Airworthiness Directives; Air Tractor, Inc. Models AT-400, AT-400A, AT-402, AT-402A, AT-402B, AT-502, AT-502A, AT-502B, AT-503A, AT-602, AT-802, and AT-802A Airplanes, 23938-23941 [E9-11902]
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23938
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations
issued under 5 U.S.C. 5304 and 5305; E.O.
12883, 58 FR 63281, 3 CFR, 1993 Comp., p.
682; and E.O. 13106, 63 FR 68151, 3 CFR,
1998 Comp., p. 224.
Subpart B—Determining Rate of Basic
Pay
2. In § 531.216, paragraphs (a), (c)(1),
(c)(2)(i), (c)(2)(ii), (d)(1), and (d)(2)(i) are
revised to read as follows:
■
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§ 531.216 Setting pay when an employee
moves from a Department of Defense or
Coast Guard nonappropriated fund
instrumentality.
(a) General. This section governs the
setting of pay for an employee who
moves to a GS position in the
Department of Defense or the Coast
Guard from a position in a
nonappropriated fund instrumentality
(NAFI) (as described in 5 U.S.C. 2105(c))
of the Department of Defense or the
Coast Guard, respectively, without a
break in service of more than 3 days. If
an employee moves from a NAFI
position to a GS position with a break
of more than 3 days or moves from a
NAFI position in the Department of
Defense or the Coast Guard to a GS
position outside of the Department of
Defense or the Coast Guard,
respectively, the employee has no
special conversion rights and this
section does not apply.
*
*
*
*
*
(c) Voluntary move. (1) For a
Department of Defense or Coast Guard
employee who moves voluntarily,
without a break in service of more than
3 days, from a NAFI position in the
Department of Defense or the Coast
Guard to a GS position in the
Department of Defense or the Coast
Guard, respectively, the agency may set
the employee’s initial payable rate of
basic pay at the lowest step rate in the
highest applicable rate range currently
in effect for the employee’s GS position
of record and official worksite which
equals or exceeds the employee’s NAFI
highest previous rate of pay, or any
lower step rate, except as provided in
paragraph (c)(2) or (3) of this section.
The employee’s initial payable rate of
basic pay may not exceed the maximum
step rate (step 10).
(2) * * *
(i) Compare the NAFI highest
previous rate to the highest applicable
rate range currently in effect in the
location where the employee was
stationed while earning that rate. The
highest applicable rate range is
determined based on the pay schedules
that would be applicable to the
employee’s current GS position of
record if the employee were stationed in
that location. Identify the lowest step
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13:10 May 21, 2009
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rate in the highest applicable rate range
that was equal to or exceeded the NAFI
highest previous rate. If the NAFI
highest previous rate is less than the
range minimum, identify the minimum
step rate (step 1). If the NAFI highest
previous rate exceeds the range
maximum, identify the maximum step
rate (step 10).
(ii) Identify the step rate in the highest
applicable rate range for the employee’s
current official worksite and position of
record that corresponds to the step rate
derived under paragraph (c)(2)(i) of this
section. That corresponding rate is the
maximum payable rate at which the
agency may set the employee’s pay
under this section, except as provided
by paragraph (c)(3) of this section. The
agency may set the employee’s rate of
basic pay at any step rate that does not
exceed that maximum payable rate.
*
*
*
*
*
(d) Involuntary move. (1) For a
Department of Defense or Coast Guard
employee who is moved involuntarily
(as defined in paragraph (d)(3) of this
section), without a break in service of
more than 3 days, from a NAFI position
in the Department of Defense or the
Coast Guard to a GS position with
substantially the same duties in the
Department of Defense or the Coast
Guard, respectively, the employee is
entitled to an initial payable rate of
basic pay at the lowest step rate of the
grade that is equal to or greater than the
employee’s rate of basic pay in the NAFI
position immediately before the move. If
the employee’s former NAFI rate
exceeds the range maximum, identify
the maximum step rate (step 10).
