AD 2007-09-08

[Federal Register Volume 72, Number 82 (Monday, April 30, 2007)]
[Rules and Regulations]
[Pages 21093-21095]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-8071]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27208 Directorate Identifier 2007-CE-010-AD; 
Amendment 39-15040; AD 2007-09-08]
RIN 2120-AA64


Airworthiness Directives; Vulcanair S.p.A. Model P68 Series 
Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

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:

    The backrest recline of pilot and copilot seats requires the 
removal of a ``quick release pin'' not correctly indicated in the 
AFM and not ready detectable by the passengers. Moreover the 
operation of removal the device is difficult. This cause difficulty 
or disables the access to the escapes of the cabin in case of 
emergency evacuation.

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

DATES: This AD becomes effective June 4, 2007.
    On June 4, 2007 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 <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace 
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. The streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

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 March 9, 2007 (72 FR 
10620). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states that:

    The backrest recline of pilot and copilot seats requires the 
removal of a ``quick release pin'' not correctly indicated in the 
AFM and not ready detectable by the passengers. Moreover the 
operation of removal the device is difficult. This cause difficulty 
or disables the access to the escapes of the cabin in case of 
emergency evacuation.
    Carry out the operational cheks/inspection/modification:

--Kit SB 128/A-1 applicable to aircraft model P68C. Serial numbers 
(S/N) 429, 434 and 435 are excluded;
--Kit SB 128/A-2 applicable only to P68C aircraft with S/N 429, 434 
and 435;
--Kit SB 128/B applicable to aircraft model P68 Observer 2;
--Kit SB 128/C applicable to aircraft model P68TC Observer; called 
for by the referenced Service Bulletin, in accordance with the 
procedures in there specified, within the terms set forth under 
``COMPLIANCE'' of this AD.

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

    We estimate that this AD will affect 15 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with basic requirements of this AD. The average labor rate is 
$80 per work-hour. Where the service information lists required parts 
costs that are covered under warranty, we have assumed that there will 
be no charge for these parts. As we do not control warranty coverage 
for affected parties, some parties may incur costs higher than 
estimated here. Based on these figures, we estimate the cost of this AD 
to the U.S. operators to be $2,400 or $160 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

[[Page 21094]]

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 <a href="http://dms.dot.gov">http://dms.dot.gov</a>; 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) 647-5227) 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:

2007-09-08 Vulcanair S.p.A. (Type certificate No. A31EU formerly 
held by Partenavia Costruzioni Aeronautiche S.p.A.): Amendment 39-
15040; Docket No. FAA-2007-27208; Directorate Identifier 2007-CE-
010-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 4, 
2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models P68C, P68 Observer 2, and P68TC 
Observer airplanes, serial numbers 412 through 424 (except 418), 
429, 434, and 435, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 51: 
Structures.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    The backrest recline of pilot and copilot seats requires the 
removal of a ``quick release pin'' not correctly indicated in the 
AFM and not ready detectable by the passengers. Moreover the 
operation of removal the device is difficult. This cause difficulty 
or disables the access to the escapes of the cabin in case of 
emergency evacuation.
    Carry out the operational cheks/inspection/modification:

--Kit SB 128/A-1 applicable to aircraft model P68C. Serial numbers 
(S/N) 429, 434 and 435 are excluded;
--Kit SB 128/A-2 applicable only to P68C aircraft with S/N 429, 434 
and 435;
--Kit SB 128/B applicable to aircraft model P68 Observer 2;
--Kit SB 128/C applicable to aircraft model P68TC Observer; called 
for by the referenced Service Bulletin, in accordance with the 
procedures in there specified, within the terms set forth under 
``COMPLIANCE'' of this AD.

Actions and Compliance

    (f) Unless already done, do the following actions within 30 days 
after June 4, 2007 (the effective date of this AD):
    (1) For Model P68C airplanes, all serial numbers except 429, 
434, and 435: Install Kit SB 128/A-1, following Vulcanair S.p.A. P68 
Variants Mandatory Service Bulletin No. 128, dated October 12, 2004;
    (2) For Model P68C airplanes, serial numbers 429, 434, and 435: 
Install Kit SB 128/A-2 following Vulcanair S.p.A. P68 Variants 
Mandatory Service Bulletin No. 128, dated October 12, 2004;
    (3) For Model P68 Observer 2 airplanes, all serial numbers: 
Install Kit SB 128/B, following Vulcanair S.p.A. P68 Variants 
Mandatory Service Bulletin No. 128, dated October 12, 2004; or
    (4) For Model P68TC Observer airplanes, all serial numbers: 
Install Kit SB 128/C, following Vulcanair S.p.A. P68 Variants 
Mandatory Service Bulletin No. 128, dated October 12, 2004.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, ATTN: Sarjapur Nagarajan, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4145; fax: (816) 329-4090, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.
    (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 Ente Nazionale per l'Aviazione Civile (ENAC), 
AD N. 2004-522, Rev. 0, dated December 20, 2004; and Vulcanair 
S.p.A. P68 Variants Mandatory Service Bulletin No. 128, dated 
October 12, 2004, for related information.

Material Incorporated by Reference

    (i) You must use Vulcanair S.p.A. P68 Variants Mandatory Service 
Bulletin No. 128, dated October 12, 2004, 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 
Vulcanair S.p.A, Via G. Pascoli, 7, Casoria (Naples), 80026 Italy; 
telephone: +39 081 5918111; fax: +39 081 5918172; e-mail: 
<a href="/cdn-cgi/l/email-protection#0d64636b624d7b78616e6c636c647f236e6260"><span class="__cf_email__" data-cfemail="e0898e868fa096958c83818e818992ce838f8d">[email&#160;protected]</span></a>; Internet: <a href="http://www.vulcanair.com">http://www.vulcanair.com</a>.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.


[[Page 21095]]


    Issued in Kansas City, Missouri, on April 20, 2007.
Charles L. Smalley,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-8071 Filed 4-27-07; 8:45 am]
BILLING CODE 4910-13-P