Airworthiness Directives; Air Tractor, Inc. Models AT-802 and AT-802A Airplanes, 9495-9498 [2011-3653]
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9495
Rules and Regulations
Federal Register
Vol. 76, No. 34
Friday, February 18, 2011
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 1
[Docket No. FAA–2010–0812; Amdt. No.
1–66]
RIN 2120–AJ81
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; notice of
confirmation of effective date.
AGENCY:
This action confirms the
effective date of the final rule published
on January 3, 2011. The final rule
amends the definition of light-sport
aircraft by removing ‘‘auto’’ from the
term ‘‘autofeathering’’ as it applies to
powered gliders. This amendment will
allow both manual and autofeathering
propeller operation for powered gliders
that qualify as light-sport aircraft.
DATES: The effective date for the final
rule published January 3, 2011, at 76 FR
5, is confirmed as March 4, 2011.
ADDRESSES: For information on where to
obtain copies of rulemaking documents
and other information related to this
action, see ‘‘How to Obtain Additional
Information’’ in the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
action, contact Terry Chasteen, Federal
Aviation Administration, Aircraft
Certification Service, Small Airplane
Directorate, ACE–114, 901 Locust, Room
301, Kansas City, MO 64106; telephone:
(816) 329–4147; fax: (816) 329–4090;
e-mail: terry.chasteen@faa.gov. For legal
questions concerning this action,
contact Paul Greer, Office of Chief
Counsel, AGC–210, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
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SUPPLEMENTARY INFORMATION:
Background
Before publication of this final rule on
January 3, 2011 (76 FR 5), Title 14, Code
of Federal Regulations (14 CFR)
specified that powered gliders that were
light-sport aircraft (LSA) had a fixed or
autofeathering propeller system. The
restriction to ‘‘autofeathering’’ had
resulted in confusion to LSA designers.
The FAA has determined that a
propeller on an LSA powered glider can
be safely feathered using either a
manual or automatic feathering
propeller system, which justifies
replacing the term ‘‘autofeathering’’ with
‘‘feathering.’’
Discussion of the Comments
Feathering Propeller Systems for
Light-Sport Aircraft Powered Gliders
SUMMARY:
telephone: (202) 267–7930; fax: (202)
267–7971; e-mail: paul.g.greer@faa.gov.
The FAA received comments from
eight individual commenters. All
commenters supported the rule change.
The commenters generally stated that
the rule change removes an unnecessary
restriction to the definition of a lightsport aircraft with no adverse safety
effect.
Conclusion
After consideration of the comments
submitted in response to the final rule,
the FAA has determined that no further
rulemaking action is necessary.
Therefore, Amendment 1–66 remains in
effect.
How To Obtain Additional Information
A. Rulemaking Documents
Frm 00001
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C. Small Business Regulatory
Enforcement Fairness Act
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996 requires the FAA to comply with
small entity requests for information or
advice about compliance with statutes
and regulations within its jurisdiction.
A small entity with questions regarding
this document, may contact its local
FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT
heading at the beginning of the
preamble. To find out more about
SBREFA on the Internet, visit https://
www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
Issued in Washington, DC, on February 14,
2011.
Frank P. Paskiewicz,
Acting Deputy Director, Aircraft Certification
Service.
[FR Doc. 2011–3777 Filed 2–17–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
An electronic copy of a rulemaking
document my be obtained by using the
Internet—
1. Search the Federal eRulemaking
Portal (https://www.regulations.gov);
2. Visit the FAA’s Regulations and
Policies Web page at https://
www.faa.gov/regulations_policies/ or
3. Access the Government Printing
Office’s Web page at https://
www.gpoaccess.gov/fr/.
Copies may also be obtained by
sending a request (identified by
amendment or docket number of this
rulemaking) to the Federal Aviation
Administration, Office of Rulemaking,
ARM–1, 800 Independence Avenue,
SW., Washington, DC 20591, or by
calling (202) 267–9680.
PO 00000
B. Comments Submitted to the Docket
Comments received may be viewed by
going to https://www.regulations.gov and
following the online instructions to
search the docket number for this
action. Anyone is able to search the
electronic form of all comments
received into any of the FAA’s dockets
by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
14 CFR Part 39
[Docket No. FAA–2010–0827; Directorate
Identifier 2010–CE–029–AD; Amendment
39–16552; AD 2010–17–18 R1]
RIN 2120–AA64
Airworthiness Directives; Air Tractor,
Inc. Models AT–802 and AT–802A
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final regulatory flexibility
analysis (FRFA).