(2) * * *
(i) The lowest step rate within the
highest applicable rate range for the
employee’s GS position of record and
official worksite that equals or exceeds
the employee’s NAFI highest previous
rate, or any lower step rate (consistent
with the method prescribed in
paragraphs (c)(1) and (2) of this section);
*
*
*
*
*
PART 550—PAY ADMINISTRATION
(GENERAL)
Subpart K—Collection by Offset From
Indebted Government Employees
3. The authority citation for subpart K
of part 550 continues to read as follows:
■
Authority: 5 U.S.C. 5514; sec. 8(1) of E.O.
11609; redesignated in sec. 2–1 of E.O.
12107.
4. In § 550.1103, the definition of
agency is revised to read as follows:
■
§ 550.1103
Definitions.
*
*
PO 00000
*
Frm 00002
*
Fmt 4700
*
Sfmt 4700
Agency means an executive
department or agency; a military
department; the United States Postal
Service; the Postal Regulatory
Commission; any nonappropriated fund
instrumentality described in 5 U.S.C.
2105(c); the United States Senate; the
United States House of Representatives;
any court, court administrative office, or
instrumentality in the judicial or
legislative branches of the Government;
or a Government corporation. If an
agency under this definition is a
component of an agency, the broader
definition of agency may be used in
applying the provisions of 5 U.S.C.
5514(b) (concerning the authority to
prescribe regulations).
*
*
*
*
*
[FR Doc. E9–12006 Filed 5–21–09; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0473; Directorate
Identifier 2009–CE–027–AD; Amendment
39–15915; AD 2009–11–05]
RIN 2120–AA64
Airworthiness Directives; Air Tractor,
Inc. Models AT–400, AT–400A, AT–402,
AT–402A, AT–402B, AT–502, AT–502A,
AT–502B, AT–503A, AT–602, AT–802,
and AT–802A Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
SUMMARY: We are adopting a new
airworthiness directive (AD) to
supersede AD 2008–10–12, which
applies to certain Air Tractor, Inc. AT–
400, AT–500, AT–600, and AT–800
series airplanes. AD 2008–10–12
currently requires repetitively
inspecting the engine mounts for cracks,
repairing any crack damage found, and
installing gussets as a terminating action
for the repetitive inspections. This AD
results from a report of a Model AT–602
airplane with a crack completely
through the gusset that was installed as
required in AD 2008–10–12.
Consequently, this AD would require
you to continue repetitively inspecting
the engine mounts for cracks for all
previously affected Air Tractor, Inc.
AT–400, AT–500, AT–600, and AT–800
series airplanes with or without gussets
installed, and repairing any crack
damage found. We are issuing this AD
to detect and correct cracks in the
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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations
erowe on PROD1PC63 with RULES
engine mount, which could result in
failure of the engine mount. This failure
could lead to separation of the engine
from the airplane.
DATES: This AD becomes effective on
June 1, 2009.
As of June 12, 2008 (73 FR 25967,
May 8, 2008), the Director of the Federal
Register approved the incorporation by
reference of Snow Engineering Co.
Service Letter #253, Rev. C, dated April
17, 2008, listed in this AD.
We must receive any comments on
this AD by July 21, 2009.
ADDRESSES: Use one of the following
addresses to comment on this AD.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• 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.
To get the service information
identified in this AD, contact Air
Tractor, Inc., P.O. Box 485, Olney, Texas
76374; telephone: (940) 564–5616; fax:
(940) 564–5612; Internet: https://
www.airtractor.com.
To view the comments to this AD, go
to https://www.regulations.gov. The
docket number is FAA–2009–0473;
Directorate Identifier 2009–CE–027–AD.
FOR FURTHER INFORMATION CONTACT:
Andy McAnaul, Aerospace Engineer,
FAA, San Antonio MIDO–43, 10100
Reunion Pl., Ste. 650, San Antonio,
Texas 78216, telephone: (210) 308–
3365, fax: (210) 308–3370; e-mail:
andrew.mcanaul@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On April 30, 2008, we issued AD
2008–10–12, Amendment 39–15518 (73
FR 25967) on certain Air Tractor, Inc.
AT–400, AT–500, AT–600, and AT–800
series airplanes to supersede AD 2007–
13–17.
