[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Proposed Rules]
[Pages 67864-67867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25795]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19444; Directorate Identifier 2004-CE-33-AD]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Corporation, Ltd. 
Model 750XL Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Pacific Aerospace Corporation, Ltd. (Pacific Aerospace) Model 
750XL airplanes. This proposed AD would require you to replace any type 
TLP-D or TLED rivets on the aileron pushrod ends and elevator control 
pushrod ends. This proposed AD results from mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for New Zealand. We are issuing this proposed AD to replace the above 
identified rivets on the aileron pushrod ends and elevator control 
pushrod ends, which, if not replaced, could result in loose mechanical 
elements in the control systems. This could lead to control anomalies 
and loss of airplane control.

DATES: We must receive any comments on this proposed AD by December 27, 
2004.

ADDRESSES: Use one of the following to submit comments on this proposed 
AD:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the

[[Page 67865]]

instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    To get the service information identified in this proposed AD, 
contact Pacific Aerospace Corporation, Ltd., Hamilton Airport, Private 
Bag HN 3027, Hamilton, New Zealand; telephone: 64 7 843 6144; 
facsimile: 64 7 843 6134.
    To view the comments to this proposed AD, go to http://dms.dot.gov. 
This is docket number FAA-2004-19444.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
Small Airplane Directorate, 901 Locust, Room 302, Kansas City, MO 
64106; telephone: (816) 329-4146; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    How do I comment on this proposed AD? We invite you to submit any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include the 
docket number, ``FAA-2004-19444; Directorate Identifier 2004-CE-33-AD'' 
at the beginning of your comments. We will post all comments we 
receive, without change, to http://dms.dot.gov, including any personal 
information you provide. We will also post a report summarizing each 
substantive verbal contact with FAA personnel concerning this proposed 
rulemaking. Using the search function of our docket Web site, anyone 
can find and read the comments received into any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
This is docket number FAA-2004-19444. You may review the DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477-78) or you may visit http://dms.dot.gov.
    Are there any specific portions of this proposed AD I should pay 
attention to? We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this 
proposed AD. If you contact us through a nonwritten communication and 
that contact relates to a substantive part of this proposed AD, we will 
summarize the contact and place the summary in the docket. We will 
consider all comments received by the closing date and may amend this 
proposed AD in light of those comments and contacts.

Docket Information

    Where can I go to view the docket information? You may view the AD 
docket that contains the proposal, any comments received, and any final 
disposition in person at the DMS Docket Offices between 9 a.m. and 5 
p.m. (eastern standard time), Monday through Friday, except Federal 
holidays. The Docket Office (telephone 1-800-647-5227) is located on 
the plaza level of the Department of Transportation NASSIF Building at 
the street address stated in ADDRESSES. You may also view the AD docket 
on the Internet at http://dms.dot.gov. The comments will be available 
in the AD docket shortly after the DMS receives them.

Discussion

    What events have caused this proposed AD? The Civil Aviation 
Authority (CAA), which is the airworthiness authority for New Zealand, 
recently notified FAA that an unsafe condition may exist on all Pacific 
Aerospace Corporation, Ltd. (Pacific Aerospace) Model 750XL airplanes. 
The CAA reports occurrences of loose type TLP-D or TLED rivets on the 
aileron pushrod ends and elevator control pushrod ends on Model 750XL 
airplanes in service in New Zealand.
    What is the potential impact if FAA took no action? Any type TLP-D 
or TLED rivets on the aileron pushrod ends and elevator control pushrod 
ends could result in loose mechanical elements in the control systems. 
This could lead to control anomalies and loss of airplane control.
    Is there service information that applies to this subject? Pacific 
Aerospace has issued Mandatory Service Bulletin No. PACSB/XL/007, dated 
June 22, 2004.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Inspecting for any type TLP-D or TLED rivets on the aileron pushrod 
ends and elevator control pushrod ends; and
--Replacing any type TLP-D or TLED rivets found on the aileron pushrod 
ends and elevator control pushrod ends with new Cherry Max 3213-4-2 or 
3243-4-2 (oversize nominal \1/8\-inch) rivets.

    What action did the CAA take? The CAA classified this service 
bulletin as mandatory and issued New Zealand AD Number DCA/40XL/1, 
dated June 24, 2004, to ensure the continued airworthiness of these 
airplanes in New Zealand.
    Did the CAA inform the United States under the bilateral 
airworthiness agreement? These Pacific Aerospace Model 750XL airplanes 
are manufactured in New Zealand and are type-certificated for operation 
in the United States under the provisions of section 21.29 of the 
Federal Aviation Regulations (14 CFR 21.29) and the applicable 
bilateral airworthiness agreement.
    Under this bilateral airworthiness agreement, the CAA has kept us 
informed of the situation described above.