AGENCY:
This document incorporates
the FRFA for Airworthiness Directive
(AD) 2010–17–18, which applied to
these products: Air Tractor, Inc. (Air
SUMMARY:
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Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Rules and Regulations
Tractor) Models AT–802 and AT–802A
airplanes. We have since revised AD
2010–17–18, which requires you to
repetitively inspect (using the eddy
current method) the two outboard
fastener holes in both of the wing main
spar lower caps at the center splice joint
for cracks and repair or replace any
cracked spar, and changes the safe life
for certain serial number (SN) ranges.
Our initial analysis indicated that a
FRFA was necessary for AD 2010–17–
18. We issued AD 2010–17–18 without
the FRFA to immediately address the
unsafe condition. This action presents
the FRFA for AD 2010–17–18, which is
required to be published in the Federal
Register.
DATES: This FRFA is effective February
18, 2011.
ADDRESSES: 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 address for the
Docket Office (phone: 800–647–5527) is
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT:
Andrew McAnaul, Aerospace Engineer,
ASW–150 (c/o MIDO–43), 10100
Reunion Place, Suite 650, San Antonio,
Texas 78216; phone: (210) 308–3365;
fax: (210) 308–3370; e-mail:
andrew.mcanaul@faa.gov.
SUPPLEMENTARY INFORMATION:
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Discussion
On August 11, 2010, we issued AD
2010–17–18, amendment 39–16412 (75
FR 52255, August 25, 2010), for all Air
Tractor Models AT–802 and AT–802A
airplanes. That AD required you to
repetitively inspect (using the eddy
current method) the two outboard
fastener holes in both of the wing main
spar lower caps at the center splice joint
for cracks and repair or replace any
cracked spar, and changes the safe life
for certain SN ranges. That AD resulted
from the FAA’s evaluation of service
information issued by Air Tractor and
our determination that we needed to
add inspections, add modifications, and
change the safe life for certain SN
ranges. We issued that AD to detect and
correct cracks in the wing main spar
lower cap at the center splice joint,
which could result in failure of the spar
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cap and lead to wing separation and loss
of control of the airplane.
Reason for This Action
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes as a
principle of regulatory issuance that
agencies shall endeavor, consistent with
the objective of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the businesses, organizations, and
governmental jurisdictions subject to
regulation.
To achieve that principle, the RFA
requires agencies to solicit and consider
flexible regulatory proposals and to
explain the rationale for their actions.
The RFA covers a wide range of small
entities, including small businesses,
not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to
determine whether a proposed or final
rule will have a significant economic
impact on a substantial number of small
entities. In accordance with Section 608
of the Regulatory Flexibility Act, an
agency head may waive or delay
completion of some or all of the
requirements of Section 603 by
providing a written finding that this
final rule is being promulgated in
response to an emergency that makes
compliance or timely compliance with
the provisions of Section 603
impracticable.
Our initial analysis indicated that a
FRFA was necessary for this action. We
issued AD 2010–17–18 without the
FRFA to immediately address the unsafe
condition.
On December 16, 2010, we issued AD
2010–17–18 R1, amendment 39–16552
(75 FR 82219, December 30, 2010), for
certain Air Tractor Models AT–802 and
AT–802A airplanes. This AD retains the
actions of AD 2010–17–18 and reduces
the applicability from all SN beginning
with SN–0001 as required by the
previous AD to SN–0001 through SN–
0269. This AD was prompted by our
evaluation of a comment from David
Ligon, Air Tractor, and our
determination that we should reduce
the applicability from that already
required by the previous AD.
This action presents the FRFA, which
is required to be published in the
Federal Register.
Final Regulatory Flexibility Analysis
On August 25, 2010, the Federal
Aviation Administration (FAA) issued
Airworthiness Directive (AD 2010–17–
18) for Air Tractor Models AT–802 and
AT–802A airplanes. The FAA
determined that the final rule was being
issued in response to an emergency and
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that timely compliance with the
Regulatory Flexibility Act of 1980 (Pub.
L. 96–354) (RFA) was impracticable.
This analysis fulfills the RFA
requirements.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA.
This final rule will have a significant
impact on a substantial number of small
entities. In accordance with the
requirements in the RFA, we have
performed this FRFA and address the
following requirements:
(1) A succinct statement of the need
for, and objectives of, the rule.
(2) A summary of the significant
issues raised by the public comments.
(3) A description and an estimate of
the number of small entities.
(4) A description of the projected
reporting, recordkeeping, and other
compliance requirements.
(5) A description of the steps the
agency has taken to minimize the
significant adverse economic impact on
small entities.
(6) An identification, to the extent
practicable, of all relevant Federal rules
which may duplicate, overlap, or
conflict with the final rule.
Next, we address each of those
individual requirements.
