Turbine Engine Airplanes

    Within the next 15 days after the effective date of this AD, do 
the following:
    (1) Add fuselage station (F.S.) reference line placards inside 
the rear cabin walls following the instructions in Section 2.5, 
Placards, of the CAA Approved AFM Supplement for Aircraft Modified 
for Parachuting Operations, PT6 Fletcher-EX Document Reference: AIR 
2817-FMS-P1, dated October 15, 2012, or Walter Fletcher Document 
Reference: AIR 2672-FMS-P1, dated October 15, 2012, as applicable.
    (2) Insert Section 2.4, Weight and Balance, of the CAA Approved 
AFM Supplement for Aircraft Modified for Parachuting Operations, PT6 
Fletcher-EX Document Reference: AIR 2817-FMS-P1, dated October 15, 
2012, or Walter Fletcher Document Reference: AIR 2672-FMS-P1, dated 
October 15, 2012, as applicable, into the AFM.

(h) 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) 329-4090; 
email: karl.schletzbaum@faa.gov. 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,

[[Page 71359]]

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.

(i) Related Information

    Refer to MCAI Civil Aviation Authority of New Zealand AD DCA/
FU24/182, dated October 25, 2012; CAA Approved Flight Manual 
Supplement PT6 Fletcher-EX for Aircraft Modified for Parachuting 
Operations, Document Reference: AIR 2817-FMS-P1, dated October 15, 
2012; and CAA Approved Flight Manual Supplement Walter Fletcher for 
Aircraft Modified for Parachuting Operations, Document Reference: 
AIR 2672-FMS-P1, dated October 15, 2012, for related information.

    Issued in Kansas City, Missouri, on November 21, 2012.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-29026 Filed 11-29-12; 8:45 am]
BILLING CODE 4910-13-P