Airworthiness Directives; Air Tractor, Inc. Model AT-602 Airplanes, 65719-65722 [E6-18688]
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65719
Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Rules and Regulations
TABLE 1.—MATERIAL INCORPORATED BY REFERENCE
Dowty Propellers Alert Service Bulletin
No.
Page
Revision
61–A1133 .............................................
61–A1134 .............................................
All .........................................................
All .........................................................
Original ................................................
Original ................................................
Issued in Burlington, Massachusetts, on
November 1, 2006.
Peter A. White,
Acting Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. E6–18840 Filed 11–8–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2004–20007; Directorate
Identifier 2004–CE–50–AD; Amendment 39–
14798; AD 2006–23–01]
RIN 2120–AA64
Airworthiness Directives; Air Tractor,
Inc. Model AT–602 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA adopts a new
airworthiness directive (AD) for all Air
Tractor, Inc. (Air Tractor) Model AT–
602 airplanes. This AD requires you to
repetitively inspect (using the eddy
current method) the wing center splice
joint two outboard fastener holes on
both of the wing main spar lower caps
for fatigue cracking; repair or replace
any wing main spar lower cap where
fatigue cracking is found; and report any
fatigue cracking found. This AD results
from fatigue cracking at the wing center
splice joint outboard fastener hole in
one of the wing main spar lower caps.
We are issuing this AD to detect and
correct cracks in the wing main spar
lower cap, which could result in failure
of the spar cap and lead to wing
separation and loss of control of the
airplane.
DATES: This AD becomes effective on
December 14, 2006.
As of December 14, 2006, the Director
of the Federal Register approved the
incorporation by reference of certain
publications listed in the regulation.
ADDRESSES: To get the service
information identified in this AD,
contact Air Tractor, Inc. at P.O. Box 485,
Olney, Texas 76374; telephone: (940)
564–5616; or fax: (940) 564–5612.
To view the AD docket, go to the
Docket Management Facility; U.S.
Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001 or on the Internet at https://
dms.dot.gov. The docket number is
FAA–2004–20007; Directorate Identifier
2004–CE–50–AD.
Date
October 17, 2006.
October 17, 2006.
FOR FURTHER INFORMATION CONTACT:
Andrew McAnaul, Aerospace Engineer,
ASW–150 (c/o MIDO–43), 10100
Reunion Place, Suite 650, San Antonio,
Texas 78216; telephone: (210) 308–
3365; fax: (210) 308–3370.
SUPPLEMENTARY INFORMATION:
Discussion
On August 3, 2006, we issued a
proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to
include an AD that would apply to all
Air Tractor, Inc. (Air Tractor) Model
AT–602 airplanes. This proposal was
published in the Federal Register as a
supplemental notice of proposed
rulemaking (NPRM) on August 9, 2006
(71 FR 45467). The supplemental NPRM
proposed to require you to repetitively
inspect (using the eddy current method)
the wing center splice joint two
outboard fastener holes on both of the
wing main spar lower caps for fatigue
cracking; repair or replace any wing
main spar lower cap where fatigue
cracking is found; and report any fatigue
cracking found.
The following table contains AD
actions that address the wing spar safe
life of the Air Tractor airplane fleet:
RELATED AD ACTIONS
AD No.
2000–14–51
2001–10–04
2001–10–04
2002–11–05
Affected air tractor model airplanes
.................................................................
.................................................................
R1 ...........................................................
.................................................................
2002–13–02 .................................................................
2002–11–03
2002–26–05
2003–06–01
2002–11–05
2006–08–08
.................................................................
.................................................................
.................................................................
R1 ...........................................................
.................................................................
hsrobinson on PROD1PC76 with RULES
2006–08–09 .................................................................
You may view these ADs at the
following Internet Web site addresses:
https://www.airweb.faa.gov/Regulatory
_and_Guidance_Library/rgAD.nsf/
MainFrame?OpenFrameSet
www.gpoaccess.gov/fr/.
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15:39 Nov 08, 2006
Jkt 211001
Status
AT–501, AT–502, and AT–502A .................................
AT–400, AT–500, and AT–800 Series ........................
AT–400, AT–500, and AT–800 Series ........................
AT–400, AT–401, AT–401B, AT–402, AT–402A, AT–
402B, AT–501, AT–802, and AT–802A.