(1) A succinct statement of the need
for, and objectives of, the rule.
This AD will improve the ability of
operators flying Models Air Tractor 802
and 802A airplanes to discover and to
correct cracks in the wing main spar
lower cap at the center splice joint,
which could result in the failure of the
spar cap and lead to the wing separating
from the airplane body.
The FAA is responsible for the safety
of flight in the United States and for the
safety of U.S.-registered aircraft and U.S.
operations. The FAA is also responsible
for issuing rules affecting the safety of
air commerce and national security. The
FAA’s authority to issue the rules on
aviation safety is found in Title 49 of the
United States Code. Subtitle I, section
106(g) describes the authority of the
FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. Section 40101(d)(1) provides
that the Administrator shall consider in
the public interest, among other matters,
assigning, maintaining, and enhancing
safety and security as the highest
priorities in air commerce. Further, the
FAA has broad authority under section
44701(a)(5) to prescribe regulations
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Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Rules and Regulations
governing the practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce and
national security. The FAA finds this
action necessary to prevent a potential
hazard to Air Tractor Models AT–802
and AT–802A airplanes engaged
primarily in agricultural and firefighting
operations.
(2) A summary of the significant
issues raised by the public comments.
The FAA received one comment on
this final rule. Air Tractor commented
that there should be no additional
inspections required for their AT–802
and AT–802A airplanes with serial
numbers greater than 0269. We
concurred and on December 30, 2010,
issued AD 2010–17–18 R1 to reduce the
applicability of AD 2010–17–18 only to
Models AT–802 and AT–802A serial
numbers 0001 through 0269.
(3) A description and an estimate of
the number of small entities.
There are 52 of these affected Air
Tractor airplanes operating in the
United States. Of these 52 airplanes, 46
are operated by the private sector and 6
are operated by the United States State
Department. Of the 46 operated by the
34 entities in the private sector, 25
operate only 1 airplane, 1 operates 2
airplanes, 5 operate 3 airplanes, and 1
operates 4 airplanes. The Small
Business Administration classifies
operators with less than 1,500
employees as small businesses. All of
the private entities are small entities
with fewer than 1,500 employees.
(4) A description of the projected
reporting, recordkeeping, and other
compliance requirements.
This final rule changes the existing
requirement that any inspection finding
a crack must be reported to the FAA by
requiring the operator to use a specific
one-page reporting form that has been
approved by the Office of Management
and Budget for that report.
The final rule requires operators of
Air Tractor serial numbers AT–802–
0092 through 0101 and AT–802A–0092
through 0101:
• To perform, using the eddy current
method, two inspections at 1,700 timein-service (TIS) hours, at 2,500 TIS
hours, and at 3,300 TIS hours (at a cost
of $650 an inspection) of the two
outboard fastener holes in both of the
wing main spar lower caps at the center
splice joint for cracks and to repair or
replace any cracked spar.
• To install at 4,100 TIS hours a
center web plate and splice blocks (at a
cost of $25,500).
Operators of Air Tractor serial
numbers AT–802–0102 through 0178
and AT–802A–0102 through 0178 to
perform using the eddy current method,
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two inspections at 5,500 TIS hours and
at 6,600 TIS hours (at a cost of $650 an
inspection) of the two outboard fastener
holes in both of the wing main spar
lower caps at the center splice joint for
cracks and to repair or replace any
cracked spar.
We determined that an average AT–
802 or AT–802A lasts 40 years before it
leaves service in the United States. We
also determined that it flies an average
of 450 hours a year. Thus, an AT–802
or AT–802A accumulates an average of
18,000 TIS hours before it leaves service
in the United States. All of the affected
airplanes (AT–802 0092–0178 and AT–
802A 0092–0178) were built between
2000 and 2004.
The baseline from which the FAA
calculated the incremental costs to
comply with Air Tractor AD 2010–17–
18 is compliance with the previous Air
Tractor AD (AD 2010–13–08) published
in the Federal Register on June 23,
2010. This earlier AD addressed Air
Tractor Airplane Model AT–802 serial
numbers 0001 through 0091 and Model
AT–802A serial numbers 0001 through
0091.
This AD imposed no new
requirements beyond those in AD 2010–
13–08 on Air Tractor Models AT–802
serial numbers 0001 through 0091 and
Model AT–802A serial numbers 0001
through 0091.
As previously noted, this AD also
addressed Air Tractor Model AT–802
serial numbers 0179 forward and Model
AT–802A serial numbers 0179 forward.
However, the December 30, 2010, AD
removed these airplanes from
compliance with this AD.
Thus, in comparison with AD 2010–
13–08, this AD affects Model AT–802
serial numbers 0092 through 0178 and
Model AT–802A serial numbers 0092
through 0178 in service in the United
States.
