FR Doc 05-23260

[Federal Register: November 29, 2005 (Volume 70, Number 228)]
[Rules and Regulations]
[Page 71381-71383]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no05-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21935; Directorate Identifier 2005-CE-37-AD;
Amendment 39-14387; AD 2005-24-07]
RIN 2120-AA64

Airworthiness Directives; Pacific Aerospace Corporation Ltd.
Model 750XL Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for certain
Pacific Aerospace Corporation Ltd Model 750XL airplanes. This AD
requires you to inspect the condition of the left and right outer panel
attachment lugs for damage (scoring and gouging) and/or cracks (using a
fluorescent penetrant inspection procedure for the crack inspection);
to inspect the spacing of left and right outer panel attachment lugs;
to replace the lugs if damage is found; and to make necessary
corrections to the spacing. This AD results from mandatory continuing
airworthiness information (MCAI) issued by the airworthiness authority
for New Zealand. We are issuing this AD to prevent structural failure
of the outer panel and spar due to a cracked, bent, or distorted
condition of the left and right outer panel attachment lugs; and
incorrect spacing of the left and right outer panel attachment lugs.
This failure could lead to loss of control of the airplane.

DATES: This AD becomes effective on December 29, 2005.
As of December 29, 2005, the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in the regulation.

ADDRESSES: To get the service information identified in this AD,
contact Pacific Aerospace Corporation Ltd., Hamilton Airport, Private
Bag HN 3027, Hamilton, New Zealand; telephone: (64) 7-843-6144;
facsimile: (64) 7-843-6134.
To view the AD docket, go to the Docket Management Facility; U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC 20590-001 or on the Internet at http://www.dms.dot.gov.
The docket number is FAA-2005-21935; Directorate

Identifier 2005-CE-37-AD.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; facsimile: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

What events have caused this AD? The Civil Aviation Authority
(CAA), which is the airworthiness authority for New Zealand, recently
notified FAA that an unsafe condition may exist on certain Pacific
Aerospace Corporation Ltd Model 750XL airplanes. The CAA reports the
attachment lug spacers are incorrectly sized and cause the lugs to
distort when the attachment bolt is tightened. Also, outer wing
attachment lugs were used to secure the spar in the wing build jig
without spacers. This

[[Page 71382]]

may have bent the clevis legs outward. These two problems may cause
cracking and/or degradation of fatigue life.
What is the potential impact if FAA took no action? A cracked,
bent, or distorted condition of the left and right outer panel
attachment lugs and incorrect spacing of the left and right outer panel
attachment lugs could result in structural failure. This failure could
lead to loss of control of the airplane.
Has FAA taken any action to this point? We issued a proposal to
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to
include an AD that would apply to certain Pacific Aerospace Corporation
Ltd Model 750XL airplanes. This proposal was published in the Federal
Register as a notice of proposed rulemaking (NPRM) on August 19, 2005
(70 FR 48657). The NPRM proposed to require you to inspect the
condition and spacing of the left and right outer panel attachment
lugs; replace the lugs if damage is found; and make any necessary
corrections to the spacing.

Comments

Was the public invited to comment? We provided the public the
opportunity to participate in developing this AD. We received no
comments on the proposal or on the determination of the cost to the
public.

Conclusion

What is FAA's final determination on this issue? We have carefully
reviewed the available data and determined that air safety and the
public interest require adopting the AD as proposed except for minor
editorial corrections. We have determined that these minor corrections:
--Are consistent with the intent that was proposed in the NPRM for
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already
proposed in the NPRM.

Changes to 14 CFR Part 39--Effect on the AD

How does the revision to 14 CFR part 39 affect this AD? On July 10,
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997,
July 22, 2002), which governs the FAA's AD system. This regulation now
includes material that relates to altered products, special flight
permits, and alternative methods of compliance. This material
previously was included in each individual AD. Since this material is
included in 14 CFR part 39, we will not include it in future AD
actions.

Costs of Compliance

How many airplanes does this AD impact? We estimate that this AD
affects 4 airplanes in the U.S. registry.
What would be the cost impact of this AD on owners/operators of the
affected airplanes? We estimate the following costs to do this proposed
inspection:

----------------------------------------------------------------------------------------------------------------
Total cost per Total cost on
Labor cost airplane U.S. operators
----------------------------------------------------------------------------------------------------------------
6 workhours x $65 = $390...................................................... $390 $1,560
----------------------------------------------------------------------------------------------------------------

We estimate the following costs to do any necessary replacements
that would be required based on the results of this inspection. We have
no way of determining the number of airplanes that may need this
replacement:

------------------------------------------------------------------------
Total cost per
Labor cost Parts cost airplane
------------------------------------------------------------------------
16 workhours x $65 = $1,040.... Pacific Aerospace $1,040
Corporation Ltd. will
provide warranty
credit for
replacement costs.
------------------------------------------------------------------------

Authority for this Rulemaking

What authority does FAA have for issuing this rulemaking action?
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 AD.

