[Federal Register Volume 71, Number 47 (Friday, March 10, 2006)]
[Proposed Rules]
[Pages 12305-12307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3442]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23579; Directorate Identifier 2006-CE-02-AD]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Corporation Ltd. 
750XL Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2005-26-53; Amendment 39-14451, which applies to all Pacific Aerospace 
Corporation Ltd. (PAC) 750XL airplanes. AD 2005-26-53 currently 
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 proposed AD results from 
mandatory continuing airworthiness information (MCAI) issued by the 
airworthiness authority for New Zealand and the FAA's decision that the 
actions correct an unsafe condition. Consequently, this proposed AD 
would require you to remove rivets that have not been fully age 
hardened and replace them with bolts, washers, and nuts in specific 
locations where reduction in rivet strength affects overall structural 
capability. This proposed AD retains the actions of the previous AD 
until the rivets are replaced with the bolts, washers, and nuts. We are 
issuing this proposed AD so that wing ultimate load requirements are 
met. If wing ultimate load requirements are not met, wing failure could 
result with subsequent loss of control of the airplane.

DATES: We must receive comments on this proposed AD by April 12, 2006.

ADDRESSES: Use one of the following addresses to comment 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 20590-0001.
     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.
    Contact Pacific Aerospace Corporation Ltd., Hamilton Airport, 
Private Bag HN 3027, Hamilton, New Zealand for the service information 
identified in this proposed AD.
    You may examine the comments on this proposed AD in the AD docket 
on the Internet at http://dms.dot.gov.

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 send any 
written relevant data, views, or arguments regarding this proposal. 
Send your comments to an address listed under ADDRESSES. Include the 
docket number, ``FAA-2006-23579; Directorate Identifier 2006-CE-02-AD'' 
at the beginning of your comments. We specifically invite comments on 
the overall regulatory, economic, environmental, and energy aspects of 
the proposed AD. We will consider all comments received by the closing 
date and may amend the proposed AD in light of those 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 the DOT 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.). 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.

Examining the Dockets

    Where can I go to view the docket information? You may examine the 
docket that contains the proposal, any comments received and any final 
disposition on the Internet at http://dms.dot.gov, or in person at the 
DOT Docket Offices between 9 a.m. and 5 p.m., 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. Comments 
will be available in the AD docket shortly after the Docket Management 
Facility receives them.

Discussion

    Has FAA taken any action to this point? Some critical rivets that 
were not fully age-hardened were used in specific locations where the 
reduction in rivet strength affects the overall structural capability. 
The unsafe condition caused us to issue AD 2005-26-53, Amendment 39-
14451 (71 FR 2453, January 17, 2006). AD 2005-26-53 currently 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.
    What has happened since AD 2005-26-53 to initiate this proposed AD 
action? The Civil Aviation Authority (CAA), which is the airworthiness 
authority for New Zealand, recently notified FAA of the need to change 
AD 2005-26-53. The CAA reports that the manufacturer has now specified 
bolts, washers, and nuts to replace the rivets located in critical 
locations where reduction in rivet strength is critical. After 
replacing the rivets that have not been fully age hardened with the 
bolts, washers, and nuts, the wings of these airplanes will meet the 
ultimate load requirements for a maximum takeoff weight of 7,500 
pounds.
    What is the potential impact if FAA took no action? This condition, 
if not corrected, could result in the wing not meeting ultimate load 
requirements. Wing failure could result with subsequent loss of control 
of the airplane.

Relevant Service Information

    Is there service information that applies to this subject? We have 
reviewed Pacific Aerospace Corporation, Ltd. Service Bulletin No. 
PACSB/XL/018 Issue 3, issued December 23, 2005, and amended January 16, 
2006.
    What are the provisions of this service information? The service 
information describes procedures for:

[[Page 12306]]

     Removing rivets, part number (P/N) MS20470 DD6; and
     installing bolts (P/N NAS 6203-7X or NAS 6203-6X), washers 
(P/N AN960-10), and nuts (P/N MS21044N3) in place of the rivets.
    What action did the CAA take? The CAA classified this service 
bulletin as mandatory and issued New Zealand AD Number DCA/750XL/7A, 
dated December 24, 2005, to ensure the continued airworthiness of these 
airplanes in New Zealand.
    Did the CAA inform the United States under the bilateral 
airworthiness agreement? 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 New Zealand CAA 
has kept us informed of the situation described above.

FAA's Determination and Requirements of the Proposed AD

    Why have we determined AD action is necessary and what would this 
proposed AD require? We are proposing this AD to address an unsafe 
condition that we determined is likely to exist or develop on other 
products of this same type design. This proposed AD would supersede AD 
2005-26-53 with a new AD that would require you to remove certain 
rivets and replace them with bolts, washers, and nuts in specific 
locations where reduction in rivet strength is critical. This proposed 
AD would require you to use the service information described 
previously to perform these actions.

