[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Rules and Regulations]
[Pages 35509-35511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5529]


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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; 
Amendment 39-14658; AD 2006-13-05]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Corporation Ltd. 
750XL Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) that 
supersedes AD 2005-26-53, which applies to certain 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 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 AD would require you to 
remove rivets that have not been fully age hardened and replace them

[[Page 35510]]

with bolts, washers, and nuts in specific locations where reduction in 
rivet strength affects overall structural capability. This AD retains 
the actions of the previous AD until the rivets are replaced with the 
bolts, washers, and nuts. We are issuing this AD so that wing ultimate 
load requirements are met. If wing ultimate load requirements are not 
met, wing failure could result with consequent loss of control of the 
airplane.

DATES: This AD becomes effective on July 31, 2006.
    As of July 31, 2006, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.

ADDRESSES: For service information identified 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 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2006-23579; Directorate 
Identifier 2006-CE-02-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

    On March 3, 2006, we issued a proposal to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) to include an AD that 
would apply to certain Pacific Aerospace Corporation Ltd. (PAC) 750XL 
airplanes. This proposal was published in the Federal Register as a 
notice of proposed rulemaking (NPRM) on March 10, 2006 (71 FR 12305). 
The NPRM proposed to supersede AD 2005-26-53, Amendment 39-14451 (71 FR 
2453, January 17, 2006), and 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. The proposed AD would retain the airplane weight 
AFM Limitations requirement of AD 2005-26-53 until the rivets are 
replaced with the bolts, washers, and nuts.

Comments

    We provided the public the opportunity to participate in developing 
this AD. We received no comments on the proposal or on the 
determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
except for minor editorial corrections. We have determined that these 
minor corrections:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 7 airplanes in the U.S. registry.
    We estimate the following costs to do the replacement:

----------------------------------------------------------------------------------------------------------------
                                                                                 Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
32 work-hours x $80 per hour = $2,560........................            $519           $3,079          $21,553
----------------------------------------------------------------------------------------------------------------

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 AD.

Regulatory Findings

    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.
    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-2006-23579; Directorate Identifier 2006-CE-02-AD'' in your 
request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 removing Airworthiness Directive (AD) 
2005-26-53, Amendment 39-14451 (71 FR 2453, January 17, 2006), and by 
adding the following new airworthiness directive:

2006-13-05 Pacific Aerospace Corporation Ltd.: Amendment 39-14658; 
Docket No. FAA-2006-23579; Directorate Identifier 2006-CE-02-AD.

Effective Date

    (a) This AD becomes effective on July 31, 2006.

[[Page 35511]]

Affected ADs

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

Applicability

    (c) This AD affects Model 750XL airplanes, serial numbers 101, 
102, 104 through 120, and 125, that are certificated in any 
category.

Unsafe Condition

    (d) This AD is the result of 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 consequent 
loss of control of the airplane.

Compliance

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(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
                               continued 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.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Standards Office, Small Airplane Directorate, 
FAA, ATTN: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane 
Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; 
telephone: (816) 329-4146; facsimile: (816) 329-4090 has the 
authority to approve alternative methods of compliance (AMOCs) for 
this AD, if requested using the procedures found in 14 CFR 39.19.
    (g) AMOCs approved for AD 2005-26-53 are approved for this AD.

Related Information

    (h) New Zealand AD No. DCA/750XL/7A, dated December 24, 2005 
also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must do the actions required by this AD following the 
instructions in Pacific Aerospace Corporation Ltd. Service Bulletin 
No. PACSB/XL/018 Issue 3, issued December 23, 2005, amended January 
16, 2006. The Director of the Federal Register approved the 
incorporation by reference of this service bulletin in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this 
service information, contact Pacific Aerospace Corporation Ltd., 
Hamilton Airport, Private Bag HN3027, Hamilton, New Zealand; 
telephone: (64) 7-843-6144; facsimile: (64) 7-843-6134. To review 
copies of this service information, go to the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call 
(202) 741-6030. 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 20590-001 or on 
the Internet at http://dms.dot.gov. The docket number is FAA-2006-
23579; Directorate Identifier 2006-CE-02-AD.

    Issued in Kansas City, Missouri, on June 12, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5529 Filed 6-20-06; 8:45 am]
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