For the purposes of this analysis,
there are two different categories within
each of these two models. Category 1
consists of Model AT–802 serial
numbers 0092 through 0101 and Model
AT–802A serial numbers 0092 through
0101, which were manufactured in
2000. Category 2 consists of Model AT–
802 serial numbers 0102 through 0178
and Model AT–802A serial numbers
0102 through 0178 manufactured
between 2000 through 2004. As seen in
Table 1, there are only 6 category 1
airplanes and 40 category 2 airplanes.
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TABLE 1—NUMBERS OF AFFECTED
AT–802 AND AT–802A AIRPLANES
IN PRIVATE OPERATIONS BY CATEGORY AND BY YEAR OF MANUFACTURE
Manufacture
year
2000
2001
2002
2003
2004
Category
Total
1
2
..................
..................
..................
..................
..................
6
............
............
............
............
4
10
6
13
7
10
10
6
13
7
Total ...........
6
40
46
For category 1 airplanes, this AD
requires that the operator must perform
three eddy current inspections (at 1,700
TIS hours, at 2,500 TIS hours, and at
3,300 TIS hours), each inspection
costing $650. However, as all of these
airplanes were manufactured in 2000
and, given an average of 450 annual TIS
hours, they are already, on average, at
4,050 TIS hours. Nevertheless, the FAA
assumes that these six airplanes will
need one inspection, which will be
taken in 2011.
The AD also reduced their spar cap
maximum safe life from 8,163 TIS hours
to 4,100 TIS hours. However, the
operator can extend the spar cap
maximum safe life from 4,100 hours to
8,000 hours by spending $25,500 to
install a center web plate and splice
blocks. The FAA assumes that all of
these installations will occur in 2012.
Finally, although the spar cap has to be
replaced (at a cost of $81,175) by 8,000
TIS hours, this is required under AD
2010–13–08.
For category 2 airplanes, this AD
reduced their spar cap maximum safe
life from 8,163 TIS hours to 5,500 TIS
hours. However, if the operator
performs two eddy current inspections
(at 5,500 TIS hours and at 6,600 TIS
hours), each inspection costing $650,
the spar cap maximum safe life can be
extended to 8,000 TIS hours. Given an
average of 450 annual TIS hours, these
airplanes will have their first inspection
(at 5,500 TIS hours) 12 years after they
were manufactured and will have their
second inspection 3 years later (after
having an average of 1,350 TIS hours
during those 3 years). As these airplanes
were manufactured between late 2000
and 2004, the FAA assumes that the
2000 airplanes will have their first
inspection in 2012 and the second
inspection in 2015; the 2001 airplanes
will have their first inspection in 2013
and the second inspection in 2016, etc.
The FAA uses a 10-year period of
analysis (2011–2020) because that is
when nearly all of the compliance
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expenditures will be made. The FAA
also uses a 7 percent discount rate to
calculate the present values of the costs.
The AD does not require any
additional inspections after the
replacement spar has been installed
because the replacement spars are
higher quality than the original
equipment.
Thus, the AD will impose two types
of compliance costs. The first are the
costs from the inspections. The second
are the costs to the category 1 Air
Tractor operators that will need to
install a center web plate and splice
blocks at 4,100 TIS hours.
As seen in Table 2, the cost to comply
with the AD requirements for
inspections during the ten-year period
would be $55,900, which, using a 7
percent discount rate, has a present
value of $39,260.
TABLE 2—TOTAL AND PRESENT VALUE COMPLIANCE COSTS TO COMPLY WITH THE INSPECTIONS REQUIRED BY THE AD
[2011–2020]
Number of inspections by year
Manufacture year
Total
2011
2013
2014
2015
2016
2017
2018
2019
2020
(Cat 1) .............
(Cat 2) .............
.........................
.........................
.........................
.........................
6
0
0
0
0
0
0
4
0
0
0
0
0
0
10
0
0
0
0
0
0
6
0
0
0
4
0
0
13
0
0
0
10
0
0
7
0
0
0
6
0
0
0
0
0
0
13
0
0
0
0
0
0
7
0
0
0
0
0
0
6
8
20
12
26
14
Total ..................
6
4
10
6
17
17
6
13
7
0
86
Total Cost ..........
$3,900
$2,600
$6,500
$3,900
$11,050
$11,050
$3,900
$8,450
$4,550
$0
$55,900
Present Value ...