AD 2007–13–17 required you to
repetitively inspect the engine mount
for any cracks, repair or replace any
cracked engine mount, and report any
cracks found to the FAA.
AD 2008–10–12 currently:
• Retains the inspection actions of
AD 2007–13–17 for Models AT–602,
AT–802, and AT–802A airplanes,
including the compliance times and
effective dates;
VerDate Nov<24>2008
13:10 May 21, 2009
Jkt 217001
• Establishes new inspection actions
for the AT–400 and AT–500 series
airplanes;
• Incorporates a mandatory
terminating action for all affected
airplanes by installing gussets; and
• Terminates the reporting
requirement of AD 2007–13–17.
Since issuing AD 2008–10–12, we
received a report of a Model AT–602
airplane with a crack in the engine
mount and completely through the
gusset that was installed as a
terminating action as required in AD
2008–10–12. This engine mount was
reported as having a crack that was
repaired as part of the gusset
installation. The mount reportedly
accumulated approximately 1,100 hours
time-in-service since being modified
with the gusset.
Air Tractor, Inc. believes that the
crack may have been improperly
repaired during installation of the
gusset. Additional procedures may be
necessary to adequately address
inspection and repair of cracked engine
mounts and assure proper installation of
the gussets.
This condition, if not corrected, could
result in failure of the engine mount.
This failure could lead to separation of
the engine from the airplane.
23939
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 cracks in the engine
mounts could result in failure of the
engine mount. Such failure could lead
to separation of the engine from the
airplane. 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.
FAA’s Determination and Requirements
of This AD
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not precede it by notice and an
opportunity for public comment. We
invite you to send any written relevant
data, views, or arguments regarding this
AD. Send your comments to an address
listed under the ADDRESSES section.
Include the docket number ‘‘FAA–
2009–0473; Directorate Identifier 2009–
CE–027–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the AD. We will consider all
comments received by the closing date
and may amend the AD in light of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
concerning this AD.
We are issuing this AD because we
evaluated all the information and
determined the unsafe condition
described previously is likely to exist or
develop on other products of the same
type design. This AD requires
repetitively inspecting the engine
mounts for cracks and repairing any
crack damage found.
Air Tractor is reviewing the
information related to the occurrences
referenced in this AD and may develop
additional procedures to adequately
address inspection and repair of cracked
engine mounts and assure proper
installation of the gussets that, when
incorporated, would eliminate the need
for the repetitive inspections required
by this AD. The FAA will review any
modification that is developed,
determine whether it would eliminate
the need for the requirements of this
action, and then determine whether
additional AD action is necessary.
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.
Relevant Service Information
Snow Engineering Co. Service Letter
#253, Rev. C, dated April 17, 2008,
specified in AD 2008–10–12 is still
valid for this AD.
PO 00000
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22MYR1
23940
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations
Regulatory Findings
Examining the AD Docket
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.
You may examine the AD docket that
contains the AD, the regulatory
evaluation, any comments received, and
other information on the Internet at
https://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 Docket Office (telephone (800) 647–
5527) is located at the street address
stated in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
■
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2008–10–12; Amendment 39–15518 (73
FR 25967, May 8, 2008), and by adding
a new AD to read as follows:
■
2009–11–05 Air Tractor, Inc.: Amendment
39–15915; Docket No. FAA–2009–0473;
Directorate Identifier 2009–CE–027–AD.
Effective Date
(a) This AD becomes effective on June 1,
2009.
Affected ADs
(b) This AD supersedes AD 2008–10–12;
Amendment 39–15518.
Applicability
(c) This AD applies to the following
airplane models and serial numbers that are
certificated in any category:
Models
Serial Nos.
AT–400, AT–400A, AT–402, AT–402A, and AT–402B ......................................................................................................
AT–502, AT–502A, AT–502B, and AT–503A .....................................................................................................................
AT–602 ................................................................................................................................................................................
AT–802 and AT–802A ........................................................................................................................................................
Unsafe Condition
(d) This AD is the result of a report of a
Model AT–602 airplane with a crack
completely through the gusset that was
installed as required in AD 2008–10–12. We
are issuing this AD to detect and correct
cracks in the engine mount, which could
result in failure of the engine mount. Such
failure could lead to separation of the engine
from the airplane.
