[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Proposed Rules]
[Pages 33166-33168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11589]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27864; Directorate Identifier 2007-CE-038-AD]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Model 750XL 
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    To prevent damage to the rear spar due to working and failing 
rivets between the rear spar and the inboard rib * * *

    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by July 16, 2007.

ADDRESSES: You may send comments by any of the following methods:
     DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Fax: (202) 493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590., between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Management Facility between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this proposed AD, the regulatory evaluation, any 
comments received, and other information. The street address for the 
Docket Office (telephone (800) 647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the

[[Page 33167]]

ADDRESSES section. Include ``Docket No. FAA-2007-27864; Directorate 
Identifier 2007-CE-038-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this proposed AD. We will consider 
all comments received by the closing date and may amend this proposed 
AD because 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 we 
receive about this proposed AD.

Discussion

    The Civil Aviation Authority (CAA), which is the aviation authority 
for New Zealand, has issued AD DCA/750XL/9, dated March 29, 2007 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    To prevent damage to the rear spar due to working and failing 
rivets between the rear spar and the inboard rib * * *

    The MCAI requires inspecting the inboard end of the rear spar for 
security of the blind rivets, inspecting the radii of the rear spar 
upper and lower flanges for cracking, inspecting the aft flange of the 
inboard rib for cracking, replacing the rear spar if cracks are found 
in any of the inspections, and modifying the rear spar by replacing the 
blind rivets with bolts or rivets.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Pacific Aerospace Limited has issued Mandatory Service Bulletin 
PACSB/XL/022, dated February 14, 2007. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Differences Between This Proposed AD and the MCAI or Service 
Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 7 products of U.S. registry. We also estimate that 
it would take about 40 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $200 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these costs. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $23,800, or $3,400 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 40 work-hours and require parts costing $750, for a cost of 
$3,950 per product. This cost estimate is per side. We have no way of 
determining the number of products that may need these actions.

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 
rulemaking action.

Regulatory Findings

    We 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 this 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 and placed it in the AD docket.

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 FAA 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 AD:

Pacific Aerospace Limited: Docket No. FAA-2007-27864; Directorate 
Identifier 2007-CE-038-AD.

Comments Due Date

    (a) We must receive comments by July 16, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 750XL airplanes, serial numbers 
101, 102, and 104 through 128, certificated in any category.

[[Page 33168]]

Subject

    (d) Air Transport Association of America (ATA) Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    To prevent damage to the rear spar due to working and failing 
rivets between the rear spar and the inboard rib * * *
    The MCAI requires inspecting the inboard end of the rear spar 
for security of the blind rivets, inspecting the radii of the rear 
spar upper and lower flanges for cracking, inspecting the aft flange 
of the inboard rib for cracking, replacing the rear spar if cracks 
are found in any of the inspections, and modifying the rear spar by 
replacing the blind rivets with bolts or rivets.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 50 hours time-in-service (TIS) after the effective 
date of this AD, and thereafter at intervals not to exceed 150 hours 
TIS until the blind rivets have been replaced by bolts or rivets as 
required in paragraph (f)(3) of this AD, inspect the inboard end of 
the rear spar for security of the blind rivets, which attach the 
fuselage attach fitting to the rear spar and inboard rib; inspect 
the radii of the rear spar upper and lower flanges for cracking; and 
inspect the aft flange of the inboard rib for cracking following 
Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/022 
dated February 14, 2007.
    (2) Before further flight, after any inspection where cracking 
is found, repair the aft flange of the inboard rib and/or replace 
the rear spar following Pacific Aerospace Limited Mandatory Service 
Bulletin PACSB/XL/022 dated February 14, 2007.
    (3) Within 12 months or 300 hours TIS after the effective date 
of this AD, whichever occurs first, replace the blind rivets (part 
number NAS1738E-6-6) that join the rear spar and the aft end of the 
inboard rib with bolts or rivets following Pacific Aerospace Limited 
Mandatory Service Bulletin PACSB/XL/022, dated February 14, 2007.
    (4) At intervals not to exceed 12 months or 300 hours TIS after 
the effective date of this AD, whichever occurs first, after the 
modification required in paragraph (f)(3) of this AD, repetitively 
inspect the main wing aft attachment area following Pacific 
Aerospace Limited Mandatory Service Bulletin PACSB/XL/022, dated 
February 14, 2007. If any cracks are found, prior to further flight, 
repair the main wing aft attachment area.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, ATTN: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Before using any approved AMOC on 
any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et.seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to the Civil Aviation Authority (CAA), which is the 
airworthiness authority for New Zealand AD DCA/750XL/9, dated March 
29, 2007; and Pacific Aerospace Limited Mandatory Service Bulletin 
PACSB/XL/022, dated February 14, 2007, for related information.

    Issued in Kansas City, Missouri, on June 8, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E7-11589 Filed 6-14-07; 8:45 am]
BILLING CODE 4910-13-P