Airworthiness Directives; Pacific Aerospace Limited Models FU24-954 and FU24A-954 Airplanes, 59606-59608 [2010-24117]
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59606
Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations
let their accreditation lapse. We have
discovered that we need additional time
to reach out to such veterinarians to
ensure that they are aware of the new
requirements. We have also found that
some veterinarians who received
notification did not understand what
the notification meant, and we plan to
work to clarify the new requirements for
currently accredited veterinarians in the
coming months.
Therefore, this document announces
that currently accredited veterinarians
may continue to perform accredited
duties until further notice, even if they
have not received a date for their first
accreditation renewal from APHIS. We
will also allow currently accredited
veterinarians to continue to elect to
participate in the NVAP.
We currently expect to be able to
process all the elections to participate
we have received by March 2011. When
we are closer to reaching this goal, we
will publish another document in the
Federal Register that will amend
§ 161.3(d) to indicate the date by which
veterinarians must elect to continue to
participate in the NVAP.
Done in Washington, DC, this 17th day
of September 2010.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
BILLING CODE 3410–34–S
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
WReier-Aviles on DSKGBLS3C1PROD with RULES
15:19 Sep 27, 2010
Jkt 220001
You may examine the AD docket 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 AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (telephone (800) 647–
5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Karl
Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4146; fax: (816)
329–4090.
SUPPLEMENTARY INFORMATION:
Discussion
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:
VerDate Mar<15>2010
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
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.
Examining the AD Docket
[FR Doc. 2010–24294 Filed 9–27–10; 8:45 am]
SUMMARY:
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 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
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
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
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Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations
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 https://
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.
WReier-Aviles on DSKGBLS3C1PROD with RULES
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;
VerDate Mar<15>2010
15:19 Sep 27, 2010
Jkt 220001
(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
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 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
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Fmt 4700
Sfmt 4700
59607
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: (816) 329–4146; fax: (816)
329–4090. 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
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Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations
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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2010–0428; Airspace
Docket No. 10–AEA–13]
Amendment of Class D and E
Airspace; Establishment of Class E
Airspace; Patuxent River, MD
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends Class D
and E Airspace at Patuxent River Naval
Air Station (NAS), Patuxent River, MD,
to reflect the part-time operating status
of the control tower, and establishes
Class E airspace designated as surface
areas to accommodate Standard
Instrument Approach Procedures
(SIAPs) developed for the NAS. This
action also corrects the geographical
coordinates of the NAS and combines
two airspace descriptions. This action
will enhance the safety and
management of IFR operations at
Patuxent River NAS (Trapnell Field).
DATES: Effective 0901 UTC, January 13,
2011. The Director of the Federal
Register approves this incorporation by
reference action under title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
FOR FURTHER INFORMATION CONTACT:
Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal
Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320;
telephone (404) 305–5610.
SUPPLEMENTARY INFORMATION:
WReier-Aviles on DSKGBLS3C1PROD with RULES
15:19 Sep 27, 2010
On August 9, 2010, the FAA
published in the Federal Register a
notice of proposed rulemaking to amend
Class D and E airspace, and establish
Class E surface airspace at Patuxent
River NAS (Trapnell Field), Patuxent
River, MD (75 FR 47736) Docket No.
FAA–2010–0428. Subsequent to
publication the FAA received a request
from the National Aeronautical
Navigation Services to correct the
geographic coordinates of the airfield,
and for charting purposes, combine two
closely located descriptions in both
Class E airspace areas at Patuxent River
NAS, Patuxent River, MD. This action
makes these corrections. With the
exception of editorial changes, and the
changes described above this rule is the
same as that proposed in the NPRM.
Interested persons were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. No comments
were received. Class D and E airspace
designations are published in paragraph
5000, 6002, and 6004 of FAA Order
7400.9U dated August 18, 2010, and
effective September 15, 2010, which is
incorporated by reference in 14 CFR
71.1. The Class D and E airspace
designations listed in this document
will be published subsequently in the
Order.
The Rule
SUMMARY:
VerDate Mar<15>2010
History
Jkt 220001
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
amends Class D airspace and Class E
airspace designated as an extension to
Class D surface area at Patuxent River
NAS (Trapnell Field), Patuxent River,
MD, to reflect the part-time operations
of the airport control tower, establishing
in advance the dates and times by a
Notice to Airmen, and establishes Class
E surface area airspace to provide
controlled airspace required to support
the SIAPs developed for Patuxent River
NAS. The geographic coordinates of
Patuxent River NAS (Trapnell Field)
will be corrected to coincide with the
FAA’s National Aeronautical Navigation
Services. The Class E surface area
airspace and Class E airspace designated
as extensions to Class D surface area
233° and the 235° radials will be
combined to coincide with aeronautical
charting.
Class D airspace designations, Class E
surface airspace designations and Class
E airspace designations as extensions to
a Class D surface area are published in
Paragraph 5000, 6002, and 6004
respectively, of FAA Order 7400.9U,
dated August 18, 2010, and effective
September 15, 2010, which is
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Frm 00004
Fmt 4700
Sfmt 4700
incorporated by reference in 14 CFR
71.1. The Class D and Class E airspace
designations listed in this document
will be published subsequently in the
Order.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore, (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) does not
warrant preparation of a Regulatory
Evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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.
This rulemaking is promulgated
under the authority described in subtitle
VII, part A, subpart I, section 40103.
Under that section, the FAA is charged
with prescribing regulations to assign
the use of airspace necessary to ensure
the safety of aircraft and the efficient
use of airspace. This regulation is
within the scope of that authority as it
amends Class D and existing Class E
airspace and establishes Class E airspace
designated as surface areas at Patuxent
River NAS (Trapnell Field), Patuxent
River, MD.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
■
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND CLASS E AIRSPACE
AREAS; AIR TRAFFIC SERVICE
ROUTES; AND REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
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Agencies
[Federal Register Volume 75, Number 187 (Tuesday, September 28, 2010)]
[Rules and Regulations]
[Pages 59606-59608]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24117]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 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.
Examining the AD Docket
You may examine the AD docket 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 AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090.
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
[[Page 59607]]
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 https://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: (816) 329-4146; fax: (816) 329-4090.
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
[[Page 59608]]
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]
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