Differences Between This Proposed AD and Service Information

    Are there differences between the requirements of this proposed AD 
and what is contained in the service information? This proposed AD has 
a different compliance time for the replacement of the rivets than the 
compliance time in the service information. The requirements of this 
proposed AD, if adopted as a final rule, would take precedence over the 
provisions in the service information.

Costs of Compliance

    How many airplanes would this proposed AD impact? We estimate that 
this proposed AD affects 5 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:

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                                                                                 Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
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32 workhours x $80 per hour = $2,560.........................            $519           $3,079          $15,395
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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 
rulemaking action.

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.
    For the reasons discussed above, I certify that the proposed 
regulation:
    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 regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

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 removing Airworthiness Directive 
(AD) 2005-26-53, Amendment 39-14451, and adding the following new 
airworthiness directive:

Pacific Aerospace Corporation Ltd.: Docket No. FAA-2006-23579; 
Directorate Identifier 2006-CE-02-AD.

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

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this proposed airworthiness directive (AD) action by 
April 12, 2006.

What Other ADs Are Affected by This Action?

    (b) This AD supersedes AD 2005-26-53; Amendment 39-14451.

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 results from some critical rivets on the wing not 
being fully age-hardened and being installed in specific locations 
where reduction in rivet strength reduces wing strength. The actions 
specified in this AD are intended to ensure wing ultimate load 
requirements are met. If wing ultimate load requirements are not 
met, wing failure could result with subsequent loss of control of 
the airplane.

[[Page 12307]]

What Must I Do To Address This Problem?

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

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           Actions                 Compliance            Procedures
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(1) Insert the following      Before 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 AD 2005-26-53),    authorized by
 inserting a copy of this AD   except for those      section 43.7 of the
 into the Limitations          who received          Federal Aviation
 Section of the AFM.           emergency AD 2005-    Regulations (14 CFR
``The maximum takeoff weight   26-53, issued         43.7) may do the
 is reduced from 7,500         December 22, 2005,    flight manual
 pounds to 7,125 pounds.''.    unless already        changes requirement
                               done. Emergency AD    of this AD. Make an
                               2005-26-53            entry in the
                               contained the         aircraft records
                               requirements of AD    showing compliance
                               2005-26-53 and        with this portion
                               became effective      of the AD following
                               immediately upon      section 43.9 of the
                               receipt.              Federal Aviation
                                                     Regulations (14 CFR
                                                     43.9).
(2) Remove rivets, part       Within 100 hours      Following Pacific
 number (P/N) MS20470 DD6,     time-in-service       Aerospace
 and replace with bolts, P/N   after the effective   Corporation Ltd.
 NAS 6203-7X or NAS 6203-6X;   date of this AD.      service bulletin
 washers, P/N AN960-10; and                          PACSB/XL/018 Issue
 nuts, P/N MS21044N3.                                3, issued December
                                                     23, 2005, and
                                                     amended January 16,
                                                     2006.
(3) Remove the restrictive    After doing the       The owner/operator
 information from the          action required in    holding at least a
 Limitations Section of the    paragraph (e)(2) of   private pilot
 AFM that you were required    this AD.              certificate as
 to insert in paragraph                              authorized by
 (e)(1) of this AD.                                  section 43.7 of the
                                                     Federal Aviation
                                                     Regulations (14 CFR
                                                     43.7) may do the
                                                     flight manual
                                                     changes requirement
                                                     of this AD.
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May I Request an Alternative Method of Compliance?

    (f) The Manager, Standards Office, Small Airplane Directorate, 
FAA, has the authority to approve alternative methods of compliance 
(AMOCs) for this AD, if requested using the procedures found in 14 
CFR 39.19.
    (1) For information on any already approved AMOCs or for 
information pertaining to this AD, 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.
    (2) AMOCS approved for AD 2005-26-53 are approved for this AD.

Is There Other Information That Relates to This Subject?

    (g) New Zealand AD No. DCA/750XL/7A, dated December 24, 2005 and 
Pacific Aerospace Corporation Ltd. Service Bulletin No. PACSB/XL/018 
Issue 3, issued December 23, 2005, amended January 16, 2006 also 
apply to 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 HN3027, Hamilton, New Zealand. 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. The 
docket number is Docket No. FAA-2005-23579; Directorate Identifier 
2006-CE-02-AD.

    Issued in Kansas City, Missouri, on March 3, 2006.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-3442 Filed 3-9-06; 8:45 am]
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