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2000
2000
2001
2002
2003
2004
2012
$3,645
$2,271
$5,306
$2,975
$7,878
$7,363
$2,429
$4,918
$2,475
$0
$39,260
Each of the 6 category 1 Air Tractor
airplane operators will need to spend
$25,500 to install the center web plate
and splice blocks in 2012, which has a
present value of $22,273 using a
7 percent discount rate. The total cost to
install this equipment on these 6
airplanes is $153,000, which has a
present value of $133,638 using a
7 percent discount rate.
Thus, the total cost would be
$208,900, which has a present value of
$172,898 using a 7 percent discount
rate.
However, these costs are unequally
distributed across the 34 operators. The
six category 1 Air Tractor airplane
operators will need to spend $26,150 an
airplane while the category 2 Air
Tractor airplane operators will need to
spend between $650 and $1,300 an
airplane.
(5) A description of the steps the
agency has taken to minimize the
significant economic impact of the final
rule on small entities.
The FAA is responsible for the safety
of U.S.-registered aircraft and U.S.
operators. The FAA has not identified
any significant alternatives to this final
rule that accomplish the stated
objectives of applicable statutes, and
which minimize any significant
economic impact of the final rule SFAR
on small entities.
(6) An identification, to the extent
practicable, of all relevant Federal rules
which may duplicate, overlap, or
conflict with the final rule.
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The FAA knows of no other Federal
rules which duplicate, overlap, or
conflict with the final rule.
DEPARTMENT OF TRANSPORTATION
Determination of Significant Impact
14 CFR Part 39
As discussed in the compliance cost
section, all of these operators are small
businesses. Further, nearly all of them
are privately held businesses that do not
file reports that the FAA can access to
determine annual revenues. However,
the FAA can determine that the average
value of an Air Tractor Model AT–800A
serial number 0091–0101 is about
$650,000. This rule requires the 6
operators of these airplanes to spend
about 4 percent ($25,500) of the value of
the airplane on a repair. The FAA
believes that this magnitude of an
expenditure could place these six
operators in some financial difficulty.
Therefore, this final rule will have a
significant economic impact on a
substantial number of small entities.
[Docket No. FAA–2010–0379; Directorate
Identifier 2009–NM–210–AD; Amendment
39–16609; AD 2011–04–10]
Issued in Kansas City, Missouri, on
February 11, 2011.
John R. Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–3653 Filed 2–17–11; 8:45 am]
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Federal Aviation Administration
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 737–300, –400, and
–500 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding an
existing airworthiness directive (AD),
which applies to all Model 737–300,
–400, and –500 series airplanes. That
AD currently requires inspecting to
determine if certain carriage spindles
are installed, repetitive inspections for
corrosion and indications of corrosion
on affected carriage spindles, and if
necessary, related investigative and
corrective actions. That AD also
provides an optional terminating action.
This new AD mandates the optional
terminating action, which eliminates the
need for the repetitive inspections. This
AD results from reports of corrosion
found on carriage spindles that are
located on the outboard trailing edge
flaps. We are issuing this AD to detect
and correct corrosion of the carriage
spindle, which could result in fracture.
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Rules and Regulations]
[Pages 9495-9498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3653]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0827; Directorate Identifier 2010-CE-029-AD;
Amendment 39-16552; AD 2010-17-18 R1]
RIN 2120-AA64
Airworthiness Directives; Air Tractor, Inc. Models AT-802 and AT-
802A Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final regulatory flexibility analysis (FRFA).
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SUMMARY: This document incorporates the FRFA for Airworthiness
Directive (AD) 2010-17-18, which applied to these products: Air
Tractor, Inc. (Air
[[Page 9496]]
Tractor) Models AT-802 and AT-802A airplanes. We have since revised AD
2010-17-18, which requires you to repetitively inspect (using the eddy
current method) the two outboard fastener holes in both of the wing
main spar lower caps at the center splice joint for cracks and repair
or replace any cracked spar, and changes the safe life for certain
serial number (SN) ranges. Our initial analysis indicated that a FRFA
was necessary for AD 2010-17-18. We issued AD 2010-17-18 without the
FRFA to immediately address the unsafe condition. This action presents
the FRFA for AD 2010-17-18, which is required to be published in the
Federal Register.
DATES: This FRFA is effective February 18, 2011.
