[Federal Register Volume 72, Number 133 (Thursday, July 12, 2007)]
[Rules and Regulations]
[Pages 37997-37998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13242]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27863 Directorate Identifier 2007-CE-037-AD; 
Amendment 39-15126; AD 2007-14-04]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Corporation, Ltd 
Model 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) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued 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 the rudder trim tab upper pivot hole in the rudder 
rib flogging out, which may lead to aerodynamic flutter and possible 
loss of aircraft control * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective August 16, 2007.
    On August 16, 2007, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at Document 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.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on May 18, 2007 (72 FR 
28003). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    To prevent the rudder trim tab upper pivot hole in the rudder 
rib flogging out, which may lead to aerodynamic flutter and possible 
loss of aircraft control * * *

To correct the unsafe condition, you must inspect the rudder trim tab 
upper pivot for any lateral movement of the bush. If you find any 
lateral movement of the bush, install modification PAC/XL/0267.

Comments

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

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This 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 required 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 AD.

Costs of Compliance

    We estimate that this AD will affect 7 products of U.S. registry. 
We also estimate that it will take about 16 work-hours per product to 
comply with basic requirements of this AD. The average labor rate is 
$80 per work-hour. Required parts will cost about $1,000 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 parts. 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 this AD to the U.S. 
operators to be $15,960 or $2,280 per product.

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 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 this AD:

[[Page 37998]]

    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD Docket.

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 the NPRM, 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.

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 FAA amends 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 AD:

2007-14-04 Pacific Aerospace Corporation, Ltd: Amendment 39-15126; 
Docket No. FAA-2007-27863; Directorate Identifier 2007-CE-037-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
16, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 750XL airplanes, all serial 
numbers, that are:
    (1) Not fitted with modification PAC/XL/0267 (upper bearing part 
number (P/N) 11-33121-1); and
    (2) certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 55: 
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    To prevent the rudder trim tab upper pivot hole in the rudder 
rib flogging out, which may lead to aerodynamic flutter and possible 
loss of aircraft control * * *

To correct the unsafe condition, you must inspect the rudder trim 
tab upper pivot for any lateral movement of the bush. If you find 
any lateral movement of the bush, install modification PAC/XL/0267.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 150 hours time-in-service (TIS) after August 
16, 2007 (the effective date of this AD) and thereafter at intervals 
not to exceed 150 hours TIS, inspect the rudder trim tab upper pivot 
following the instructions in Pacific Aerospace Limited Mandatory 
Service Bulletin PACSB/XL/023, dated February 15, 2007.
    (i) If there is any lateral movement of the bush found in any 
inspection required in paragraph (f)(1) of this AD, before further 
flight, install modification PAC/XL/0267 following Pacific Aerospace 
Limited Mandatory Service Bulletin PACSB/XL/023, dated February 15, 
2007; and Pacific Aerospace Ltd Drawing No. 11-03131, Drawing 
Approved Date: February 17, 2007.
    (ii) Modification PAC/XL/0267 comprises removing the upper bush 
P/N 11-33119-1 and installing upper bearing P/N 11-33121-1 following 
Pacific Aerospace Ltd Drawing No. 11-03131, Drawing Approved Date: 
February 17, 2007. Modification PAC/XL/0267 is a terminating action 
to the requirements of this AD.
    (2) Within the next 450 hours TIS after August 16, 2007 (the 
effective date of this AD) or within the next 24 months after August 
16, 2007 (the effective date of this AD), whichever occurs first, 
modify the rudder trim tab upper pivot with modification PAC/XL/0267 
following Pacific Aerospace Limited Mandatory Service Bulletin 
PACSB/XL/023, dated February 15, 2007; and Pacific Aerospace Ltd 
Drawing No. 11-03131, Drawing Approved Date: February 17, 2007.

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, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to 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. 
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 MCAI Civil Aviation Authority of New Zealand AD 
DCA/750XL/11, dated March 29, 2007; Pacific Aerospace Limited 
Mandatory Service Bulletin PACSB/XL/023, dated February 15, 2007; 
and Pacific Aerospace Ltd Drawing No. 11-03131, Drawing Approved 
Date: February 17, 2007, for related information.

Material Incorporated by Reference

    (i) You must use Pacific Aerospace Limited Mandatory Service 
Bulletin PACSB/XL/023, dated February 15, 2007; and Pacific 
Aerospace Ltd Drawing No. 11-03131, Drawing Approved Date: February 
17, 2007, to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Pacific Aerospace Corporation Ltd., Hamilton Airport, Private Bag HN 
3027, Hamilton, New Zealand; telephone: 011 (64) 7-843-6144; fax: 
011 (64) 7-843-6134.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on June 29, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E7-13242 Filed 7-11-07; 8:45 am]
BILLING CODE 4910-13-P