[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Proposed Rules]
[Pages 48657-48659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16442]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 70, No. 160 / Friday, August 19, 2005 / 
Proposed Rules  

[[Page 48657]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21935; Directorate Identifier 2005-CE-37-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 certain Pacific Aerospace Corporation Ltd Model 750XL airplanes. 
This proposed AD would require you to inspect the condition of the left 
and right outer panel attachment lugs for damage (scoring and gouging) 
and/or cracks (using a fluorescent penetrant inspection procedure for 
the crack inspection); to inspect the spacing of left and right outer 
panel attachment lugs; to replace the lugs if damage is found; and to 
make necessary corrections to the spacing. 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 prevent structural failure of the outer panel and spar 
due to cracked, bent, or distorted condition of the left and right 
outer panel attachment lugs; and incorrect spacing of the left and 
right outer panel attachment lugs. This failure could lead to loss of 
control of the airplane.

DATES: We must receive any comments on this proposed AD by October 5, 
2005.

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 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 20590-001.
     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-2005-21935; Directorate Identifier 2005-CE-
37-AD.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 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-2005-21935; Directorate Identifier 2005-CE-37-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-2005-21935; Directorate Identifier 2005-CE-
37-AD. 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 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 certain 
Pacific Aerospace Corporation Ltd Model 750XL airplanes. The CAA 
reports the attachment lug spacers are incorrectly sized and cause the 
lugs to distort when the attachment bolt is tightened. Also, outer wing 
attachment lugs were used to secure the spar in the wing build jig 
without spacers. This may have bent the clevis legs outward. These two 
problems may cause cracking and/or degradation of fatigue life.
    What is the potential impact if FAA took no action? Cracked, bent, 
or distorted condition of the left and right outer panel attachment 
lugs; and incorrect spacing of the left and right outer panel 
attachment lugs could result

[[Page 48658]]

in structural failure. This failure could lead to loss of control of 
the airplane.
    Is there service information that applies to this subject? Pacific 
Aerospace Corporation Ltd. has issued Mandatory Service Bulletin PACSB/
XL/015, Issue 3, amended April 8, 2005.
    What are the provisions of this service information? The service 
bulletin includes procedures for:

--Inspecting both the right and left paired center wing lugs for 
scoring or gouging of mating faces, and replacing the lugs if scoring 
or gouging is found;
--Inspecting both the right and left single outer wing lugs for scoring 
or gouging, and replacing the lugs if scoring or gouging is found;
--Inspecting both the right and left paired and single outer wing lugs 
for cracking, and replacing the lugs if cracking is found; and
--Inspecting both the right and left paired center wing lugs for 
parallel spacing, and correcting the spacing if not parallel within 
0.010 inches.

    What action did the CAA of New Zealand take? The CAA classified 
this service bulletin as mandatory and issued New Zealand AD Number 
DCA/750XL/5, dated April 28, 2005, to ensure the continued 
airworthiness of these airplanes in New Zealand.
    Did the CAA of New Zealand inform the United States under the 
bilateral airworthiness agreement? These Pacific Aerospace Corporation 
Ltd 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 of New 
Zealand 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 Corporation Ltd Model 750XL 
airplanes of the same type design that are registered in the United 
States, we are proposing AD action to prevent structural failure of the 
outer panel and spar due to cracked, bent, or distorted condition of 
the left and right outer panel attachment lugs; and incorrect spacing 
of the left and right outer panel attachment lugs. This failure could 
lead to loss of control of the airplane.
    What would this proposed AD require? This proposed AD would require 
you to inspect the condition and spacing of the left and right outer 
panel attachment lugs; replace the lugs if damage is found; and make 
any necessary corrections to the spacing.
    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 
this proposed AD affects 4 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 inspection:

------------------------------------------------------------------------
                                          Total cost per   Total cost on
               Labor cost                    airplane     U.S. operators
------------------------------------------------------------------------
6 workhours x $65 = $390................            $390          $1,560
------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of this proposed 
inspection. We have no way of determining the number of airplanes that 
may need this replacement:

------------------------------------------------------------------------
                                                          Total cost per
            Labor cost                   Parts cost          airplane
------------------------------------------------------------------------
16 workhours x $65 = $1,040.......  Pacific Aerospace             $1,040
                                     Corporation Ltd.
                                     will provide
                                     warranty credit for
                                     replacement cost.
------------------------------------------------------------------------

Authority for This Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
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 AD.

