AD 2009-26-08

[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Rules and Regulations]
[Pages 68508-68510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30000]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0987; Directorate Identifier 2009-CE-054-AD; 
Amendment 39-16143; AD 2009-26-08]
RIN 2120-AA64


Airworthiness Directives; AeroSpace Technologies of Australia Pty 
Ltd Models N22B, N22S, and N24A 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 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:

    Late in 2002 the manufacturer advised CASA of another Nomad 
accident which was possibly caused by aileron flutter with the flaps 
at 38 degrees. This, along with the other flutter incidents, has 
resulted in the manufacturer issuing ANMD-57-18 Issue 1 as a 
precautionary measure while they further investigate the issue.
    The manufacturer has now completed their investigation and 
issued Alert Service Bulletin ANMD-27-53 to modify flap actuation 
linkages to restore the necessary rigidity to the outboard flap, and 
hence the aileron. The unacceptable flexibility of the outboard flap 
mechanism allows flutter to occur in extreme circumstances.

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

DATES: This AD becomes effective February 1, 2010.
    On February 1, 2010, the Director of the Federal Register approved 
the incorporation by reference of Nomad Alert Service Bulletin ANMD-27-
53, dated February 20, 2008, listed in this AD.
    As of November 8, 2006 (71 FR 61636, October 19, 2006), the 
Director of the Federal Register approved the incorporation by 
reference of Nomad Alert Service Bulletin ANMD-57-18, Rev 1, dated 
August 14, 2006, listed in this AD.

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 FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, 
Small Airplane Directorate, 901 Locust, Room 301, ACE-112, Kansas City, 
Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; e-mail: 
[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 October 22, 2009 (74 
FR 54498), and proposed to supersede AD 2006-21-12, Amendment 39-14797 
(71 FR 61636, October 19, 2006). That NPRM proposed to correct an 
unsafe condition for the specified products. The MCAI states that:

    Late in 2002 the manufacturer advised CASA of another Nomad 
accident which was possibly caused by aileron flutter with the flaps 
at 38 degrees. This, along with the other flutter incidents, has 
resulted in the manufacturer issuing ANMD-57-18 Issue 1 as a 
precautionary measure while they further investigate the issue.
    The manufacturer has now completed their investigation and 
issued Alert Service Bulletin ANMD-27-53 to modify flap actuation 
linkages to restore the necessary rigidity to the outboard flap, and 
hence the aileron. The unacceptable flexibility of the outboard flap 
mechanism allows flutter to occur in extreme circumstances.
    This amendment mandates Alert Service Bulletin ANMD-27-53, which 
requires modifications to the aircraft, but terminates the 
limitations imposed by earlier amendments.

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.

[[Page 68509]]

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 73 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will cost about $15,100 per 
product. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $314,100, or $20,940 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 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 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, 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

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 removing Amendment 39-14797 (71 FR 
61636, October 19, 2006) and adding the following new AD:
2009-26-08 AeroSpace Technologies of Australia Pty Ltd: Amendment 
39-16143; Docket No. FAA-2009-0987; Directorate Identifier 2009-CE-
054-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
1, 2010.

Affected ADs

    (b) This AD supersedes AD 2006-21-12, Amendment 39-14797.

Applicability

    (c) This AD applies to Models N22B, N22S, and N24A airplanes, 
all serial numbers, including airplanes with float/amphibian 
configuration, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Late in 2002 the manufacturer advised CASA of another Nomad 
accident which was possibly caused by aileron flutter with the flaps 
at 38 degrees. This, along with the other flutter incidents, has 
resulted in the manufacturer issuing ANMD-57-18 Issue 1 as a 
precautionary measure while they further investigate the issue.
    The manufacturer has now completed their investigation and 
issued Alert Service Bulletin ANMD-27-53 to modify flap actuation 
linkages to restore the necessary rigidity to the outboard flap, and 
hence the aileron. The unacceptable flexibility of the outboard flap 
mechanism allows flutter to occur in extreme circumstances.
    This amendment mandates Alert Service Bulletin ANMD-27-53, which 
requires modifications to the aircraft, but terminates the 
limitations imposed by earlier amendments.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Visually inspect the left-hand and right-hand ailerons for 
damage (i.e., distortion, bending, impact marks) and repair or 
replace any damaged aileron found following instructions obtained 
from the contact listed in paragraph (i)(3) of this AD within the 
following time:
    (i) For Models N22B and N24A airplanes: Inspect within 50 hours 
time-in-service (TIS) after December 23, 2003 (the effective date 
retained from AD 2003-22-13).
    (ii) For Model N22S airplanes: Inspect within the next 10 hours 
TIS after November 8, 2006 (the effective date retained from AD 
2006-21-12), or within 30 days after November 8, 2006 (the effective 
date retained from AD 2006-21-12), whichever occurs first.
    (iii) For all airplanes: Repair or replace before further flight 
after the inspection where damage is found.
    (2) Adjust the engine power lever actuated landing gear ``up'' 
aural warning microswitches, perform a ground test, and if 
deficiencies are detected during the ground test, make the necessary 
adjustments following Nomad Alert Service Bulletin ANMD-57-18, Rev 
1, dated August 14, 2006, within the following time:
    (i) For Models N22B and N24A airplanes: Within 50 hours TIS 
after December 23, 2003 (the effective date retained from AD 2003-
22-13), unless already done following Nomad Alert Service Bulletin 
ANMD 57-18, dated December 19, 2002.
    (ii) For Model N22S airplanes: Within the next 10 hours TIS 
after November 8, 2006 (the effective date retained from AD 2006-21-
12), or within 30 days after November 8, 2006 (the effective date 
retained from AD 2006-21-12), whichever occurs first.
    (3) For all airplanes: Do the following within the next 10 hours 
TIS after February 1, 2010 (the effective date of this AD) or