AT–300, AT–301, AT–302, AT–400, and AT–400A
Airplanes.
AT–502, AT–502A, AT–502B, and AT–503A .............
AT–502, AT–502A, AT–502B, and AT–503A .............
AT–300, AT–301, AT–302, AT–400, and AT–400A ...
AT–501 ........................................................................
AT–400, AT–401, AT–401B, AT–402, AT–402A, and
AT–402B.
AT–802 and AT–802A ................................................
Superseded by AD 2001–10–04.
Revised by AD 2001–10–04 R1.
Superseded by AD 2002–11–05.
Revised by AD 2002–11–05 R1.
Comments
We provided the public the
opportunity to participate in developing
this AD. The following presents the
comments received on the proposal and
FAA’s response to each comment:
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Fmt 4700
Sfmt 4700
Superseded by AD 2003–06–01.
Superseded by AD 2002–26–05.
Current.
Current.
Current.
Current.
Current.
Comment Issue No. 1: Publish the
Manufacturer Service Information
Jack Buster with the Modification and
Replacement Parts Association
(MARPA) provides comments on how
the FAA addresses publishing
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Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Rules and Regulations
manufacturer service information as
part of a proposed AD action. The
commenter states that the proposed rule
attempts to require compliance with a
public law by reference to a private
writing (as referenced in paragraph (e)
of the proposed AD). The commenter
would like the FAA to incorporate by
reference (IBR) the Snow Engineering
Company service information.
We agree with Mr. Buster. However,
we do not IBR any document in a
proposed AD action, instead we IBR the
document in the final rule. Since we are
issuing the proposal as a final rule AD
action, the service information
referenced in the NPRM is incorporated
by reference.
Comment Issue No. 2: Availability of
IBR Documents in the Docket
Management System (DMS)
Mr. Buster requests IBR documents be
made available to the public by
publication in the Federal Register or in
the Docket Management System (DMS).
We are currently reviewing issues
surrounding the posting of service
bulletins in the Department of
Transportation’s DMS as part of the AD
docket. Once we have thoroughly
examined all aspects of this issue and
have made a final determination, we
will consider whether our current
practice needs to be revised.
Conclusion
We have carefully reviewed the
available data and determined that air
Labor cost
Parts cost
Initial inspection and installation of access panels—24 work-hours × $80 =
$1,920 ..........................................................................................................
Repetitive Inspection (each) ............................................................................
safety and the public interest require
adopting the AD as proposed except for
minor editorial corrections. We have
determined that these minor
corrections:
• Are consistent with the intent that
was proposed in the NPRM for
correcting the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Costs of Compliance
We estimate that this AD affects 107
airplanes in the U.S. registry.
We estimate the following costs to do
the inspection:
Eddy current
inspection
$645
60
*$500
*800
Total cost per
airplane
Total cost on
U.S. operators
$3,065
860
$327,955
92,020
* Eddy current inspections are an estimated flat cost that includes labor and use of equipment.
We estimate the following costs to do
any necessary repairs that would be
required based on the results of the
proposed inspection. We have no way of
determining the number of airplanes
that may need this repair:
Labor cost
Parts cost
Install web plate, 8-bolt splice blocks, and cold work fastener holes: Air Tractor estimated a labor cost of
$12,100. When broken down into work-hours, we estimated 151 work-hours to complete the task. 151 workhours × $80 = $12,080 .........................................................................................................................................
Cold work fastener holes following Snow Engineering Co. Service Letter #244, dated April 25, 2005: 19 workhours × $80 = $1,520 ...........................................................................................................................................
hsrobinson on PROD1PC76 with RULES
Authority for This Rulemaking
Regulatory Findings
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 AD.
We have 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); 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 summary of the costs
to comply with this AD (and other
information as included in the
Regulatory Evaluation) and placed it in
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Jkt 211001
PO 00000
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Fmt 4700
Sfmt 4700
Total cost per
airplane
$6,900
$18,980
1,350
2,870
the AD Docket. You may get a copy of
this summary by sending a request to us
at the address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2004–20007;
Directorate Identifier 2004–CE–50–AD’’
in your request.
