AD 2013-03-01

[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#24414a55514d564d4157644541564b57544547410a474b0a4a5e"><span class="__cf_email__" data-cfemail="fd98938c88948f94988ebd9c988f928e8d9c9e98d39e92d39387">[email&#160;protected]</span></a>; Internet: <a href="http://www.aerospace.co.nz/">http://www.aerospace.co.nz/</a>. 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: 
<a href="/cdn-cgi/l/email-protection#71151e04165f0304151e1d0119311710105f161e07"><span class="__cf_email__" data-cfemail="5c3833293b722e293833302c341c3a3d3d723b332a">[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 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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 71357, November 30, 2012), for correcting the unsafe 
condition; and
    <bullet> 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 <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 (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: 
<a href="/cdn-cgi/l/email-protection#41252e34266f3334252e2d3129012720206f262e37"><span class="__cf_email__" data-cfemail="40242f35276e3235242f2c3028002621216e272f36">[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.

(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: <a href="/cdn-cgi/l/email-protection#90f5fee1e5f9e2f9f5e3d0f1f5e2ffe3e0f1f3f5bef3ffbefeea"><span class="__cf_email__" data-cfemail="a1c4cfd0d4c8d3c8c4d2e1c0c4d3ced2d1c0c2c48fc2ce8fcfdb">[email&#160;protected]</span></a>; Internet: 
<a href="http://www.aerospace.co.nz/">http://www.aerospace.co.nz/</a>.
    (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: <a href="http://www.archives.gov/federal-register/cfr/index.html">http://www.archives.gov/federal-register/cfr/index.html</a>.

    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