¥0001
¥0001
¥0001
¥0001
through
through
through
through
¥1175.
¥2597.
¥1141.
¥0227.
Compliance
(e) Inspect the engine mount as follows
using the service information in paragraph (i)
of this AD:
Models
Compliance time without Gussets installed
Compliance time with Gussets installed
(1) For all Models AT–400, AT–400A, AT–402,
AT–402A, AT–402B, AT–502, AT–502B, and
AT–503A airplanes
Initially and repetitively as follows:
(i) With less than 5,000 hours time-inservice (TIS) on the airplane: Initially
within the next 12 months after June
12, 2008 (the effective date of AD
2008–10–12). Repetitively thereafter at
intervals not to exceed every 12
months until accumulating 5,000 hours
TIS;.
(ii) With 5,000 hours TIS or more on the
airplane: Initially upon accumulating
5,000 hours TIS on the airplane or
within the next 10 hours TIS after June
1, 2009 (the effective date of this AD),
or within the next 100 hours TIS from
the last inspection performed, whichever occurs later. Repetitively thereafter at intervals not to exceed every
100 hours TIS..
(i) With less than 5,000 hours TIS on the airplane: Initially upon accumulating 1,300
hours TIS on the airplane or within the next
100 hours TIS after June 12, 2008 (the effective date of AD 2008–10–12), whichever
occurs later. Repetitively thereafter at intervals not to exceed every 300 hours TIS.
Initially and repetitively as follows:
(A) With less than 5,000 hours TIS on the
airplane: Initially within the next 12
months after June 1, 2009 (the effective date of this AD). Repetitively thereafter at intervals not to exceed every
12 months until accumulating 5,000
hours TIS;
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(2) AT–502A .......................................................
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13:10 May 21, 2009
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(B) With 5,000 hours TIS or more on the airplane: Initially upon accumulating 5,000
hours TIS on the airplane or within the next
10 hours TIS after June 1, 2009 (the effective date of this AD), or within the next 100
hours TIS from the last inspection performed, whichever occurs later. Repetitively
thereafter at intervals not to exceed every
100 hours TIS.
(i) With less than 5,000 hours TIS on the airplane: Initially upon accumulating 1,300
hours TIS on the airplane or within the next
100 hours TIS after June 1, 2009 (the effective date of this AD), whichever occurs
later. Repetitively thereafter at intervals not
to exceed every 300 hours TIS.
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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations
Models
Compliance time without Gussets installed
(3) AT–602, AT–802, and AT–802A ..................
(f) For all airplanes: Before further flight
after any inspection required by paragraph
(e)(1), (e)(2), and (e)(3) of this AD where
crack damage is found, replace with a new
engine mount or repair the engine mount.
(1) If choosing repair, return cracked
mounts to Air Tractor, Inc. for repair or
obtain FAA-approved written repair
instructions coordinated with Air Tractor,
Inc. before starting the repair.
(2) Contact Air Tractor, Inc., P.O. Box 485,
Olney, Texas 76374; telephone: (940) 564–
5616; fax: (940) 564–5612; Internet: https://
www.airtractor.com, for specific FAAapproved repair/replacement instructions.
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Alternative Methods of Compliance
(AMOCs)
(g) The Manager, Fort Worth Airplane
Certification 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: Andy McAnaul,
Aerospace Engineer, ASW–150, FAA San
Antonio MIDO–43, 10100 Reunion Place,
Suite 650, San Antonio, Texas 78216; phone:
(210) 308–3365; fax: (210) 308–3370. 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.
(h) AMOCs approved for AD 2008–10–12
are not approved for this AD.
Material Incorporated by Reference
(i) You must use Snow Engineering Co.
Service Letter #253, Rev. C, dated April 17,
2008, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) As of June 12, 2008 (73 FR 25967), the
Director of the Federal Register approved the
incorporation by reference of Snow
Engineering Co. Service Letter #253, Rev. C,
dated April 17, 2008, under 5 U.S.C. 552(a)
and 1 CFR part 51.