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 Federal Aviation Administration
amends part 39 of the Federal Aviation
Regulations (14 CFR part 39) as follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
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Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Rules and Regulations
§ 39.13
602–0337, that are certificated in any
category.
[Amended]
2. FAA amends § 39.13 by adding a
new AD to read as follows:
I
2006–23–01 Air Tractor, Inc.: Amendment
39–14798; Docket No. FAA–2004–20007;
Directorate Identifier 2004–CE–50–AD.
Effective Date
(a) This AD becomes effective on December
14, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD affects Model AT–602
airplanes, all serial numbers beginning with
Unsafe Condition
(d) This AD is the result of fatigue cracking
of the wing main spar lower cap at the
centerline splice joint outboard fastener hole.
The actions specified in this AD are intended
to detect and correct cracks in the wing main
spar lower cap, which could result in failure
of the spar cap and lead to wing separation
and loss of control of the airplane.
Compliance
(e) To address the problem, do the
following:
(1) Before doing the initial eddy current
inspection required in paragraph (e)(2) of this
65721
AD, gain access for the inspection by cutting
inspection holes, modifying the vent tube,
and installing cover plates; unless already
done. Follow Snow Engineering Co. Service
Letter #204, revised March 26, 2001, Drawing
titled ‘‘602 Spar Inspection Holes and Vent
Tube Mod.,’’ dated November 13, 2003.
(2) Eddy current inspect the wing center
splice joint outboard two fastener holes in
both the right and left wing main spar lower
caps for cracks. Follow Snow Engineering Co.
Process Specification #197, Revised June 4,
2002. For the following airplanes, use the
wing spar lower cap hours time-in-service
(TIS) schedule below in Table 1 of this AD
to do the initial and repetitive inspections:
TABLE 1.—COMPLIANCE TIMES FOR INSPECTION
Condition
Initially inspect
(i) 602–0337 through 602–0584 .............
As manufactured ...................................
(ii) 602–0337 through 602–0584 ............
hsrobinson on PROD1PC76 with RULES
Serial Nos.
Modified with cold-worked fastener
holes following Snow Engineering
Co. Service Letter #244, dated April
25, 2005.
Upon accumulating 2,000 hours TIS or
within 50 hours TIS after December
14, 2006 (the effective date of this
AD), whichever occurs later, unless
already done.
If performing the cold-working procedure in Service Letter #244, it includes the eddy current inspection.
(3) Do an eddy current inspection as part
of the cold working procedure in Service
Letter #244, dated April 25, 2005, even if the
wing spar was previously inspected.
(4) One of the following must do the
inspection:
(i) A level 2 or 3 inspector certified in eddy
current inspection using the guidelines
established by the American Society for
Nondestructive Testing or NAS 410; or
(ii) A person authorized to perform AD
maintenance work and who has completed
and passed the Air Tractor, Inc. training
course on Eddy Current Inspection on wing
lower spar caps.
(f) For the airplanes listed in paragraph
(e)(2) of this AD, as terminating action for the
inspection requirements, you may modify
your wing by installing part number (P/N)
20996–2 steel web plate and P/N 20985–1/2
8-bolt splice blocks following Snow
Engineering Co. Drawing 20998, Revision B,
dated September 28, 2004, and cold work the
lower spar cap two outboard fastener holes
at the wing center section splice connection
following Snow Engineering Co. Service
Letter #240, dated September 30, 2004.
(g) For all affected airplanes listed in
paragraph (e)(2) of this AD, repair or replace
any cracked spar cap before further flight. For
repair or replacement, do one of the
following:
(1) For cracks that can be removed by
performing the terminating action listed in
paragraph (f) of this AD above, perform the
actions in paragraph (f) of this AD.
(2) For cracks that can not be removed by
performing the terminating action in
paragraph (f) of this AD, you must replace the
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15:39 Nov 08, 2006
Jkt 211001
lower spar caps and associated parts listed in
paragraph (h) of this AD before continued
flight.
(h) For all Model AT–602 airplanes, upon
accumulating 6,500 hours TIS on the wing
spar lower caps or within the next 50 hours
TIS after December 14, 2006 (the effective
date of this AD), whichever occurs later,
replace the wing lower spar caps, splice
blocks and hardware, wing attach angles and
hardware, and install the steel web plate, P/
N 20996–2, if not already installed, following
Snow Engineering Co. Drawing 20776, Sheet
2, Revision A, dated August 30, 2004.