ADDRESSES: 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 address for the
Docket Office (phone: 800-647-5527) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Andrew McAnaul, Aerospace Engineer,
ASW-150 (c/o MIDO-43), 10100 Reunion Place, Suite 650, San Antonio,
Texas 78216; phone: (210) 308-3365; fax: (210) 308-3370; e-mail:
andrew.mcanaul@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
On August 11, 2010, we issued AD 2010-17-18, amendment 39-16412 (75
FR 52255, August 25, 2010), for all Air Tractor Models AT-802 and AT-
802A airplanes. That AD required you to repetitively inspect (using the
eddy current method) the two outboard fastener holes in both of the
wing main spar lower caps at the center splice joint for cracks and
repair or replace any cracked spar, and changes the safe life for
certain SN ranges. That AD resulted from the FAA's evaluation of
service information issued by Air Tractor and our determination that we
needed to add inspections, add modifications, and change the safe life
for certain SN ranges. We issued that AD to detect and correct cracks
in the wing main spar lower cap at the center splice joint, which could
result in failure of the spar cap and lead to wing separation and loss
of control of the airplane.
Reason for This Action
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objective of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.
To achieve that principle, the RFA requires agencies to solicit and
consider flexible regulatory proposals and to explain the rationale for
their actions. The RFA covers a wide range of small entities, including
small businesses, not-for-profit organizations, and small governmental
jurisdictions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant economic impact on a substantial
number of small entities. In accordance with Section 608 of the
Regulatory Flexibility Act, an agency head may waive or delay
completion of some or all of the requirements of Section 603 by
providing a written finding that this final rule is being promulgated
in response to an emergency that makes compliance or timely compliance
with the provisions of Section 603 impracticable.
Our initial analysis indicated that a FRFA was necessary for this
action. We issued AD 2010-17-18 without the FRFA to immediately address
the unsafe condition.
On December 16, 2010, we issued AD 2010-17-18 R1, amendment 39-
16552 (75 FR 82219, December 30, 2010), for certain Air Tractor Models
AT-802 and AT-802A airplanes. This AD retains the actions of AD 2010-
17-18 and reduces the applicability from all SN beginning with SN-0001
as required by the previous AD to SN-0001 through SN-0269. This AD was
prompted by our evaluation of a comment from David Ligon, Air Tractor,
and our determination that we should reduce the applicability from that
already required by the previous AD.
This action presents the FRFA, which is required to be published in
the Federal Register.
Final Regulatory Flexibility Analysis
On August 25, 2010, the Federal Aviation Administration (FAA)
issued Airworthiness Directive (AD 2010-17-18) for Air Tractor Models
AT-802 and AT-802A airplanes. The FAA determined that the final rule
was being issued in response to an emergency and that timely compliance
with the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) was
impracticable. This analysis fulfills the RFA requirements.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
This final rule will have a significant impact on a substantial
number of small entities. In accordance with the requirements in the
RFA, we have performed this FRFA and address the following
requirements:
(1) A succinct statement of the need for, and objectives of, the
rule.
(2) A summary of the significant issues raised by the public
comments.
(3) A description and an estimate of the number of small entities.
(4) A description of the projected reporting, recordkeeping, and
other compliance requirements.
(5) A description of the steps the agency has taken to minimize the
significant adverse economic impact on small entities.
(6) An identification, to the extent practicable, of all relevant
Federal rules which may duplicate, overlap, or conflict with the final
rule.
Next, we address each of those individual requirements.
(1) A succinct statement of the need for, and objectives of, the
rule.
This AD will improve the ability of operators flying Models Air
Tractor 802 and 802A airplanes to discover and to correct cracks in the
wing main spar lower cap at the center splice joint, which could result
in the failure of the spar cap and lead to the wing separating from the
airplane body.
The FAA is responsible for the safety of flight in the United
States and for the safety of U.S.-registered aircraft and U.S.
operations. The FAA is also responsible for issuing rules affecting the
safety of air commerce and national security. The FAA's authority to
issue the rules on aviation safety is found in Title 49 of the United
States Code. Subtitle I, section 106(g) describes the authority of the
FAA Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. Section 40101(d)(1)
provides that the Administrator shall consider in the public interest,
among other matters, assigning, maintaining, and enhancing safety and
security as the highest priorities in air commerce. Further, the FAA
has broad authority under section 44701(a)(5) to prescribe regulations
[[Page 9497]]
governing the practices, methods, and procedures the Administrator
finds necessary for safety in air commerce and national security. The
FAA finds this action necessary to prevent a potential hazard to Air
Tractor Models AT-802 and AT-802A airplanes engaged primarily in
agricultural and firefighting operations.
(2) A summary of the significant issues raised by the public
comments.
The FAA received one comment on this final rule. Air Tractor
commented that there should be no additional inspections required for
their AT-802 and AT-802A airplanes with serial numbers greater than
0269. We concurred and on December 30, 2010, issued AD 2010-17-18 R1 to
reduce the applicability of AD 2010-17-18 only to Models AT-802 and AT-
802A serial numbers 0001 through 0269.
(3) A description and an estimate of the number of small entities.
