Discussion
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No.: 2015-0145, dated July 21, 2015 (referred to after this as ``the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:
During a recent flight test campaign to evaluate the performance and handling characteristics of a P.68R aeroplane in support of an STC application, differences were noticed between the climb performance reported in the applicable Aircraft Flight Manual (AFM) and the performance demonstrated during those tests.
Prompted by these findings, further flight tests performed by Vulcanair confirmed that the All Engines Operative (AEO) rate of climb (ROC) performance, as published in the current revision of the applicable AFMs, is incorrect.
This condition, if not corrected, could lead to over-estimation of AEO ROC, possibly resulting in impact with terrain or obstacle due to erroneous evaluation of aeroplane climb performance.
To address this potential unsafe condition, Vulcanair S.p.A. revised the applicable AFMs, informing operators with Service Bulletin (SB) No. 244.
For the reason described above, this AD requires revising applicable AFM.
You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015- 3656.
Relevant Service Information Under 1 CFR Part 51
Vulcanair S.p.A. has issued Vulcanair Aircraft P.68 Variants Mandatory Service Bulletin No. 244, dated April 24, 2015. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. The service information describes procedures for replacing the applicable airplane flight manual with its latest revision including the changes related to the airplane's rate of climb performance.
Pages 5-1 through 5-34, in Section 5, Revision 27, dated April 23, 2015, of the Vulcanair Aircraft P.68R POH/AFM, NOR10.707-30C, Revision 17, dated July 22, 2013 and pages 1 through 42, in Supplement F, in Section 8, Revision 27, dated April 23, 2015, of the Vulcanair Aircraft P.68R POH/AFM, NOR10.707-30C, Revision 17, dated July 22, 2013, detailing changes related to the airplane's rate of climb performance, are the applicable airplane flight manual latest revision replacement pages required by Vulcanair Aircraft P.68 Variants Mandatory Service Bulletin No. 244, dated April 24, 2015.
This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section of this AD.
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.
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 differences have been found between the climb performance reported in the applicable aircraft flight manual (AFM) and the performance demonstrated during test flights. This condition, if not corrected, could result in over-estimation of the airplane's rate of climb, resulting in impact with obstructions or terrain. Therefore, we determined that notice and opportunity for public comment before issuing this ADare impracticable and that good cause exists for making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2015-3656; Directorate Identifier 2015-CE-027-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.Costs of Compliance
We estimate that this AD will affect 1 product of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour.
Based on these figures, we estimate the cost of the AD on U.S. operators to be $85, or $85 per product.
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 the DOT Regulatory Policies and
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Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.