Compliance with this paragraph terminates
the inspection requirements of paragraph
(e)(2) of this AD.
(i) Report any cracks you find within 10
days after the cracks are found or within 10
days after December 14, 2006 (the effective
date of this AD), whichever occurs later.
Include in your report the airplane serial
number, airplane TIS, wing spar cap TIS,
crack location and size, corrective action
taken, and a point of contact name and phone
number. Send your report to Andrew
McAnaul, Aerospace Engineer, ASW–150
(c/o MIDO–43), 10100 Reunion Place, Suite
650, San Antonio, Texas 78216; telephone:
(210) 308–3365; facsimile: (210) 308–3370.
The Office of Management and Budget (OMB)
approved the information collection
requirements contained in this regulation
under the provisions of the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 and
those following sections) and assigned OMB
Control Number 2120–0056.
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Fmt 4700
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Repetitively inspect thereafter
at the following
intervals
1,000 hours TIS.
2,000 hours TIS.
Alternative Methods of Compliance
(AMOCs)
(j) The Manager, Fort Worth Airplane
Certification Office, FAA, ATTN: Andrew
McAnaul, Aerospace Engineer, ASW–150
(c/o MIDO–43), 10100 Reunion Place, Suite
650, San Antonio, Texas 78216; telephone:
(210) 308–3365; facsimile: (210) 308–3370,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19.
Related Information
(k) None.
Material Incorporated by Reference
(l) You must use the service information
specified in Table 2 of this AD 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
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Air Tractor, Inc. at address
P.O. Box 485, Olney, Texas 76374; telephone:
(940) 564–5616; or facsimile: (940) 564–5612.
(3) You may review copies at the FAA,
Central Region, Office of the Regional
Counsel, 901 Locust, Kansas City, Missouri
64106; or 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: https://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.
html.
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Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Rules and Regulations
TABLE 2.—MATERIAL INCORPORATED
BY REFERENCE
Snow Engineering
Co. service
information
Date
Process Specification Revised June 4,
#197.
2002.
Drawing 20776,
August 30, 2004.
Sheet 2, Revision A.
Service Letter #204 ... Revised March 26,
2001.
Service Letter #240 ... September 30, 2004.
Drawing 20998, Revi- September 28, 2004.
sion B.
Service Letter #244 ... April 25, 2005.
Issued in Kansas City, Missouri, on
October 26, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–18688 Filed 11–8–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9296]
RIN 1545–BD60
Summary of Comments and
Explanation of Provisions
Credit for Increasing Research
Activities
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations and removal of
temporary regulations.
hsrobinson on PROD1PC76 with RULES
AGENCY:
SUMMARY: This document contains final
regulations relating to the computation
and allocation of the credit for
increasing research activities for
members of a controlled group of
corporations or a group of trades or
businesses under common control.
These final regulations reflect changes
made to section 41 by the Revenue
Reconciliation Act of 1989, which
introduced the current computational
regime for the credit, and the Small
Business Job Protection Act of 1996,
which introduced the alternative
incremental research credit.
DATES: Effective Date: These regulations
are effective November 9, 2006.
Applicability Dates: For dates of
applicability see §§ 1.41–6(j) and 1.41–
8(b)(5).
FOR FURTHER INFORMATION CONTACT:
Nicole R. Cimino (202) 622–3120 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
15:39 Nov 08, 2006
Jkt 211001
Background
This document amends 26 CFR part 1
to provide revised rules for the research
credit under section 41, specifically
section 41(f). On May 24, 2005, the
Treasury Department and the IRS
published in the Federal Register (70
FR 29662) proposed amendments to the
regulations under section 41(f) by crossreference to temporary regulations
(REG–134030–04) and temporary
regulations (70 FR 29596) (TD 9205)
(collectively, the 2005 regulations)
relating to the computation and
allocation of the credit for increasing
research activities (research credit)
under section 41 for members of a
controlled group of corporations or a
group of trades or businesses under
common control (controlled groups).
