[Federal Register Volume 72, Number 161 (Tuesday, August 21, 2007)]
[Rules and Regulations]
[Pages 46541-46542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15978]



[[Page 46541]]

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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; 
Amendment 39-15161; AD 2007-17-03]
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 damage to the rear spar due to working and failing 
rivets between the rear spar and the inboard rib * * *

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

DATES: This AD becomes effective September 25, 2007.
    On September 25, 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 June 15, 2007 (72 FR 
33166). That NPRM proposed 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 replacing rear spar blind rivets with 
bolts or rivets.

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 40 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 $200 per product.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $23,800 or $3,400 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:
    (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:

[[Page 46542]]

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:

2007-17-03 Pacific Aerospace Corporation, Ltd.: Amendment 39-15161; 
Docket No. FAA-2007-27864; Directorate Identifier 2007-CE-038-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 25, 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.

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 replacing the rear spar 
blind rivets with bolts or rivets.

Actions and Compliance

    (f) Unless already done, do the following actions in accordance 
with Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/
022, dated February 14, 2007:
    (1) Within 50 hours time-in-service (TIS) after September 25, 
2007 (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.
    (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.
    (3) Within the next 12 months after September 25, 2007 (the 
effective date of this AD) or within the next 300 hours TIS after 
September 25, 2007 (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.
    (4) After the modification required in paragraph (f)(3) of this 
AD, repetitively inspect the main wing aft attachment area at 
intervals not to exceed 12 months or 300 hours TIS, whichever occurs 
first. 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.

Material Incorporated by Reference

    You must use Pacific Aerospace Limited Mandatory Service 
Bulletin PACSB/XL/022, dated February 14, 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 Limited, Hamilton Airport, Private Bag, 3027 
Hamilton, New Zealand; telephone: +64 7-843-6144; facsimile: +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 August 8, 2007.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-15978 Filed 8-20-07; 8:45 am]
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