Regulatory Findings

Will this AD impact various entities? We have 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.
Will this AD involve a significant rule or regulatory action? For
the reasons discussed above, I certify that this AD:
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 summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2005-21935; Directorate Identifier 2005-CE-37-AD'' in your
request.

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 Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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.

[[Page 71383]]

Sec. 39.13 [Amended]

0
2. FAA amends Sec. 39.13 by adding a new AD to read as follows:

2005-24-07 Pacific Aerospace Corporation Ltd.: Amendment 39-14387;
Docket No. FAA-2005-21935; Directorate Identifier 2005-CE-37-AD.

When Does This AD Become Effective?

(a) This AD becomes effective on December 29, 2005.

What Other ADs Are Affected by This Action?

(b) None.

What Airplanes Are Affected by This AD?

What Is the Unsafe Condition Presented in This AD?

(d) This AD is the result of incorrect sizing of the attachment
lug spacers causing the lugs to distort when the attachment bolt is
tightened. Also, outer wing attachment lugs were used to secure the
spar in the wing build jig without spacers. This may have bent the
clevis legs outward. These two problems may cause cracking and/or
degradation of fatigue life. The actions specified in this AD are
intended to prevent structural failure of the outer panel and spar
due to a cracked, bent, or distorted condition of the left and right
outer panel attachment lugs; and incorrect spacing of the left and
right outer panel attachment lugs. This failure could lead to loss
of control of the airplane.

What Must I Do To Address This Problem?

(e) To address this problem, you must do the following:

------------------------------------------------------------------------
Actions Compliance Procedures
------------------------------------------------------------------------
(1) Inspect the left and Upon accumulating Follow Pacific
right outer panel, paired 300 hours time-in- Aerospace
center wing lugs, and the service (TIS) or Corporation Ltd.
outer panel single lugs for within 50 hours TIS Mandatory Service
damage (scoring or gouging). after December 29, Bulletin PACSB/XL/
2005 (the effective 015, Issue 3,
date of this AD), amended April 8,
whichever occurs 2005.
later.
(2) Inspect the left and Upon accumulating Follow Pacific
right outer panel, paired 300 hours TIS or Aerospace
center wing lugs, and the within 50 hours TIS Corporation Ltd.
outer panel single lugs for after December 29, Mandatory Service
cracks. You must use a 2005 (the effective Bulletin PACSB/XL/
fluorescent penetrant date of this AD), 015, Issue 3,
inspection procedure whichever occurs amended April 8,
instead of the dye later. 2005.
penetrant inspection
procedure stated in the
service information.
(3) If any damage and/or Prior to further Follow Pacific
cracks are found during the flight, after any Aerospace
inspections required in inspection where Corporation Ltd.
paragraph (e)(1) and (e)(2) damage and/or Mandatory Service
of this AD, you must cracks are found. Bulletin PACSB/XL/
replace the lugs. 015, Issue 3,
amended April 8,
2005.
(4) Inspect the left and Inspect upon Follow Pacific
right wing paired lugs for accumulating 300 Aerospace
parallel spacing within hours TIS or within Corporation Ltd.
0.010 inches. If the paired 50 hours TIS after Mandatory Service
lugs are not parallel December 29, 2005 Bulletin PACSB/XL/
within 0.010 inches, reshim (the effective date 015, Issue 3,
outer wing attachment of this AD), amended April 8,
points and correct spacing. whichever occurs 2005.
later. Correct
spacing and reshim
prior to further
flight after the
inspection.
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

(f) You may request a different method of compliance or a
different compliance time for this AD by following the procedures in
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to
your principal inspector. The principal inspector may add comments
and will send your request to the Manager, Standards Office, Small
Airplane Directorate, FAA. For information on any already approved
alternative methods of compliance, contact Karl Schletzbaum,
Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4146;
facsimile: (816) 329-4090.

Is There Other Information That Relates to This Subject?

(g) CAA Airworthiness Directive DCA/750XL/5, dated April 28,
2005; and Pacific Aerospace Corporation Ltd. Mandatory Service
Bulletin PACSB/XL/015, Issue 3, amended April 8, 2005 also address
the subject of this AD.

Does This AD Incorporate Any Material by Reference?

(h) You must do the actions required by this AD following the
instructions in Pacific Aerospace Corporation Ltd. Mandatory Service
Bulletin PACSB/XL/015, Issue 3, amended April 8, 2005. The Director
of the Federal Register approved the incorporation by reference of
this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. To get a copy of this service information, contact Pacific
Aerospace Corporation Ltd., Hamilton Airport, Private Bag HN 3027,
Hamilton, New Zealand; telephone: (64) 7-843-6144; facsimile: (64)
7-843-6134. To review copies of this service information, go to the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
or call (202) 741-6030. To view the AD docket,

go to the Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-
401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov.
The docket number is FAA-2005-21935; Directorate

Identifier 2005-CE-37-AD.

Issued in Kansas City, Missouri, on November 17, 2005.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-23260 Filed 11-28-05; 8:45 am]

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