FAA's Determination and Requirements of This Proposed AD

    What has FAA decided? We have examined the CAA's findings, reviewed 
all available information, and determined that AD action is necessary 
for products of this type design that are certificated for operation in 
the United States.
    Since the unsafe condition described previously is likely to exist 
or develop on other Pacific Aerospace Model 750XL airplanes of the same 
type design that are registered in the United States, we are proposing 
AD action to replace any type TLP-D or TLED rivets on the aileron 
pushrod ends and elevator control pushrod ends, which, if not replaced, 
could result in loose mechanical elements in the control systems. This 
could lead to control anomalies and loss of airplane control.
    What would this proposed AD require? This proposed AD would require 
you to replace any type TLP-D or TLED rivets on the aileron pushrod 
ends and elevator control pushrod ends.
    How does the revision to 14 CFR part 39 affect this proposed AD? On 
July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 
47997, July 22, 2002), which governs FAA's AD system. This regulation 
now includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes would this proposed AD impact? We estimate that

[[Page 67866]]

this proposed AD affects 6 airplanes in the U.S. registry.
    What would be the cost impact of this proposed AD on owners/
operators of the affected airplanes? We estimate the following costs to 
do this proposed replacement of any type TLP-D or TLED rivets on the 
aileron pushrod ends and elevator control pushrod ends:

----------------------------------------------------------------------------------------------------------------
                                                                      Total cost per      Total cost on U.S.
               Labor cost                         Parts cost             airplane              Operators
----------------------------------------------------------------------------------------------------------------
6 workhours x $65 per hour = $390.......  $37 for 100 Cherry Max                $427  $427 x 6 = $3,562.
                                           3213-4-2 or 3243-4-2
                                           (oversize nominal \1/8\-
                                           inch) rivets.
----------------------------------------------------------------------------------------------------------------

    The Cherry Max 3213-4-2 or 3243-4-2 rivets are available in a 
specially sealed 100-count package. The costs above cover this 100-
count package although you may need less than 100 rivets.

Regulatory Findings

    Would this proposed AD impact various entities? We have determined 
that this proposed AD would not have federalism implications under 
Executive Order 13132. This proposed AD would 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.
    Would this proposed AD involve a significant rule or regulatory 
action? For the reasons discussed above, I certify that this proposed 
AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this proposed AD 
and placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``AD Docket FAA-2004-19444; Directorate Identifier 2004-CE-33-AD'' in 
your request.
    This proposed rulemaking is promulgated under the authority in 
Subtitle VII, Part A, Subpart III, Section 44701, General requirements. 
Under that section, the FAA is charged with prescribing minimum 
standards required in the interest of safety for the design of 
aircraft. This proposed regulation is within the scope of that 
authority since it corrects an unsafe condition in the design of the 
aircraft caused by type TLP-D or TLED rivets, which, if not replaced, 
could result in loose mechanical elements in the control systems. This 
could lead to control anomalies and loss of airplane control.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Pacific Aerospace Corporation, Ltd.: Docket No. FAA-2004-19444; 
Directorate Identifier 2004-CE-33-AD

When Is the Last Date I can Submit Comments on This Proposed AD?

    (a) We must receive comments on This proposed airworthiness 
directive (AD) by December 27, 2004.

What Other ADs are Affected by This Action?

    (b) None.

What Airplanes are Affected by This AD?

    (c) This AD affects Model 750XL airplanes, all serial numbers, 
that are certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for New 
Zealand. The actions specified in this AD are intended to replace 
any type TLP-D or TLED rivets on the aileron pushrod ends and 
elevator control pushrod ends, which, if not replaced, could result 
in loose mechanical elements in the control systems. This could lead 
to control anomalies and loss of airplane control.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Replace any type TLP-D    With 50 hours time-   Follow the
 or TLED rivets on the         in-service (TIS)      ACCOMPLISHMENT
 aileron pushrod ends and      after the effective   INSTRUCTIONS in
 elevator control pushrod      date of this AD,      Pacific Aerospace
 ends with a new Cherry Max    unless already done.  Corporation
 3213-4-2 or 3243-4-2                                Mandatory Service
 (oversize nominal \1/8\-                            Bulletin No. PACSB/
 inch) rivet.                                        XL/007, dated June
                                                     22, 2004.
(2) Do not install: (i) any   As of the effective   Not Applicable.
 type TLP-D or TLED rivets     date of this AD.
 on the aileron pushrod ends
 and elevator control
 pushrod ends; or (ii) any
 aileron pushrods or
 elevator control pushrods
 with type TLP-D or TLED
 rivets on the ends.
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Karl Schletzbaum, 
Aerospace Engineer, Small Airplane

[[Page 67867]]

Directorate, 901 Locust, Room 302, Kansas City, MO 64106; telephone: 
(816) 329-4146; facsimile: (816) 329-4090.

Is There Other Information That Relates to This Subject?

    (g) New Zealand Airworthiness Directive Number DCA/40XL/1, dated 
June 24, 2004, also addresses the subject of this AD.

May I Get Copies of the Documents Referenced in This AD?

    (h) To get copies of the documents referenced in this AD, 
contact Pacific Aerospace Corporation, Ltd., Hamilton Airport, 
Private Bag HN 3027, Hamilton, New Zealand; telephone: 64 7 843 
6144; facsimile: 64 7 843 6134. To view the AD docket, go to the 
Docket Management Facility; U.S. Department of Transportation, 400 
Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC, 
or on the Internet at http://dms.dot.gov. This is docket number FAA-
2004-19444.

    Issued in Kansas City, Missouri, on November 15, 2004.
Scott L. Sedgwick,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-25795 Filed 11-19-04; 8:45 am]
BILLING CODE 4910-13-P