[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Proposed Rules]
[Pages 44722-44724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18144]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0516; Directorate Identifier 2014-CE-021-AD]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Pacific Aerospace Limited Model 750XL airplanes that would supersede AD 
2014-04-03. 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 broken 
control column attachment bolts failing in service. We are issuing this 
proposed AD to require actions to address the unsafe condition on these 
products.

DATES: We must receive comments on this proposed AD by September 15, 
2014.

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.
    For service information identified in this proposed AD, contact 
Pacific Aerospace Limited, Hamilton Airport, Private Bag 3027 Hamilton 
3240, New Zealand; telephone: +64 7 843 6144; fax: +64 7 843 6134; 
email: [email protected]; Internet: http://www.aerospace.co.nz/. 
You may review copies of the referenced service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the

[[Page 44723]]

availability of this material at the FAA, call (816) 329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0516; 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) 329-4123; fax: (816) 329-4090; email: 
[email protected].

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-2014-0516; 
Directorate Identifier 2014-CE-021-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://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

    On February 10, 2014, we issued AD 2014-04-03, Amendment 39-17761 
(79 FR 10344, February 25, 2014). That AD required actions intended to 
address an unsafe condition on all Pacific Aerospace Limited Model 
750XL airplanes and was based on mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country.
    Since we issued AD 2014-04-03, Amendment 39-17761 (79 FR 10344, 
February 25, 2014), Pacific Aerospace Limited revised the related 
service information.
    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for New Zealand, has issued AD DCA/750XL/15A, dated June 26, 
2014 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI 
states:

    DCA/750XL/15A revised to mandate the embodiment of modification 
PAC/XL/0627 to the control column attachment per the instructions in 
Pacific Aerospace Limited Service Bulletin (SB) PACSB/XL/070 issue 
2, dated 3 June 2014.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2014-0516.

Relevant Service Information

    Pacific Aerospace Limited has issued Service Bulletin PACSB/XL/070, 
Issue 2, dated June 3, 2014. 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.

Costs of Compliance

    We estimate that this proposed AD will affect 17 products of U.S. 
registry. We also estimate that it would take about 6 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $200 per product.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $12,070, or $710 per product.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.
    The cost difference between AD 2014-04-03, Amendment 39-17761 (79 
FR 10344, February 25, 2014), and this proposed AD is the increase in 
work-hours from 1.5 to 6 and the increase in cost for parts from $100 
to $200, for an overall cost difference on U.S. operators to be 
$8,202.50, or $482.50 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 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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:

[[Page 44724]]

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. Amend Sec.  39.13 by removing Amendment 39-17761 (79 FR 10344, 
February 25, 2014), and adding the following new AD:

Pacific Aerospace Limited: Docket No. FAA-2014-0516; Directorate 
Identifier 2014-CE-021-AD.

(a) Comments Due Date

    We must receive comments by September 15, 2014.

(b) Affected ADs

    This AD supersedes AD 2014-04-03, Amendment 39-17761 (79 FR 
10344, February 25, 2014).

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

(e) Reason

    This AD was prompted from mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as control column 
attachment bolts failing in service. We are issuing this AD to 
prevent failure of the control column attachment bolt, which could 
result in control column detachment and cause loss of control.

 (f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) and (f)(2) of this AD:
    (1) As of February 24, 2014 (the effective date of AD 2014-04-
03, Amendment 39-17761 (79 FR 10344, February 25, 2014)), if the 
left hand and the right hand control column attachment bolts have 
been replaced following the ACCOMPLISHMENT INSTRUCTIONS in Pacific 
Aerospace Limited Mandatory Service Bulletin PACSB/XL/070, Issue 1, 
dated January 24, 2014, then within the next 150 hours time-in-
service (TIS) after the effective date of this AD, replace the left 
hand and the right hand control column attachment bolts following 
the ACCOMPLISHMENT INSTRUCTIONS in Pacific Aerospace Limited 
Mandatory Service Bulletin PACSB/XL/070, Issue 2, dated June 3, 
2014.
    (2) As of February 24, 2014 (the effective date of AD 2014-04-
03, Amendment 39-17761 (79 FR 10344, February 25, 2014)), if the 
left hand and the right hand control column attachment bolts have 
not been replaced following the ACCOMPLISHMENT INSTRUCTIONS in 
Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/070, 
Issue 1, dated January 24, 2014, then within the next 10 hours TIS 
after the effective date of this AD, replace the left hand and the 
right hand control column attachment bolts following the 
ACCOMPLISHMENT INSTRUCTIONS in Pacific Aerospace Limited Mandatory 
Service Bulletin PACSB/XL/070, Issue 2, dated June 3, 2014.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs):
    (i) 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) 329-4123; 
fax: (816) 329-4090; email: [email protected].
    (ii) AMOCS approved for AD 2014-04-03, Amendment 39-17761 (79 FR 
10344, February 25, 2014) are not approved as AMOCs for this AD.
    (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.

(h) Related Information

    Refer to MCAI Civil Aviation Authority (CAA) AD DCA/750XL/15A, 
dated June 26, 2014, for related information. You may examine the 
MCAI on the Internet at http://www.regulations.gov by searching for 
and locating Docket No. FAA-2014-0516. For service information 
related to this AD, contact Pacific Aerospace Limited, Hamilton 
Airport, Private Bag 3027 Hamilton 3240, New Zealand; telephone: +64 
7 843 6144; fax: +64 7 843 6134; email: [email protected]; 
Internet: http://www.aerospace.co.nz/. You may review copies of the 
referenced service information at the FAA, Small Airplane 
Directorate, 901 Locust, Kansas City, Missouri 64106. For 
information on the availability of this material at the FAA, call 
(816) 329-4148.

    Issued in Kansas City, Missouri, on July 28, 2014.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-18144 Filed 7-31-14; 8:45 am]
BILLING CODE 4910-13-P