VerDate Nov<24>2008
13:10 May 21, 2009
23941
Jkt 217001
Compliance time with Gussets installed
(ii) With 5,000 hours TIS or more on the airplane: Initially upon accumulating 5,000
hours TIS on the airplane or within the next
10 hours TIS after June 1, 2009 (the effective date of this AD), or within the next 100
hours TIS from the last inspection performed, whichever occurs later. Repetitively
thereafter at intervals not to exceed every
100 hours TIS.
(i) With less than 5,000 hours TIS on the airplane: Initially upon accumulating 1,300
hours TIS on the airplane or within the next
100 hours TIS after August 10, 2007 (the
effective date of AD 2007–13–17), whichever occurs later. Repetitively thereafter at
intervals not to exceed every 300 hours
TIS.
(ii) With 5,000 hours TIS or more on the airplane: Initially upon accumulating 5,000
hours TIS on the airplane or within the next
10 hours TIS after June 1, 2009 (the effective date of this AD), or within the next 100
hours TIS from the last inspection performed, whichever occurs later. Repetitively
thereafter at intervals not to exceed every
100 hours TIS.
(ii) With 5,000 hours TIS or more on the airplane: Initially upon accumulating 5,000
hours TIS on the airplane or within the next
10 hours TIS after June 1, 2009 (the effective date of this AD), or within the next 100
hours TIS from the last inspection performed, whichever occurs later. Repetitively
thereafter at intervals not to exceed every
100 hours TIS.
(i) With less than 5,000 hours TIS on the airplane: Initially upon accumulating 1,300
hours TIS on the airplane or within the next
100 hours TIS after June 1, 2009 (the effective date of this AD), whichever occurs
later. Repetitively thereafter at intervals not
to exceed every 300 hours TIS.
(2) For service information identified in
this AD, contact Air Tractor Inc., P.O. Box
485, Olney, Texas 76374; telephone: (940)
564–5616; fax: (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.
Issued in Kansas City, Missouri, on May
15, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–11902 Filed 5–21–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 734, 738, 740, 742,
743, 744, 746, 772 and 774
[Docket No. 0612242573–7104–01]
RIN 0694–AD71
Revisions to License Requirements
and License Exception Eligibility for
Certain Thermal Imaging Cameras and
Foreign Made Military Commodities
Incorporating Such Cameras
AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
(ii) With 5,000 hours TIS or more on the airplane: Initially upon accumulating 5,000
hours TIS on the airplane or within the next
10 hours TIS after June 1, 2009 (the effective date of this AD), or within the next 100
hours TIS from the last inspection performed, whichever occurs later. Repetitively
thereafter at intervals not to exceed every
100 hours TIS.
SUMMARY: This rule imposes a license
requirement for certain exports and
reexports of military commodities
manufactured outside the United States
that are not subject to the International
Traffic in Arms Regulations, regardless
of the level of U.S. origin content, if
those military commodities incorporate
certain thermal imaging cameras that are
subject to the Export Administration
Regulations. This rule also removes
Commerce Control List (CCL) based
export and reexport license
requirements with respect to 36
destinations for certain thermal imaging
cameras when they are not incorporated
into military commodities and if they
are not being exported or reexported to
be embedded in a civil product. It
imposes a semi-annual reporting
requirement on the transactions from
which it removes the CCL based license
requirements. This rule limits use of
License Exception APR for reexports of
certain cameras controlled by Export
Control Classification Number
6A003.b.4.b and certain foreign made
military commodities incorporating
such cameras. This rule imposes a
license requirement for software used to
increase the frame rate of certain
cameras. BIS is making these changes in
recognition of the emerging availability
of these cameras around the world, the
export licensing practices of other
governments and the potential use of
these cameras in military applications.
DATES: Effective Date: This rule is
effective May 22, 2009.
