[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Proposed Rules]
[Pages 6636-6638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2046]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0136; Directorate Identifier 2007-CE-104-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 \1/8\-inch rivets installed in place of the correct \5/
32\-inch rivets that secure the horizontal tail surface load transfer 
angles to the rearmost fuselage frame at Station 384.62 (Corrected from 
369.62 per notification from the Civil Aviation Authority of New 
Zealand). 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 March 6, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.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

[[Page 6637]]

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 ADDRESSES section. Include ``Docket No. FAA-2008-0136; 
Directorate Identifier 2007-CE-104-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://www.regulations.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 airworthiness 
authority for New Zealand, has issued AD DCA/750XL/4, effective date: 
September 30, 2004 (referred to after this as ``the MCAI''), to correct 
an unsafe condition for the specified products. The MCAI describes the 
unsafe condition as \1/8\-inch rivets installed in place of the correct 
\5/32\-inch rivets that secure the horizontal tail surface load 
transfer angles to the rearmost fuselage frame at Station 384.62 
(Corrected from 369.62 per notification from the Civil Aviation 
Authority of New Zealand). The MCAI requires you to inspect for the 
correct size rivets and if the wrong size rivets are installed, replace 
the rivets with the correct size rivets.
    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Pacific Aerospace Corporation Limited has issued Mandatory Service 
Bulletin No. PACSB/XL/010, dated: July 23, 2004. 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.

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 .5 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $280, or $40 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 2 work-hours and require parts costing $10, for a cost of 
$170 per product. 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-2008-0136; Directorate 
Identifier 2007-CE-104-AD.

Comments Due Date

    (a) We must receive comments by March 6, 2008.

Affected ADs

    (b) None.

[[Page 6638]]

Applicability

    (c) This AD applies to 750XL airplanes, serial numbers 101 
through 108, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 51: 
Structures.

Reason

    (e) The MCAI describes the unsafe condition as \1/8\-inch rivets 
installed in place of the correct \5/32\-inch rivets that secure the 
horizontal tail surface load transfer angles to the rearmost 
fuselage frame at Station 384.62 (Corrected from 369.62 per 
notification from the Civil Aviation Authority of New Zealand). The 
MCAI requires you to inspect for the correct size rivets and if the 
wrong size rivets are installed, replace the rivets with the correct 
size rivets.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 100 hours time-in-service (TIS) after the effective 
date of this AD, inspect to ensure that \1/8\-inch rivets are not 
installed in place of the correct \5/32\-inch rivets that secure the 
horizontal tail surface load transfer angles to the rearmost 
fuselage frame at Station 384.62 following Pacific Aerospace 
Corporation Limited Mandatory Service Bulletin No. PACSB/XL/010, 
dated: July 23, 2004.
    (2) Before further flight, if you find undersized rivets are 
installed as a result of the inspection required by paragraph (f)(1) 
of this AD, replace the undersized rivets with the correct \5/32\-
inch rivets following Pacific Aerospace Corporation Limited Service 
Mandatory Bulletin No. PACSB/XL/010, dated: July 23, 2004.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: An official of The New Zealand Civil Aviation Authority 
confirms that the MCAI should reference Station 384.62.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, 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/4, effective date: September 30, 2004; and Pacific 
Aerospace Corporation Limited Mandatory Service Bulletin No. PACSB/
XL/010, dated: July 23, 2004, for related information.

    Issued in Kansas City, Missouri, on January 29, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-2046 Filed 2-4-08; 8:45 am]
BILLING CODE 4910-13-P