AD 2013-08-10

[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Rules and Regulations]
[Pages 24340-24343]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-08987]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0330; Directorate Identifier 2013-NM-051-AD; 
Amendment 39-17427; AD 2013-08-10]
RIN 2120-AA64


Airworthiness Directives; Kelowna Flightcraft R & D Ltd. 
Airplanes

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

ACTION: Final rule; request for comments.

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[[Page 24341]]

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Tracor (Convair) Model 340 and 440 airplanes and certain Military Model 
C-131B, C-131D, C-131E, and C131F/R4Y-1 airplanes. This AD requires 
repetitive inspections of the lower skin of the wings for cracking 
around the inboard side of the wing station (WS) 6 and 7 access panel 
doubler fingers and between stringers 5 and 11; repetitive inspections 
of the lower skin of the wings for cracking around stringers 6, 8, and 
10, and around the WS 6 and WS 7 access panel doubler fingers; and 
repair if necessary. This AD was prompted by a report of a crack found 
on the lower skin of the right-hand wing between WS 5 and WS 6. We are 
issuing this AD to detect and correct fatigue cracking of the lower 
skin of the wings, which could result in reduced structural integrity 
of the wings.

DATES: This AD becomes effective May 10, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 10, 2013.
    We must receive comments on this AD by June 10, 2013.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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, 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations 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: Jeffrey Zimmer, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone (516) 228-7306; fax (516) 794-5531; email: 
<a href="/cdn-cgi/l/email-protection#b5dfd0d3d3c7d0cc9bcfdcd8d8d0c7f5d3d4d49bd2dac3"><span class="__cf_email__" data-cfemail="345e51525246514d1a4e5d59595146745255551a535b42">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Emergency Airworthiness 
Directive CF-2013-04, dated February 14, 2013 (referred to after this 
as the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    While performing a corrosion inspection of the wing internal 
structures, an operator discovered a crack of significant length 
between Wing Station (WS) 5 and 6, on the right hand wing lower skin 
of a Convair 580 aeroplane. Although an investigation is still 
ongoing to determine the cause, the crack appears to originate from 
a fastener located at the wing skin to wing access door doubler 
attachment.
    Previous repetitive external inspections of the wing lower skin 
in accordance with Structurally Significant Detail (SSD) 57-1-4, 
that was mandated by FAA AD 92-06-06, [Amendment 39-8186 (57 FR 
9382, March 18, 1992)], did not detect the crack because the 
location of the crack is covered by the nacelle drag angle.
    Cracking of the wing lower skin at a fatigue critical area, if 
not detected, could compromise the structural integrity of the wing. 
This [TCCA] AD mandates internal visual and eddy current inspections 
to detect cracking of the wing lower skin to mitigate this unsafe 
condition. Transport Canada may mandate additional corrective 
actions [repair] pending the outcome of the failure investigation 
and fleet findings.
The visual and eddy current inspections mandated by this [TCCA] AD 
are considered as Alternative Means of Compliance (AMOC) to the SSD 
57-1-4 inspection that was mandated by FAA AD 92-06-06, for the 
locations addressed by the visual and eddy current inspections.

Corrective action includes repairing any cracking of the lower skin of 
the wings. You may obtain further information by examining the MCAI in 
the AD docket.

Relevant Service Information

    Kelowna Flightcraft Ltd. has issued Service Bulletin 340-57-001, 
dated February 12, 2013. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This 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 the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the AD and the MCAI or Service Information

    The MCAI and Kelowna Flightcraft Service Bulletin 340-57-001, dated 
February 12, 2013, specify that operators with a damage rate factor 
(DRF) must divide 1,000 flight hours by their DRF to get the repetitive 
inspection interval. However, there are no U.S.-registered airplanes 
that have a DRF; therefore, this AD requires that the repetitive 
inspections be done at intervals not to exceed 1,000 flight hours.
    The MCAI and Kelowna Flightcraft Service Bulletin 340-57-001, dated 
February 12, 2013, do not contain instructions to repair certain 
cracking conditions; however, this AD requires repairing those 
conditions using a method approved by either the Manager, New York 
Aircraft Certification Office (ACO), FAA; or TCCA (or its delegated 
agent).

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule based on the 
manufacturer's engineering analysis of the structural failure condition 
and flight hours/cycles on the affected fleet, which showed that 
certain areas of the lower skin of the wings must be inspected for 
fatigue cracking. Such fatigue cracking could result in reduced 
structural integrity of the wings. Therefore, we determined that notice 
and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2013-0330;

[[Page 24342]]

Directorate Identifier 2013-NM-051-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. We will 
consider all comments received by the closing date and may amend this 
AD because of those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 70 products of U.S. registry. 
We also estimate that it will take about 6 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 to the U.S. operators to be $35,700, or $510 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

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 that 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

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:

2013-08-10 Kelowna Flightcraft R & D Ltd.: Amendment 39-17427. 
Docket No. FAA-2013-0330; Directorate Identifier 2013-NM-051-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 10, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Tracor (Convair) Model 340 and 440 airplanes, 
including airplanes modified by Supplemental Type Certificates (STC) 
SA1096WE <a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/BAB5BE3241FF1FD085256CC10080DDDC?OpenDocument&Highlight=sa1096we">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/BAB5BE3241FF1FD085256CC10080DDDC?OpenDocument&Highlight=sa1096we</a> 
(commonly referred to as Model 640 airplanes), STC SA6088NM <a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/BEFFE27E85EAFF9186257714007C8B4B?OpenDocument&Highlight=sa6088nm">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/BEFFE27E85EAFF9186257714007C8B4B?OpenDocument&Highlight=sa6088nm</a> 
(commonly referred to as Model 5800 airplanes), and STC SA4-1100 
<a href="http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/AFD81364EE6A3EAC85256CC2000C5CC2?OpenDocument&Highlight=sa4-1100">http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/AFD81364EE6A3EAC85256CC2000C5CC2?OpenDocument&Highlight=sa4-1100</a> 
(commonly referred to as Model 580 airplanes) and Military Model C-
131B, C-131D, C-131E, and C131F/R4Y-1 airplanes; certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a report of a crack found on the lower 
skin of the right-hand (RH) wing between wing station (WS) 5 and 6. 
We are issuing this AD to detect and correct fatigue cracking of the 
lower skin of the wings, which could result in reduced structural 
integrity of the wings.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Repetitive Detailed Inspections

    Within 20 flight hours after the effective date of this AD: Do a 
one-time detailed inspection for cracking of the lower skin of the 
left-hand (LH) and RH wings around the inboard side of the WS 6 and 
WS 7 access panel doubler fingers and between stringers 5 and 11, in 
accordance with the Accomplishment Instructions of Kelowna 
Flightcraft Service Bulletin 340-57-001, dated February 12, 2013. 
Repeat the inspection thereafter at intervals not to exceed 1,000 
flight hours.

(h) Repetitive Eddy Current Inspections

    Within 100 flight hours after the effective date of this AD: Do 
an eddy current inspection for cracking of the lower skin of the LH 
and RH wings for cracking around stringers 6, 8, and 10, and around 
the WS 6 and WS 7 access panel doubler fingers, in accordance with 
the Accomplishment Instructions of Kelowna Flightcraft Service 
Bulletin 340-57-001, dated February 12, 2013. Repeat the inspection 
thereafter at intervals not to exceed 1,000 flight hours.

(i) Repair

    If any cracking is found during any inspection required by 
paragraph (g) or (h) of this AD: Before further flight, repair using 
a method approved by either the Manager, New York Aircraft 
Certification Office (ACO), FAA; or Transport Canada Civil Aviation 
(TCCA) (or its delegated agent).

(j) Method of Compliance

    The inspections required by this AD are approved as a method of 
compliance to the structurally significant detail (SSD) 57-1-4 
inspection required by AD 92-06-06, Amendment 39-8186 (57 FR 9382, 
March 18, 1992), for only the locations addressed by the detailed 
and eddy current inspections specified in paragraphs (g) and (h) of 
this AD. Inspections at all other locations addressed by SSD 57-1-4 
remain applicable.

(k) Reporting

    Submit a report of the findings (both positive and negative) of 
each inspection required by paragraphs (g) and (h) of this AD to 
Kelowna Flightcraft Convair Division, 5655 Airport Way, Kelowna, 
Canada BC, V1V 1S1; telephone (250) 807-5416; fax (250) 765-7140; 
email <a href="/cdn-cgi/l/email-protection#4f222e3b3b103f2e23222d2a3d280f292328273b2c3d2e293b612c2e"><span class="__cf_email__" data-cfemail="2c414d5858735c4d40414e495e4b6c4a404b44584f5e4d4a58024f4d">[email&#160;protected]</span></a>; at the

[[Page 24343]]

applicable time specified in paragraph (k)(1) or (k)(2) of this AD.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO, FAA, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19. In accordance 
with 14 CFR 39.19, send your request to your principal inspector or 
local Flight Standards District Office, as appropriate. If sending 
information directly to the ACO send it to ATTN: Program Manager, 
Continuing Operational Safety, FAA, New York ACO, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 
516-794-5531. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must 
specifically reference this AD.
    (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: 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.

(m) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian Emergency Airworthiness Directive CF-2013-04, dated 
February 14, 2013; and Kelowna Flightcraft Service Bulletin 340-57-
001, dated February 12, 2013; for related information.

(n) 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) Kelowna Flightcraft Service Bulletin 340-57-001, dated 
February 12, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact 
Kelowna Flightcraft Ltd., 5655 Airport Way, Kelowna, BC Canada, V1V 
1S1; telephone (250) 807-5416; fax (250) 765-7140; Internet <a href="http://www.flightcraft.ca/convair.asp">http://www.flightcraft.ca/convair.asp</a>.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (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/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.


    Issued in Renton, Washington, on April 8, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08987 Filed 4-24-13; 8:45 am]
BILLING CODE 4910-13-P