[[Page 68510]]

within 30 days after February 1, 2010 (the effective date of this 
AD), whichever occurs first:
    (i) Incorporate the maximum flap extension limitations specified 
in paragraph 2.D. of Nomad Alert Service Bulletin ANMD-57-18, Rev 1, 
dated August 14, 2006, into the Limitations section of the airplane 
flight manual (AFM). To show compliance with this paragraph of this 
AD, a copy of page 7 of Nomad Alert Service Bulletin ANMD-57-18, Rev 
1, dated August 14, 2006, may be inserted into the Limitations 
section of the AFM. You may take ``unless already done credit'' for 
this subparagraph if done in accordance with AD 2006-21-12 and no 
further action is required to comply with this subparagraph.
    (ii) Fabricate (using at least 1/8-inch letters) and install 
placards on the instrument panel within the pilot's clear view as 
specified in paragraph 2.E. of Nomad Alert Service Bulletin ANMD-57-
18, Rev 1, dated August 14, 2006. You may take ``unless already done 
credit'' for this subparagraph if done in accordance with AD 2006-
21-12 and no further action is required to comply with this 
subparagraph.
    (iii) Incorporate the landing performance information specified 
in paragraph 2.F. of Nomad Alert Service Bulletin ANMD-57-18, Rev 1, 
dated August 14, 2006, into the Limitations section and the 
Performance section of the AFM.
    (4) For all airplanes: Modify the outboard forward flap linkage 
(Modification N953) and modify the outboard aft flap (aileron) mass 
balance following Nomad Alert Service Bulletin ANMD-27-53, dated 
February 20, 2008, within the next 12 months after February 1, 2010 
(the effective date of this AD). Accomplishment of all of the 
actions specified in Nomad Alert Service Bulletin ANMD-27-53, dated 
February 20, 2008, terminates the limitations requirements and the 
placard requirements specified in paragraph (f)(3) of this AD.

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 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; e-mail: 
[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, 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 Civil Aviation Safety Authority of Australia, 
AD number AD/GAF-N22/69 Amdt 6, dated September 10, 2009; Nomad 
Alert Service Bulletin ANMD-27-53, dated February 20, 2008; and 
Nomad Alert Service Bulletin ANMD-57-18, Rev 1, dated August 14, 
2006, for related information.

Material Incorporated by Reference

    (i) You must use Nomad Alert Service Bulletin ANMD-27-53, dated 
February 20, 2008, and Nomad Alert Service Bulletin ANMD-57-18, Rev 
1, dated August 14, 2006, 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 Nomad Alert Service Bulletin ANMD-27-
53, dated February 20, 2008, under 5 U.S.C. 552(a) and 1 CFR part 
51.
    (2) On November 8, 2006 (71 FR 61636, October 19, 2006), the 
Director of the Federal Register previously approved the 
incorporation by reference of Nomad Alert Service Bulletin ANMD-57-
18, Rev 1, dated August 14, 2006.
    (3) For service information identified in this AD, contact 
Customer Support Manager, Gippsland Aeronautics Pty Ltd., P.O. Box 
881, MORWELL, Victoria, 3040, Australia; phone: +61 3 5172 1200; 
fax: +61 3 5172 1201; e-mail: [email protected].
    (4) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (5) You may also review copies of the service information 
incorporated by reference for this AD 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, MO, on December 11, 2009.
Margaret Kline,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-30000 Filed 12-24-09; 8:45 am]
BILLING CODE 4910-13-P