[Federal Register Volume 71, Number 10 (Tuesday, January 17, 2006)]
[Rules and Regulations]
[Pages 2453-2455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-260]



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  Federal Register / Vol. 71, No. 10 / Tuesday, January 17, 2006 / 
Rules and Regulations  

[[Page 2453]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23473; Directorate Identifier 2005-CE-54-AD; 
Amendment 39-14451; AD 2005-26-53]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Pacific Aerospace Corporation (PAC) Ltd. Model 750XL airplanes. This AD 
contains the same information as emergency AD 2005-26-53 and publishes 
the action in the Federal Register. This AD requires you to insert text 
into the Limitations Section of the Airplane Flight Manual (AFM) that 
reduces the maximum takeoff weight from 7,500 pounds to 7,125 pounds. 
This AD results from mandatory continuing airworthiness information 
(MCAI) issued by the airworthiness authority for New Zealand. We are 
issuing this AD to reduce the maximum takeoff weight that will allow 
wing ultimate load requirements to be met. If wing ultimate load 
requirements are not met, wing failure could result and subsequent loss 
of control of the airplane.

DATES: This AD becomes effective on January 16, 2006, to all affected 
persons who did not receive emergency AD 2005-26-53, issued December 
22, 2005. Emergency AD 2005-26-53 contained the requirements of this 
amendment and became effective immediately upon receipt.
    We must receive any comments on this AD by February 14, 2006.

ADDRESSES: Use one of the following to submit comments on this 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 20590-0001.
     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.
    To view the comments to this AD, go to http://dms.dot.gov. The 
docket number is FAA-2005-23473; Directorate Identifier 2005-CE-54-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:

Discussion

    What events have caused this 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 PAC Ltd. Model 
750XL airplanes. The CAA reports that the wings of these airplanes may 
not meet the ultimate load requirements for a maximum takeoff weight of 
7,500 pounds. PAC found the condition on a production wing during an 
ultimate load test. Investigation is not complete, but indications show 
that some critical rivets were not fully age-hardened. PAC is 
developing a modification that will replace the critical rivets with 
``AN'' bolts. In the interim, PAC is reducing the maximum takeoff 
weight from 7,500 pounds to 7,125 pounds. The maximum takeoff weight 
reduction will allow the airplane to meet the ultimate load 
requirements for an airplane certificated in the Normal Category.
    The CAA issued emergency New Zealand AD Number DCA/750XL/7, dated 
December 22, 2005, to ensure the continued airworthiness of these 
airplanes in New Zealand. These PAC 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.
    On December 22, 2005, FAA issued emergency AD 2005-26-53 to require 
incorporating information into the Limitations Section of the Airplane 
Flight Manual (AFM) on the affected airplanes that are registered in 
the United States. The AFM limitation reduces the maximum takeoff 
weight from 7,500 pounds to 7,125 pounds.
    Why is it important to publish this AD? The FAA found that 
immediate corrective action was required, that notice and opportunity 
for prior public comment were impracticable and contrary to the public 
interest, and that good cause existed to make the AD effective 
immediately by individual letters issued on December 23, 2005, to all 
known U.S. operators of PAC Ltd. Model 750XL airplanes. These 
conditions still exist, and the AD is published in the Federal Register 
as an amendment to section 39.13 of the Federal Aviation Regulations 
(14 CFR 39.13) to make it effective to all persons.

Comments Invited

    Will I have the opportunity to comment before you issue the rule? 
This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment; however, we invite you to submit any written relevant data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include the docket number, ``FAA-2005-23473; 
Directorate Identifier 2005-CE-54-AD'' at the beginning of your 
comments. We will post all comments we receive, without change, to 
http://dms.dot.gov, including

[[Page 2454]]

any personal information you provide. We will also post a report 
summarizing each substantive verbal contact with FAA personnel 
concerning this AD.
    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-2005-23473; Directorate Identifier 2005-CE-54-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 AD I should pay attention 
to? We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. If you contact 
us through a nonwritten communication and that contact relates to a 
substantive part of this 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 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 AD, 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.

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

    Will this AD impact various entities? We have 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.
    Will this AD involve a significant rule or regulatory action? 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 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 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 ``Docket 
No. FAA-2005-23473; Directorate Identifier 2005-CE-54-AD'' in your 
request.

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 Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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 airworthiness 
directive (AD):

2005-26-53 Pacific Aerospace Corporation Ltd.: Amendment 39-14451; 
Docket No. FAA-2005-23473; Directorate Identifier 2005-CE-54-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on January 16, 2006, to all 
affected persons who did not receive emergency AD 2005-26-53, issued 
December 22, 2005. Emergency AD 2005-26-53 contained the 
requirements of this amendment and became effective immediately upon 
receipt.

Are Any Other ADs 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. We are issuing this AD to reduce the maximum takeoff weight 
that will allow wing ultimate load requirements to be met. If wing 
ultimate load requirements are not met, wing failure could result 
and subsequent 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
------------------------------------------------------------------------
Insert the following          Prior to further      The owner/operator
 information into the          flight after          holding at least a
 Limitations Section of the    January 16, 2006      private pilot
 Airplane Flight Manual        (the effective date   certificate as
 (AFM). You may do this by     of this AD), except   authorized by
 inserting a copy of this AD   for those who         section 43.7 of the
 into the Limitations          received emergency    Federal Aviation
 Section of the AFM.           AD 2005-26-53,        Regulations (14 CFR
``The maximum takeoff weight   issued December 22,   43.7) may do the
 is reduced from 7,500         2005, unless          flight manual
 pounds to 7,125 pounds.''     already done.         changes requirement
                               Emergency AD 2005-    of this AD. Make an
                               26-53 contained the   entry in the
                               requirements of       aircraft records
                               this amendment and    showing compliance
                               became effective      with this portion
                               immediately upon      of the AD following
                               receipt.              section 43.9 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
------------------------------------------------------------------------


[[Page 2455]]

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) Civil Aviation Authority airworthiness directive DCA/750XL/
7, dated December 22, 2005, also addresses the subject of this AD.


    Issued in Kansas City, Missouri, on January 5, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-260 Filed 1-13-06; 8:45 am]
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