[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9781-9783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02364]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1251; Directorate Identifier 2012-CE-044-AD;
Amendment 39-17335; AD 2013-03-01]
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 superseding an existing airworthiness directive (AD)
for all Pacific Aerospace Limited Models FU24-954 and FU24A-954
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 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 AD to require actions to address the
unsafe condition on these products.
DATES: This AD is effective March 19, 2013.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of March 19,
2013.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket 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 service information identified in this AD,
contact Pacific Aerospace Limited, Hamilton Airport, Private Bag, 3027
Hamilton, New Zealand; telephone: +64 7 843 6144; fax: +64 7 843 6134;
email: [email protected]; Internet: http://www.aerospace.co.nz/. 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.
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; 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 November 30, 2012
(77 FR 71357), and proposed to supersede AD 2010-20-18, Amendment 39-
16453 (75 FR 59606, September 28, 2010).
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 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 AD also retains all actions in AD 2010-20-18, Amendment
39-16453 (75 FR 59606, September 28, 2010), for all airplanes.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (77 FR 71357, November 30,
2012) or on the determination of the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 71357, November 30, 2012), for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 71357, November 30, 2012).
[[Page 9782]]
Costs of Compliance
We estimate that this AD will affect 1 product of U.S. registry. We
also estimate that it will take about 22 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
Based on these figures, we estimate the cost of this 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 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 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.
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 (77 FR 71357, November 30,
2012), 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 removing AD 2010-20-18, Amendment 39-
16453 (75 FR 59606, September 28, 2010), and adding the following new
AD:
2013-03-01 Pacific Aerospace Limited: Amendment 39-17335; Docket No.
FAA-2012-1251; Directorate Identifier 2012-CE-044-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective March 19,
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 March 19, 2013 (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.
[[Page 9783]]
(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: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4059; fax: (816) 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.
(i) Related Information
Refer to MCAI CAA (Civil Aviation Authority) 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.
(j) 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) CAA Approved Flight Manual Supplement PT6 Fletcher-EX for
Aircraft Modified for Parachuting Operations, Document Reference:
AIR 2817-FMS-P1, dated October 15, 2012.
(ii) CAA Approved Flight Manual Supplement Walter Fletcher for
Aircraft Modified for Parachuting Operations, Document Reference:
AIR 2672-FMS-P1, dated October 15, 2012.
(3) For Pacific Aerospace Limited service information identified
in this AD, contact Pacific Aerospace Limited, Hamilton Airport,
Private Bag, 3027 Hamilton, New Zealand; telephone: +64 7 843 6144;
fax: +64 7 843 6134; email: [email protected]; Internet:
http://www.aerospace.co.nz/.
(4) You may view this service information at 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.
(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/index.html.
Issued in Kansas City, Missouri, on January 29, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-02364 Filed 2-11-13; 8:45 am]
BILLING CODE 4910-13-P