AD 2011-23-11

[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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: 
<a href="/cdn-cgi/l/email-protection#f79c96859bd984949f9b92838d9596829ab7919696d9909881"><span class="__cf_email__" data-cfemail="670c06150b4914040f0b02131d0506120a2701060649000811">[email&#160;protected]</span></a>.

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 <a href="http://www.regulations.gov">http://www.regulations.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 (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: <a href="/cdn-cgi/l/email-protection#472c26352b6934242f2b22333d2526322a0721262669202831"><span class="__cf_email__" data-cfemail="274c46554b0954444f4b42535d4546524a6741464609404851">[email&#160;protected]</span></a>. 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]
BILLING CODE 4910-13-P