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]]>Agencies
[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Rules and Regulations]
[Pages 23938-23941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11902]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0473; Directorate Identifier 2009-CE-027-AD;
Amendment 39-15915; AD 2009-11-05]
RIN 2120-AA64
Airworthiness Directives; Air Tractor, Inc. Models AT-400, AT-
400A, AT-402, AT-402A, AT-402B, AT-502, AT-502A, AT-502B, AT-503A, AT-
602, AT-802, and AT-802A 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) to
supersede AD 2008-10-12, which applies to certain Air Tractor, Inc. AT-
400, AT-500, AT-600, and AT-800 series airplanes. AD 2008-10-12
currently requires repetitively inspecting the engine mounts for
cracks, repairing any crack damage found, and installing gussets as a
terminating action for the repetitive inspections. This AD results from
a report of a Model AT-602 airplane with a crack completely through the
gusset that was installed as required in AD 2008-10-12. Consequently,
this AD would require you to continue repetitively inspecting the
engine mounts for cracks for all previously affected Air Tractor, Inc.
AT-400, AT-500, AT-600, and AT-800 series airplanes with or without
gussets installed, and repairing any crack damage found. We are issuing
this AD to detect and correct cracks in the
[[Page 23939]]
engine mount, which could result in failure of the engine mount. This
failure could lead to separation of the engine from the airplane.
DATES: This AD becomes effective on June 1, 2009.
As of June 12, 2008 (73 FR 25967, May 8, 2008), the Director of the
Federal Register approved the incorporation by reference of Snow
Engineering Co. Service Letter 253, Rev. C, dated April 17,
2008, listed in this AD.
We must receive any comments on this AD by July 21, 2009.
ADDRESSES: Use one of the following addresses to comment on this AD.
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
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.
To get the service information identified in this AD, contact Air
Tractor, Inc., P.O. Box 485, Olney, Texas 76374; telephone: (940) 564-
5616; fax: (940) 564-5612; Internet: https://www.airtractor.com.
To view the comments to this AD, go to https://www.regulations.gov.
The docket number is FAA-2009-0473; Directorate Identifier 2009-CE-027-
AD.
FOR FURTHER INFORMATION CONTACT: Andy McAnaul, Aerospace Engineer, FAA,
San Antonio MIDO-43, 10100 Reunion Pl., Ste. 650, San Antonio, Texas
78216, telephone: (210) 308-3365, fax: (210) 308-3370; e-mail:
andrew.mcanaul@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On April 30, 2008, we issued AD 2008-10-12, Amendment 39-15518 (73
FR 25967) on certain Air Tractor, Inc. AT-400, AT-500, AT-600, and AT-
800 series airplanes to supersede AD 2007-13-17.
AD 2007-13-17 required you to repetitively inspect the engine mount
for any cracks, repair or replace any cracked engine mount, and report
any cracks found to the FAA.
AD 2008-10-12 currently:
Retains the inspection actions of AD 2007-13-17 for Models
AT-602, AT-802, and AT-802A airplanes, including the compliance times
and effective dates;
Establishes new inspection actions for the AT-400 and AT-
500 series airplanes;
Incorporates a mandatory terminating action for all
affected airplanes by installing gussets; and
Terminates the reporting requirement of AD 2007-13-17.
Since issuing AD 2008-10-12, we received a report of a Model AT-602
airplane with a crack in the engine mount and completely through the
gusset that was installed as a terminating action as required in AD
2008-10-12. This engine mount was reported as having a crack that was
repaired as part of the gusset installation. The mount reportedly
accumulated approximately 1,100 hours time-in-service since being
modified with the gusset.
Air Tractor, Inc. believes that the crack may have been improperly
repaired during installation of the gusset. Additional procedures may
be necessary to adequately address inspection and repair of cracked
engine mounts and assure proper installation of the gussets.
This condition, if not corrected, could result in failure of the
engine mount. This failure could lead to separation of the engine from
the airplane.
Relevant Service Information
Snow Engineering Co. Service Letter 253, Rev. C, dated
April 17, 2008, specified in AD 2008-10-12 is still valid for this AD.
FAA's Determination and Requirements of This AD
We are issuing this AD because we evaluated all the information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This AD requires
repetitively inspecting the engine mounts for cracks and repairing any
crack damage found.
Air Tractor is reviewing the information related to the occurrences
referenced in this AD and may develop additional procedures to
adequately address inspection and repair of cracked engine mounts and
assure proper installation of the gussets that, when incorporated,
would eliminate the need for the repetitive inspections required by
this AD. The FAA will review any modification that is developed,
determine whether it would eliminate the need for the requirements of
this action, and then determine whether additional AD action is
necessary.