The 2005 notice of proposed rulemaking
withdrew the proposed regulations
published in the Federal Register on
July 29, 2003 (68 FR 44499) (REG–
133791–02) (the 2003 proposed
regulations). A public hearing was held
on October 19, 2005. After considering
the comments received and the
statements made at the public hearing
regarding the 2005 regulations, the 2005
regulations are adopted as revised by
this Treasury decision. These final
regulations generally retain the
provisions of the 2005 regulations with
the modifications discussed below.
Allocation of the Group Credit
The 2005 regulations required that the
group credit that did not exceed the sum
of the stand-alone entity credits of all
the members of the group be allocated
among the members of a controlled
group in proportion to the relative
amounts of each individual member’s
stand-alone entity credit, computed for
each member using the method that
would have yielded the largest standalone entity credit for that member. Any
excess of the group credit over the sum
of the stand-alone entity credits of all
the members of the group was allocated
among all the members of the group
based on the ratio of an individual
member’s qualified research
expenditures (QREs) to the sum of all
the members’ QREs.
Although commentators generally
agreed that the 2005 regulations fixed
the anomalous results (for example,
none of the group credit would be
allocated to the members of the
controlled group if no member had
stand-alone entity credits) created by
the method in the 2003 proposed
regulations, some commentators
continued to disagree with the stand-
PO 00000
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Fmt 4700
Sfmt 4700
alone entity credit method.
Commentators again suggested that the
members of a controlled group should
be permitted to use any reasonable
method to allocate the group credit as
long as the group’s members collectively
do not claim more than 100 percent of
the group credit, or that if one method
must be prescribed for all situations, a
method that allocates the group credit
based on the relative amounts of each
member’s total QREs (gross QREs
method) is more appropriate than any
other method.
The Treasury Department and the IRS
continue to believe that the allocation
method under section 41(f) should be
based on a group member’s QREs in
excess of a base amount, and that the
stand-alone entity credit method reflects
the incremental nature of the credit. The
Treasury Department and the IRS
believe that the stand-alone entity credit
method of the 2005 regulations is
consistent with the purpose of section
41(f) and its underlying legislative
history. Further, a single, prescribed
method is necessary to ensure the
group’s members collectively do not
claim more than 100 percent of the
group credit. For the reasons stated
above and in the preamble to the 2005
regulations, the final regulations do not
adopt the changes suggested by the
commentators, and retain the allocation
method contained in the 2005
regulations.
Special Allocation Rule for
Consolidated Groups
The 2005 regulations provide that, for
purposes of allocating the group credit
among the members of a controlled
group (first-tier allocation), a
consolidated group (whose members are
members of the controlled group) is
treated as a single member of the
controlled group, and a single standalone entity credit is computed for the
consolidated group. If the consolidated
group is the only member of the
controlled group, the stand-alone entity
credit computed for the consolidated
group is equal to the group credit. The
portion of the group credit allocated to
a consolidated group must be allocated
among the members of the consolidated
group (second-tier allocation) in
proportion to the stand-alone entity
credits of the members of the
consolidated group. Under the 2005
regulations, this rule applied only to
taxable years ending on or after May 24,
2005.
One commentator argued that the
treatment of a consolidated group as a
single member of a controlled group is
contrary to the statutory language of
sections 41(f)(5) and 1563. The
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Agencies
[Federal Register Volume 71, Number 217 (Thursday, November 9, 2006)]
[Rules and Regulations]
[Pages 65719-65722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18688]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-20007; Directorate Identifier 2004-CE-50-AD;
Amendment 39-14798; AD 2006-23-01]
RIN 2120-AA64
Airworthiness Directives; Air Tractor, Inc. Model AT-602
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA adopts a new airworthiness directive (AD) for all Air
Tractor, Inc. (Air Tractor) Model AT-602 airplanes. This AD requires
you to repetitively inspect (using the eddy current method) the wing
center splice joint two outboard fastener holes on both of the wing
main spar lower caps for fatigue cracking; repair or replace any wing
main spar lower cap where fatigue cracking is found; and report any
fatigue cracking found. This AD results from fatigue cracking at the
wing center splice joint outboard fastener hole in one of the wing main
spar lower caps. We are issuing this AD to detect and correct cracks in
the wing main spar lower cap, which could result in failure of the spar
cap and lead to wing separation and loss of control of the airplane.
DATES: This AD becomes effective on December 14, 2006.