There are 52 of these affected Air Tractor airplanes operating in
the United States. Of these 52 airplanes, 46 are operated by the
private sector and 6 are operated by the United States State
Department. Of the 46 operated by the 34 entities in the private
sector, 25 operate only 1 airplane, 1 operates 2 airplanes, 5 operate 3
airplanes, and 1 operates 4 airplanes. The Small Business
Administration classifies operators with less than 1,500 employees as
small businesses. All of the private entities are small entities with
fewer than 1,500 employees.
(4) A description of the projected reporting, recordkeeping, and
other compliance requirements.
This final rule changes the existing requirement that any
inspection finding a crack must be reported to the FAA by requiring the
operator to use a specific one-page reporting form that has been
approved by the Office of Management and Budget for that report.
The final rule requires operators of Air Tractor serial numbers AT-
802-0092 through 0101 and AT-802A-0092 through 0101:
To perform, using the eddy current method, two inspections
at 1,700 time-in-service (TIS) hours, at 2,500 TIS hours, and at 3,300
TIS hours (at a cost of $650 an inspection) of the two outboard
fastener holes in both of the wing main spar lower caps at the center
splice joint for cracks and to repair or replace any cracked spar.
To install at 4,100 TIS hours a center web plate and
splice blocks (at a cost of $25,500).
Operators of Air Tractor serial numbers AT-802-0102 through 0178
and AT-802A-0102 through 0178 to perform using the eddy current method,
two inspections at 5,500 TIS hours and at 6,600 TIS hours (at a cost of
$650 an inspection) of the two outboard fastener holes in both of the
wing main spar lower caps at the center splice joint for cracks and to
repair or replace any cracked spar.
We determined that an average AT-802 or AT-802A lasts 40 years
before it leaves service in the United States. We also determined that
it flies an average of 450 hours a year. Thus, an AT-802 or AT-802A
accumulates an average of 18,000 TIS hours before it leaves service in
the United States. All of the affected airplanes (AT-802 0092-0178 and
AT-802A 0092-0178) were built between 2000 and 2004.
The baseline from which the FAA calculated the incremental costs to
comply with Air Tractor AD 2010-17-18 is compliance with the previous
Air Tractor AD (AD 2010-13-08) published in the Federal Register on
June 23, 2010. This earlier AD addressed Air Tractor Airplane Model AT-
802 serial numbers 0001 through 0091 and Model AT-802A serial numbers
0001 through 0091.
This AD imposed no new requirements beyond those in AD 2010-13-08
on Air Tractor Models AT-802 serial numbers 0001 through 0091 and Model
AT-802A serial numbers 0001 through 0091.
As previously noted, this AD also addressed Air Tractor Model AT-
802 serial numbers 0179 forward and Model AT-802A serial numbers 0179
forward. However, the December 30, 2010, AD removed these airplanes
from compliance with this AD.
Thus, in comparison with AD 2010-13-08, this AD affects Model AT-
802 serial numbers 0092 through 0178 and Model AT-802A serial numbers
0092 through 0178 in service in the United States.
For the purposes of this analysis, there are two different
categories within each of these two models. Category 1 consists of
Model AT-802 serial numbers 0092 through 0101 and Model AT-802A serial
numbers 0092 through 0101, which were manufactured in 2000. Category 2
consists of Model AT-802 serial numbers 0102 through 0178 and Model AT-
802A serial numbers 0102 through 0178 manufactured between 2000 through
2004. As seen in Table 1, there are only 6 category 1 airplanes and 40
category 2 airplanes.
Table 1--Numbers of Affected AT-802 and AT-802A Airplanes in Private
Operations by Category and by Year of Manufacture
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Category
Manufacture year ------------------ Total
1 2
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2000......................................... 6 4 10
2001......................................... ....... 10 10
2002......................................... ....... 6 6
2003......................................... ....... 13 13
2004......................................... ....... 7 7
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Total.................................... 6 40 46
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For category 1 airplanes, this AD requires that the operator must
perform three eddy current inspections (at 1,700 TIS hours, at 2,500
TIS hours, and at 3,300 TIS hours), each inspection costing $650.
However, as all of these airplanes were manufactured in 2000 and, given
an average of 450 annual TIS hours, they are already, on average, at
4,050 TIS hours. Nevertheless, the FAA assumes that these six airplanes
will need one inspection, which will be taken in 2011.
The AD also reduced their spar cap maximum safe life from 8,163 TIS
hours to 4,100 TIS hours. However, the operator can extend the spar cap
maximum safe life from 4,100 hours to 8,000 hours by spending $25,500
to install a center web plate and splice blocks. The FAA assumes that
all of these installations will occur in 2012. Finally, although the
spar cap has to be replaced (at a cost of $81,175) by 8,000 TIS hours,
this is required under AD 2010-13-08.