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
cracks in the engine mounts could result in failure of the engine
mount. Such failure could lead to separation of the engine from the
airplane. 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 an opportunity for
public comment. We invite you to send any written relevant data, views,
or arguments regarding this AD. Send your comments to an address listed
under the ADDRESSES section. Include the docket number ``FAA-2009-0473;
Directorate Identifier 2009-CE-027-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the AD in light
of those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning 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.
[[Page 23940]]
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.
Examining the AD Docket
You may examine the AD docket that contains the AD, the regulatory
evaluation, any comments received, and other information on the
Internet at https://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 Docket Office (telephone (800) 647-5527)
is located at the street address stated 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 Airworthiness Directive (AD)
2008-10-12; Amendment 39-15518 (73 FR 25967, May 8, 2008), and by
adding a new AD to read as follows:
2009-11-05 Air Tractor, Inc.: Amendment 39-15915; Docket No. FAA-
2009-0473; Directorate Identifier 2009-CE-027-AD.
Effective Date
(a) This AD becomes effective on June 1, 2009.
Affected ADs
(b) This AD supersedes AD 2008-10-12; Amendment 39-15518.
Applicability
(c) This AD applies to the following airplane models and serial
numbers that are certificated in any category:
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Models Serial Nos.
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AT-400, AT-400A, AT-402, AT-402A, -0001 through -1175.
and AT-402B.
AT-502, AT-502A, AT-502B, and AT- -0001 through -2597.
503A.
AT-602............................ -0001 through -1141.
AT-802 and AT-802A................ -0001 through -0227.
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Unsafe Condition
(d) This AD is the result of a report of a Model AT-602 airplane
with a crack completely through the gusset that was installed as
required in AD 2008-10-12. We are issuing this AD to detect and
correct cracks in the engine mount, which could result in failure of
the engine mount. Such failure could lead to separation of the
engine from the airplane.
Compliance
(e) Inspect the engine mount as follows using the service
information in paragraph (i) of this AD:
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Compliance time
Models without Gussets Compliance time with
installed Gussets installed
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(1) For all Models AT-400, Initially and Initially and
AT-400A, AT-402, AT-402A, repetitively as repetitively as
AT-402B, AT-502, AT-502B, follows: follows:
and AT-503A airplanes (i) With less than (A) With less than
5,000 hours time-in- 5,000 hours TIS on
service (TIS) on the airplane:
the airplane: Initially within
Initially within the next 12 months
the next 12 months after June 1, 2009
after June 12, 2008 (the effective date
(the effective date of this AD).
of AD 2008-10-12). Repetitively
Repetitively thereafter at
thereafter at intervals not to
intervals not to exceed every 12
exceed every 12 months until
months until accumulating 5,000
accumulating 5,000 hours TIS;
hours TIS;.
(ii) With 5,000 (B) With 5,000 hours
hours TIS or TIS or more on the
more on the airplane: Initially
airplane: upon accumulating
Initially upon 5,000 hours TIS on
accumulating the airplane or
5,000 hours TIS within the next 10
on the airplane hours TIS after
or within the June 1, 2009 (the
next 10 hours effective date of
TIS after June this AD), or within
1, 2009 (the the next 100 hours
effective date TIS from the last
of this AD), or inspection
within the next performed,
100 hours TIS whichever occurs
from the last later. Repetitively
inspection thereafter at
performed, intervals not to
whichever occurs exceed every 100
later. hours TIS.
Repetitively
thereafter at
intervals not to
exceed every 100
hours TIS..
(2) AT-502A................. (i) With less than (i) With less than
5,000 hours TIS on 5,000 hours TIS on
the airplane: the airplane:
Initially upon Initially upon
accumulating 1,300 accumulating 1,300
hours TIS on the hours TIS on the
airplane or within airplane or within
the next 100 hours the next 100 hours
TIS after June 12, TIS after June 1,
2008 (the effective 2009 (the effective
date of AD 2008-10- date of this AD),
12), whichever whichever occurs
occurs later. later. Repetitively
Repetitively thereafter at
thereafter at intervals not to
intervals not to exceed every 300
exceed every 300 hours TIS.
hours TIS.