As of December 14, 2006, the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in the regulation.
ADDRESSES: To get the service information identified in this AD,
contact Air Tractor, Inc. at P.O. Box 485, Olney, Texas 76374;
telephone: (940) 564-5616; or fax: (940) 564-5612.
To view the AD docket, go to the Docket Management Facility; U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC 20590-0001 or on the Internet at https://
dms.dot.gov. The docket number is FAA-2004-20007; Directorate
Identifier 2004-CE-50-AD.
FOR FURTHER INFORMATION CONTACT: Andrew McAnaul, Aerospace Engineer,
ASW-150 (c/o MIDO-43), 10100 Reunion Place, Suite 650, San Antonio,
Texas 78216; telephone: (210) 308-3365; fax: (210) 308-3370.
SUPPLEMENTARY INFORMATION:
Discussion
On August 3, 2006, we issued a proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR part 39) to include an AD that
would apply to all Air Tractor, Inc. (Air Tractor) Model AT-602
airplanes. This proposal was published in the Federal Register as a
supplemental notice of proposed rulemaking (NPRM) on August 9, 2006 (71
FR 45467). The supplemental NPRM proposed to require you to
repetitively inspect (using the eddy current method) the wing center
splice joint two outboard fastener holes on both of the wing main spar
lower caps for fatigue cracking; repair or replace any wing main spar
lower cap where fatigue cracking is found; and report any fatigue
cracking found.
The following table contains AD actions that address the wing spar
safe life of the Air Tractor airplane fleet:
Related Ad Actions
----------------------------------------------------------------------------------------------------------------
Affected air tractor
AD No. model airplanes Status
----------------------------------------------------------------------------------------------------------------
2000-14-51........................... AT-501, AT-502, and AT- Superseded by AD 2001-10-04.
502A.
2001-10-04........................... AT-400, AT-500, and AT- Revised by AD 2001-10-04 R1.
800 Series.
2001-10-04 R1........................ AT-400, AT-500, and AT- Superseded by AD 2002-11-05.
800 Series.
2002-11-05........................... AT-400, AT-401, AT- Revised by AD 2002-11-05 R1.
401B, AT-402, AT-402A,
AT-402B, AT-501, AT-
802, and AT-802A.
2002-13-02........................... AT-300, AT-301, AT-302, Superseded by AD 2003-06-01.
AT-400, and AT-400A
Airplanes.
2002-11-03........................... AT-502, AT-502A, AT- Superseded by AD 2002-26-05.
502B, and AT-503A.
2002-26-05........................... AT-502, AT-502A, AT- Current.
502B, and AT-503A.
2003-06-01........................... AT-300, AT-301, AT-302, Current.
AT-400, and AT-400A.
2002-11-05 R1........................ AT-501................. Current.
2006-08-08........................... AT-400, AT-401, AT- Current.
401B, AT-402, AT-402A,
and AT-402B.
2006-08-09........................... AT-802 and AT-802A..... Current.
----------------------------------------------------------------------------------------------------------------
You may view these ADs at the following Internet Web site
addresses: https://www.airweb.faa.gov/Regulatory_
and_Guidance_Library/rgAD.nsf/
MainFrame?OpenFrameSet or https://
www.gpoaccess.gov/fr/.
Comments
We provided the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and FAA's response to each comment:
Comment Issue No. 1: Publish the Manufacturer Service Information
Jack Buster with the Modification and Replacement Parts Association
(MARPA) provides comments on how the FAA addresses publishing
[[Page 65720]]
manufacturer service information as part of a proposed AD action. The
commenter states that the proposed rule attempts to require compliance
with a public law by reference to a private writing (as referenced in
paragraph (e) of the proposed AD). The commenter would like the FAA to
incorporate by reference (IBR) the Snow Engineering Company service
information.
We agree with Mr. Buster. However, we do not IBR any document in a
proposed AD action, instead we IBR the document in the final rule.
Since we are issuing the proposal as a final rule AD action, the
service information referenced in the NPRM is incorporated by
reference.
Comment Issue No. 2: Availability of IBR Documents in the Docket
Management System (DMS)
Mr. Buster requests IBR documents be made available to the public
by publication in the Federal Register or in the Docket Management
System (DMS).