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.

[[Page 48659]]

    We prepared a summary of the costs to comply with this proposed AD 
(and other information as included in the Regulatory Evaluation) 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-2005-21935; Directorate Identifier 2005-CE-37-AD'' in 
your request.

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-2005-21935; 
Directorate Identifier 2005-CE-37-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 October 5, 2005.

What Other ADs Are Affected By This Action?

    (b) None.

What Airplanes Are Affected By This AD?

    (c) This AD affects Model 750XL, serial numbers 101 through 115, 
that are certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of incorrect sizing of the attachment 
lug spacers causing the lugs to distort when the attachment bolt is 
tightened. Also, outer wing attachment lugs were used to secure the 
spar in the wing build jig without spacers. This may have bent the 
clevis legs outward. These two problems may cause cracking and/or 
degradation of fatigue life. The actions specified in this AD are 
intended to prevent structural failure of the outer panel and spar 
due to cracked, bent, or distorted condition of the left and right 
outer panel attachment lugs; and incorrect spacing of the left and 
right outer panel attachment lugs. This failure could lead to loss 
of control of the airplane.

What Must I Do To Address This Problem?

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the left and      Upon accumulating     Follow Pacific
 right outer panel, paired     300 hours time-in-    Aerospace
 center wing lugs, and the     service (TIS) or      Corporation Ltd.
 outer panel single lugs for   within 50 hours TIS   Mandatory Service
 damage (scoring or gouging).  after the effective   Bulletin PACSB/XL/
                               date of this AD,      015, Issue 3,
                               whichever occurs      amended April 8,
                               later.                2005.
(2) Inspect the left and      Upon accumulating     Pacific Aerospace
 right outer panel, paired     300 hours TIS or      Corporation Ltd.
 center wing lugs, and the     within 50 hours TIS   Mandatory Service
 outer panel single lugs for   after the effective   Bulletin PACSB/XL/
 cracks. You must use a        date of this AD,      015, Issue 3,
 fluorescent penetrant         whichever occurs      amended April 8,
 inspection procedure          later.                2005.
 instead of the dye
 penetrant inspection
 procedure stated in the
 service information.
(3) If any damage and/or      Prior to further      Pacific Aerospace
 cracks are found during the   flight, after any     Corporation Ltd.
 inspections required in       inspection where      Mandatory Service
 paragraph (e)(1) and (e)(2)   damage and/or         Bulletin PACSB/XL/
 of this AD, you must          cracks are found.     015, Issue 3,
 replace the lugs.                                   amended April 8,
                                                     2005.
(4) Inspect the left and      Inspect upon          Pacific Aerospace
 right wing paired lugs for    accumulating 300      Corporation Ltd.
 parallel spacing within       hours TIS or within   Mandatory Service
 0.010 inches. If the paired   50 hours TIS after    Bulletin PACSB/XL/
 lugs are not parallel         the effective date    015, Issue 3,
 within 0.010 inches, reshim   of this AD,           amended April 8,
 outer wing attachment         whichever occurs      2005.
 points and correct spacing.   later. Correct
                               spacing and reshim
                               prior to further
                               flight after the
                               inspection.
------------------------------------------------------------------------

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, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4146; 
facsimile: (816) 329-4090.

Is There Other Information That Relates to This Subject?

    (g) CAA Airworthiness Directive DCA/750XL/5, dated April 28, 
2005; and Pacific Aerospace Corporation Ltd. Mandatory Service 
Bulletin PACSB/XL/015, Issue 3, amended April 8, 2005 also address 
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-
2005-21935; Directorate Identifier 2005-CE-37-AD.

    Issued in Kansas City, Missouri, on August 15, 2005.
Terry L. Chasteen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-16442 Filed 8-18-05; 8:45 am]
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