[[Page 23941]]
(ii) With 5,000 (ii) With 5,000
hours TIS or more hours TIS or more
on the airplane: on the airplane:
Initially upon Initially upon
accumulating 5,000 accumulating 5,000
hours TIS on the hours TIS on the
airplane or within airplane or within
the next 10 hours the next 10 hours
TIS after June 1, TIS after June 1,
2009 (the effective 2009 (the effective
date of this AD), date of this AD),
or within the next or within the next
100 hours TIS from 100 hours TIS from
the last inspection the last inspection
performed, performed,
whichever occurs whichever occurs
later. Repetitively later. Repetitively
thereafter at thereafter at
intervals not to intervals not to
exceed every 100 exceed every 100
hours TIS. hours TIS.
(3) AT-602, AT-802, and AT- (i) With less than (i) With less than
802A. 5,000 hours TIS on 5,000 hours TIS on
the airplane: the airplane:
Initially upon Initially upon
accumulating 1,300 accumulating 1,300
hours TIS on the hours TIS on the
airplane or within airplane or within
the next 100 hours the next 100 hours
TIS after August TIS after June 1,
10, 2007 (the 2009 (the effective
effective date of date of this AD),
AD 2007-13-17), whichever occurs
whichever occurs later. Repetitively
later. Repetitively thereafter at
thereafter at intervals not to
intervals not to exceed every 300
exceed every 300 hours TIS.
hours TIS.
(ii) With 5,000 (ii) With 5,000
hours TIS or more hours TIS or more
on the airplane: on the airplane:
Initially upon Initially upon
accumulating 5,000 accumulating 5,000
hours TIS on the hours TIS on the
airplane or within airplane or within
the next 10 hours the next 10 hours
TIS after June 1, TIS after June 1,
2009 (the effective 2009 (the effective
date of this AD), date of this AD),
or within the next or within the next
100 hours TIS from 100 hours TIS from
the last inspection the last inspection
performed, performed,
whichever occurs whichever occurs
later. Repetitively later. Repetitively
thereafter at thereafter at
intervals not to intervals not to
exceed every 100 exceed every 100
hours TIS. hours TIS.
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(f) For all airplanes: Before further flight after any
inspection required by paragraph (e)(1), (e)(2), and (e)(3) of this
AD where crack damage is found, replace with a new engine mount or
repair the engine mount.
(1) If choosing repair, return cracked mounts to Air Tractor,
Inc. for repair or obtain FAA-approved written repair instructions
coordinated with Air Tractor, Inc. before starting the repair.
(2) Contact Air Tractor, Inc., P.O. Box 485, Olney, Texas 76374;
telephone: (940) 564-5616; fax: (940) 564-5612; Internet: https://www.airtractor.com, for specific FAA-approved repair/replacement
instructions.
Alternative Methods of Compliance (AMOCs)
(g) The Manager, Fort Worth Airplane Certification 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: Andy
McAnaul, Aerospace Engineer, ASW-150, FAA San Antonio MIDO-43, 10100
Reunion Place, Suite 650, San Antonio, Texas 78216; phone: (210)
308-3365; fax: (210) 308-3370. 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.
(h) AMOCs approved for AD 2008-10-12 are not approved for this
AD.
Material Incorporated by Reference
(i) You must use Snow Engineering Co. Service Letter
253, Rev. C, dated April 17, 2008, to do the actions
required by this AD, unless the AD specifies otherwise.
(1) As of June 12, 2008 (73 FR 25967), the Director of the
Federal Register approved the incorporation by reference of Snow
Engineering Co. Service Letter 253, Rev. C, dated April 17,
2008, under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact Air
Tractor Inc., P.O. Box 485, Olney, Texas 76374; telephone: (940)
564-5616; fax: (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.
Issued in Kansas City, Missouri, on May 15, 2009.
Scott A. Horn,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-11902 Filed 5-21-09; 8:45 am]
BILLING CODE 4910-13-P