For category 2 airplanes, this AD reduced their spar cap maximum
safe life from 8,163 TIS hours to 5,500 TIS hours. However, if the
operator performs two eddy current inspections (at 5,500 TIS hours and
at 6,600 TIS hours), each inspection costing $650, the spar cap maximum
safe life can be extended to 8,000 TIS hours. Given an average of 450
annual TIS hours, these airplanes will have their first inspection (at
5,500 TIS hours) 12 years after they were manufactured and will have
their second inspection 3 years later (after having an average of 1,350
TIS hours during those 3 years). As these airplanes were manufactured
between late 2000 and 2004, the FAA assumes that the 2000 airplanes
will have their first inspection in 2012 and the second inspection in
2015; the 2001 airplanes will have their first inspection in 2013 and
the second inspection in 2016, etc.
The FAA uses a 10-year period of analysis (2011-2020) because that
is when nearly all of the compliance
[[Page 9498]]
expenditures will be made. The FAA also uses a 7 percent discount rate
to calculate the present values of the costs.
The AD does not require any additional inspections after the
replacement spar has been installed because the replacement spars are
higher quality than the original equipment.
Thus, the AD will impose two types of compliance costs. The first
are the costs from the inspections. The second are the costs to the
category 1 Air Tractor operators that will need to install a center web
plate and splice blocks at 4,100 TIS hours.
As seen in Table 2, the cost to comply with the AD requirements for
inspections during the ten-year period would be $55,900, which, using a
7 percent discount rate, has a present value of $39,260.
Table 2--Total and Present Value Compliance Costs To Comply With the Inspections Required by the AD
[2011-2020]
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Number of inspections by year
Manufacture year ---------------------------------------------------------------------------------------------------- Total
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
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2000 (Cat 1)............................. 6 0 0 0 0 0 0 0 0 0 6
2000 (Cat 2)............................. 0 4 0 0 4 0 0 0 0 0 8
2001..................................... 0 0 10 0 0 10 0 0 0 0 20
2002..................................... 0 0 0 6 0 0 6 0 0 0 12
2003..................................... 0 0 0 0 13 0 0 13 0 0 26
2004..................................... 0 0 0 0 0 7 0 0 7 0 14
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Total................................ 6 4 10 6 17 17 6 13 7 0 86
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Total Cost........................... $3,900 $2,600 $6,500 $3,900 $11,050 $11,050 $3,900 $8,450 $4,550 $0 $55,900
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Present Value........................ $3,645 $2,271 $5,306 $2,975 $7,878 $7,363 $2,429 $4,918 $2,475 $0 $39,260
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Each of the 6 category 1 Air Tractor airplane operators will need
to spend $25,500 to install the center web plate and splice blocks in
2012, which has a present value of $22,273 using a 7 percent discount
rate. The total cost to install this equipment on these 6 airplanes is
$153,000, which has a present value of $133,638 using a 7 percent
discount rate.
Thus, the total cost would be $208,900, which has a present value
of $172,898 using a 7 percent discount rate.
However, these costs are unequally distributed across the 34
operators. The six category 1 Air Tractor airplane operators will need
to spend $26,150 an airplane while the category 2 Air Tractor airplane
operators will need to spend between $650 and $1,300 an airplane.
(5) A description of the steps the agency has taken to minimize the
significant economic impact of the final rule on small entities.
The FAA is responsible for the safety of U.S.-registered aircraft
and U.S. operators. The FAA has not identified any significant
alternatives to this final rule that accomplish the stated objectives
of applicable statutes, and which minimize any significant economic
impact of the final rule SFAR on small entities.
(6) An identification, to the extent practicable, of all relevant
Federal rules which may duplicate, overlap, or conflict with the final
rule.
The FAA knows of no other Federal rules which duplicate, overlap,
or conflict with the final rule.
Determination of Significant Impact
As discussed in the compliance cost section, all of these operators
are small businesses. Further, nearly all of them are privately held
businesses that do not file reports that the FAA can access to
determine annual revenues. However, the FAA can determine that the
average value of an Air Tractor Model AT-800A serial number 0091-0101
is about $650,000. This rule requires the 6 operators of these
airplanes to spend about 4 percent ($25,500) of the value of the
airplane on a repair. The FAA believes that this magnitude of an
expenditure could place these six operators in some financial
difficulty.
Therefore, this final rule will have a significant economic impact
on a substantial number of small entities.
Issued in Kansas City, Missouri, on February 11, 2011.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-3653 Filed 2-17-11; 8:45 am]
BILLING CODE 4910-13-P
