[Federal Register: September 28, 2010 (Volume 75, Number 187)]
[Rules and Regulations]
[Page 59606-59608]
[DOCID:fr28se10-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0941; Directorate Identifier 2010-CE-051-AD;
Amendment 39-16453; AD 2010-20-18]
RIN 2120-AA64

Airworthiness Directives; Pacific Aerospace Limited Models FU24-
954 and FU24A-954 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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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 the 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 accident has indicated it is possible
to exceed the aircraft aft C of G limits during parachute
operations. It is the responsibility of the pilot in command to
ensure that the aircraft is loaded within the approved weight and
balance limitations and these limitations are not exceeded
throughout the flight.

    This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective October 18, 2010.
    We must receive comments on this AD by November 12, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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.
     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 20590, 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 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 this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The Civil Aviation Authority (CAA), which is the aviation authority
for New Zealand, has issued AD DCA/FU24/179, dated September 10, 2010
(referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:

    Investigation of a recent accident has indicated it is possible
to exceed the aircraft aft C of G limits during parachute
operations. It is the responsibility of the pilot in command to
ensure that the aircraft is loaded within the approved weight and
balance limitations and these limitations are not exceeded
throughout the flight.

    The MCAI requires amending the airplane flight manual (AFM) to
restrict maximum occupancy of the cabin aft of F.S 118.84 to 6 persons
and requires doing a weight and balance calculation for any parachuting
operation to ensure the aircraft center of gravity (C of G) will remain
within AFM limits for the duration of the flight. You may obtain
further information by examining the MCAI in the AD docket.

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

Differences Between This AD and the MCAI

    We have reviewed the MCAI and, in general, agree with its
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.
    We might have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.

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 because a
recent accident indicates it is possible to exceed the aircraft aft C
of G limits during parachute-drop operations. Exceeding C of G limits
could result in loss of control of the aircraft. 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-2010-0941; Directorate
Identifier 2010-CE-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 http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about 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 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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:

2010-20-18 Pacific Aerospace Limited: Amendment 39-16453; Docket No.
FAA-2010-0941; Directorate Identifier 2010-CE-051-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October
18, 2010.

Affected ADs

    (b) None.

Applicability

    (c) 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.

Subject

    (d) Air Transport Association of America (ATA) Code 8: Leveling
and Weighing.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Investigation of a recent accident has indicated it is possible
to exceed the aircraft aft C of G limits during parachute
operations. It is the responsibility of the pilot in command to
ensure that the aircraft is loaded within the approved weight and
balance limitations and these limitations are not exceeded
throughout the flight.
    The MCAI requires amending the airplane flight manual (AFM) to
restrict maximum occupancy of the cabin aft of F.S 118.84 to 6
persons and requires doing a weight and balance calculation for any
parachuting operation to ensure the aircraft center of gravity (C of
G) will remain within AFM limits for the duration of the flight.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Before further parachute-drop operations as of October 18,
2010 (the effective date of this AD) do the following:
    (i) Amend the airplane flight manual (AFM) to restrict maximum
occupancy of the cabin aft of 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 2 places, one on each
side of the aft cabin, nominally in view of all occupants as they
enter and occupy the cabin which states the following: Maximum
occupancy of this cabin limited to 6 persons for parachuting
operations. Weight and Balance must be confirmed for each flight.
    (2) Before any parachute-drop operation as of October 18, 2010
(the effective date of this AD) 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.

FAA AD Differences

    Note: This AD differs from the MCAI 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: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
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 Authority of New Zealand AD
DCA/FU24/179, dated September 10, 2010, for related information.

    Issued in Kansas City, Missouri, on September 21, 2010.
Patrick R. Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-24117 Filed 9-27-10; 8:45 am]
BILLING CODE 4910-13-P