We are currently reviewing issues surrounding the posting of
service bulletins in the Department of Transportation's DMS as part of
the AD docket. Once we have thoroughly examined all aspects of this
issue and have made a final determination, we will consider whether our
current practice needs to be revised.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for minor editorial corrections. We have determined that these
minor corrections:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Costs of Compliance
We estimate that this AD affects 107 airplanes in the U.S.
registry.
We estimate the following costs to do the inspection:
----------------------------------------------------------------------------------------------------------------
Eddy current Total cost per Total cost on
Labor cost Parts cost inspection airplane U.S. operators
----------------------------------------------------------------------------------------------------------------
Initial inspection and installation of access $645 *$500 $3,065 $327,955
panels--24 work-hours x $80 = $1,920...........
Repetitive Inspection (each).................... 60 *800 860 92,020
----------------------------------------------------------------------------------------------------------------
* Eddy current inspections are an estimated flat cost that includes labor and use of equipment.
We estimate the following costs to do any necessary repairs that
would be required based on the results of the proposed inspection. We
have no way of determining the number of airplanes that may need this
repair:
------------------------------------------------------------------------
Total cost per
Labor cost Parts cost airplane
------------------------------------------------------------------------
Install web plate, 8-bolt splice blocks, $6,900 $18,980
and cold work fastener holes: Air
Tractor estimated a labor cost of
$12,100. When broken down into work-
hours, we estimated 151 work-hours to
complete the task. 151 work-hours x $80
= $12,080..............................
Cold work fastener holes following Snow 1,350 2,870
Engineering Co. Service Letter 244, dated April 25, 2005: 19 work-
hours x $80 = $1,520...................
------------------------------------------------------------------------
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 AD.
Regulatory Findings
We have 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); 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 summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2004-20007; Directorate Identifier 2004-CE-50-AD'' in your
request.
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 Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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.
[[Page 65721]]
Sec. 39.13 [Amended]
0
2. FAA amends Sec. 39.13 by adding a new AD to read as follows:
2006-23-01 Air Tractor, Inc.: Amendment 39-14798; Docket No. FAA-
2004-20007; Directorate Identifier 2004-CE-50-AD.
Effective Date
(a) This AD becomes effective on December 14, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD affects Model AT-602 airplanes, all serial numbers
beginning with 602-0337, that are certificated in any category.
Unsafe Condition
(d) This AD is the result of fatigue cracking of the wing main
spar lower cap at the centerline splice joint outboard fastener
hole. The actions specified in this AD are intended to detect and
correct cracks in the wing main spar lower cap, which could result
in failure of the spar cap and lead to wing separation and loss of
control of the airplane.
Compliance
(e) To address the problem, do the following:
(1) Before doing the initial eddy current inspection required in
paragraph (e)(2) of this AD, gain access for the inspection by
cutting inspection holes, modifying the vent tube, and installing
cover plates; unless already done. Follow Snow Engineering Co.
Service Letter 204, revised March 26, 2001, Drawing titled
``602 Spar Inspection Holes and Vent Tube Mod.,'' dated November 13,
2003.
(2) Eddy current inspect the wing center splice joint outboard
two fastener holes in both the right and left wing main spar lower
caps for cracks. Follow Snow Engineering Co. Process Specification
197, Revised June 4, 2002. For the following airplanes, use
the wing spar lower cap hours time-in-service (TIS) schedule below
in Table 1 of this AD to do the initial and repetitive inspections:
Table 1.--Compliance Times for Inspection
----------------------------------------------------------------------------------------------------------------
Repetitively inspect
Serial Nos. Condition Initially inspect thereafter at the following
intervals
----------------------------------------------------------------------------------------------------------------
(i) 602-0337 through 602-0584...... As manufactured....... Upon accumulating 1,000 hours TIS.
2,000 hours TIS or
within 50 hours TIS
after December 14,
2006 (the effective
date of this AD),
whichever occurs
later, unless already
done.
(ii) 602-0337 through 602-0584..... Modified with cold- If performing the cold- 2,000 hours TIS.
worked fastener holes working procedure in
following Snow Service Letter 244, it includes
Service Letter 244, dated April inspection.
25, 2005.
