[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Proposed Rules]
[Pages 21489-21491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08261]



[[Page 21489]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5578; Directorate Identifier 2016-CE-005-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).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Pacific Aerospace Limited Model 750XL (type certificate 
previously held by Pacific Aerospace Corporation Ltd.) airplanes that 
would supersede AD 2006-13-05. 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 some critical rivets on the wing not being fully age-
hardened and being installed in specific locations where reduction in 
rivet strength reduces wing strength. 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 May 27, 2016.

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, Airport Road, Hamilton, Private Bag 3027, 
Hamilton 3240, New Zealand; telephone: +64 7 843 6144; facsimile: +64 7 
843 6134; email: [email protected]; Internet: 
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.

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-2016-
5578; 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-2016-5578; 
Directorate Identifier 2016-CE-005-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 June 12, 2006, we issued AD 2006-13-05, Amendment 39-14658 (71 
FR 35509, June 21, 2006) (``AD 2006-13-05''). That AD required actions 
intended to address an unsafe condition on certain Pacific Aerospace 
Corporation Ltd. Model 750XL airplanes and was based on mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country.
    Since we issued AD 2006-13-05, additional airplanes have been 
identified that need to be added to the applicability of the AD.
    The Civil Aviation Authority (CAA), which is the aviation authority 
for New Zealand, has issued AD No. DCA/750XL/7B, dated February 25, 
2016 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    DCA/750XL/7B revised to introduce PACSB/XL/018 issue 4, dated 20 
January 2016, which reduces the applicability to S/N 101 through to 
131 with no change to the requirements. Aircraft with S/N 132 
onwards have been modified in accordance with PACSB/XL/018 at 
manufacture, which is a terminating action for the requirements of 
this AD.

This proposed AD would require you to remove rivets that have not been 
fully age hardened and replace them with bolts, washers, and nuts in 
specific locations where reduction in rivet strength affects overall 
structural capability. The proposed AD would retain the airplane weight 
AFM limitations until the rivets are replaced with the bolts, washers, 
and nuts. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5578.

Related Service Information Under 1 CFR Part 51

    Pacific Aerospace Limited has issued Service Bulletin PACSB/XL/018, 
Issue 4, dated January 20, 2016. The service bulletin describes 
procedures for removing rivets (part number (P/N) MS20470 DD6) and 
installing bolts (P/N NAS 6203-7X or NAS 6203-6X), washers (P/N AN960-
10), and nuts (P/N MS21044N3) in place of the rivets to restore 
airplane to full take-off weight of 7,500 pounds. The service bulletin 
is reasonably available because the interested parties have access to 
it through their normal course of business or by the means identified 
in the ADDRESSES section of this NPRM.

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

[[Page 21490]]

develop on other products of the same type design.

Costs of Compliance

    We estimate that this proposed AD will affect 9 products of U.S. 
registry. We also estimate that it would take about 32 work-hours per 
product to comply with the replacement requirements of this proposed 
AD. The average labor rate is $85 per work-hour. Required parts would 
cost about $519 per product.
    Based on these figures, we estimate the cost of this proposed AD on 
U.S. operators to be $29,151, or $3,239 per product.
    AD 2006-13-05 affected 8 of the 9 U.S. registered airplanes 
reflected in the above cost information. This proposed AD would only 
increase the cost already required by AD 2006-13-05 by one additional 
airplane. The FAA has a report that the additional airplane is already 
in compliance, thus the proposed AD would impose no additional cost 
impact on U.S. operators.

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:

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 removing Amendment 39-14658 (71 FR 
35509, June 21, 2006), and adding the following new AD:

Pacific Aerospace Limited: Docket No. FAA-2016-5578; Directorate 
Identifier 2016-CE-005-AD.

(a) Comments Due Date

    We must receive comments by May 27, 2016.

(b) Affected ADs

    This AD replaces AD 2006-13-05, Amendment 39-14658 (71 FR 35509, 
June 21, 2006) (``AD 2006-13-05'').

(c) Applicability

    This AD applies to the following Pacific Aerospace Limited Model 
750XL airplanes (type certificate previously held by Pacific 
Aerospace Corporation Ltd.), that are certificated in any category.
    (1) Airplanes previously affected by AD 2006-13-05: Serial 
numbers 101, 102, 104 through 120, and 125.
    (2) Airplanes new to this AD: Serial numbers 103, 121, 122, 123, 
124, and 126 to 131.

(d) Subject

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

(e) Reason

    This 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 some critical 
rivets on the wing not being fully age-hardened and being installed 
in specific locations where reduction in rivet strength reduces wing 
strength. We are issuing this AD to add airplanes to the 
Applicability section, paragraph (c) of this AD, and to ensure wing 
ultimate load requirements are met. If wing ultimate load 
requirements are not met, wing failure could result with consequent 
loss of control.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Insert the following information into the Limitations 
section of the airplane flight manual (AFM) at the compliance time 
specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD. You may 
do this by inserting a copy of this AD into the Limitations section 
of the AFM: ``The maximum takeoff weight is reduced from 7,500 
pounds to 7,125 pounds.'' The owner/operator holding at least a 
private pilot certificate as authorized by section 43.7 of the 
Federal Aviation Regulations (14 CFR 43.7) may do the flight manual 
changes requirement of this AD. Make an entry in the aircraft 
records showing compliance with this portion of the AD following 
section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
    (i) For airplanes previously affected by AD 2006-13-05: Before 
further flight after January 16, 2006 (the effective date retained 
from AD 2005-26-53, Amendment 39-14451 (71 FR 2453, January 17, 
2006), which was replaced by AD 2006-13-05).
    (ii) For airplanes new to this AD: Before further flight after 
the effective date of this AD.
    (2) Remove rivets, part number (P/N) MS20470 DD6, on the main 
spar web and replace with bolts, P/N NAS 6203-6X or -7X, as 
indicated for the position, assembled with washers, P/N AN960-10, 
and nut, P/N MS21044N3, at the compliance time specified in 
paragraphs (f)(2)(i) and (f)(2)(ii) of this AD.
    (i) For airplanes previously affected by AD 2006-13-05: Within 
the next 100 hours time-in-service (TIS) after July 31, 2006 (the 
effective date retained from AD 2006-13-05). Do the removal and 
replacement actions following Pacific Aerospace Corporation Ltd. 
Service Bulletin PACSB/XL/018, Issue 3, dated December 23, 2005, and 
amended January 16, 2006.
    (ii) For airplanes new to this AD: Within the next 100 hours TIS 
after the effective date of this AD or within the next 12 months 
after the effective date of this AD, whichever occurs first. Do the 
removal and replacement actions following Pacific Aerospace Limited 
Service Bulletin PACSB/XL/018, Issue 4, dated January 20, 2016.
    (3) For all affected airplanes: Before further flight after 
doing the action required in paragraph (f)(2) of this AD, remove the 
restrictive information from the Limitations section of the AFM that 
you were required to insert in paragraph (f)(1) of this AD. The 
owner/operator holding at least a private pilot certificate as 
authorized by section 43.7 of the Federal Aviation Regulations (14 
CFR 43.7) may do the flight manual changes requirement of this AD.

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(g) Other FAA AD Provisions

    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) 329-4123; fax: (816) 329-4090; 
email: [email protected]. 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.

(h) Related Information

    Refer to MCAI Civil Aviation Authority (CAA) AD No. DCA/750XL/
7B, dated February 25, 2016, for related information. You may 
examine the MCAI on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2016-5578. For service 
information related to this AD, contact Pacific Aerospace Limited, 
Airport Road, Hamilton, Private Bag 3027, Hamilton 3240, New 
Zealand; telephone: +64 7 843 6144; facsimile: +64 7 843 6134; 
email: [email protected]; Internet: 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 April 4, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-08261 Filed 4-11-16; 8:45 am]
 BILLING CODE 4910-13-P