----------------------------------------------------------------------------------------------------------------
(3) Do an eddy current inspection as part of the cold working
procedure in Service Letter 244, dated April 25, 2005, even
if the wing spar was previously inspected.
(4) One of the following must do the inspection:
(i) A level 2 or 3 inspector certified in eddy current
inspection using the guidelines established by the American Society
for Nondestructive Testing or NAS 410; or
(ii) A person authorized to perform AD maintenance work and who
has completed and passed the Air Tractor, Inc. training course on
Eddy Current Inspection on wing lower spar caps.
(f) For the airplanes listed in paragraph (e)(2) of this AD, as
terminating action for the inspection requirements, you may modify
your wing by installing part number (P/N) 20996-2 steel web plate
and P/N 20985-1/2 8-bolt splice blocks following Snow Engineering
Co. Drawing 20998, Revision B, dated September 28, 2004, and cold
work the lower spar cap two outboard fastener holes at the wing
center section splice connection following Snow Engineering Co.
Service Letter 240, dated September 30, 2004.
(g) For all affected airplanes listed in paragraph (e)(2) of
this AD, repair or replace any cracked spar cap before further
flight. For repair or replacement, do one of the following:
(1) For cracks that can be removed by performing the terminating
action listed in paragraph (f) of this AD above, perform the actions
in paragraph (f) of this AD.
(2) For cracks that can not be removed by performing the
terminating action in paragraph (f) of this AD, you must replace the
lower spar caps and associated parts listed in paragraph (h) of this
AD before continued flight.
(h) For all Model AT-602 airplanes, upon accumulating 6,500
hours TIS on the wing spar lower caps or within the next 50 hours
TIS after December 14, 2006 (the effective date of this AD),
whichever occurs later, replace the wing lower spar caps, splice
blocks and hardware, wing attach angles and hardware, and install
the steel web plate, P/N 20996-2, if not already installed,
following Snow Engineering Co. Drawing 20776, Sheet 2, Revision A,
dated August 30, 2004. Compliance with this paragraph terminates the
inspection requirements of paragraph (e)(2) of this AD.
(i) Report any cracks you find within 10 days after the cracks
are found or within 10 days after December 14, 2006 (the effective
date of this AD), whichever occurs later. Include in your report the
airplane serial number, airplane TIS, wing spar cap TIS, crack
location and size, corrective action taken, and a point of contact
name and phone number. Send your report to Andrew McAnaul, Aerospace
Engineer, ASW-150 (c/o MIDO-43), 10100 Reunion Place, Suite 650, San
Antonio, Texas 78216; telephone: (210) 308-3365; facsimile: (210)
308-3370. The Office of Management and Budget (OMB) approved the
information collection requirements contained in this regulation
under the provisions of the Paperwork Reduction Act of 1980 (44
U.S.C. 3501 and those following sections) and assigned OMB Control
Number 2120-0056.
Alternative Methods of Compliance (AMOCs)
(j) The Manager, Fort Worth Airplane Certification Office, FAA,
ATTN: Andrew McAnaul, Aerospace Engineer, ASW-150 (c/o MIDO-43),
10100 Reunion Place, Suite 650, San Antonio, Texas 78216; telephone:
(210) 308-3365; facsimile: (210) 308-3370, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19.
Related Information
(k) None.
Material Incorporated by Reference
(l) You must use the service information specified in Table 2 of
this AD 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 this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact Air
Tractor, Inc. at address P.O. Box 485, Olney, Texas 76374;
telephone: (940) 564-5616; or facsimile: (940) 564-5612.
(3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or 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: https://www.archives.gov/federal_
register/code_of_federal_regulations/ibr_
locations.html.
[[Page 65722]]
Table 2.--Material Incorporated by Reference
------------------------------------------------------------------------
Snow Engineering Co. service information Date
------------------------------------------------------------------------
Process Specification 197........ Revised June 4, 2002.
Drawing 20776, Sheet 2, Revision A........ August 30, 2004.
Service Letter 204............... Revised March 26, 2001.
Service Letter 240............... September 30, 2004.
Drawing 20998, Revision B................. September 28, 2004.
Service Letter 244............... April 25, 2005.
------------------------------------------------------------------------
Issued in Kansas City, Missouri, on October 26, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-18688 Filed 11-8-06; 8:45 am]
BILLING CODE 4910-13-P