[Federal Register: January 17, 2006 (Volume 71, Number 10)]
[Rules and Regulations]
[Page 2453-2455]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ja06-1]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
[[Page 2453]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-23473; Directorate Identifier 2005-CE-54-AD;
Amendment 39-14451; AD 2005-26-53]
RIN 2120-AA64
Airworthiness Directives; Pacific Aerospace Corporation Ltd.
Model 750XL Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Pacific Aerospace Corporation (PAC) Ltd. Model 750XL airplanes. This AD
contains the same information as emergency AD 2005-26-53 and publishes
the action in the Federal Register. This AD requires you to insert text
into the Limitations Section of the Airplane Flight Manual (AFM) that
reduces the maximum takeoff weight from 7,500 pounds to 7,125 pounds.
This AD results from mandatory continuing airworthiness information
(MCAI) issued by the airworthiness authority for New Zealand. We are
issuing this AD to reduce the maximum takeoff weight that will allow
wing ultimate load requirements to be met. If wing ultimate load
requirements are not met, wing failure could result and subsequent loss
of control of the airplane.
DATES: This AD becomes effective on January 16, 2006, to all affected
persons who did not receive emergency AD 2005-26-53, issued December
22, 2005. Emergency AD 2005-26-53 contained the requirements of this
amendment and became effective immediately upon receipt.
We must receive any comments on this AD by February 14, 2006.
ADDRESSES: Use one of the following to submit comments on this AD:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Fax: 1-202-493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
To get the service information identified in this proposed AD,
contact Pacific Aerospace Corporation Ltd., Hamilton Airport, Private
Bag HN 3027, Hamilton, New Zealand.
To view the comments to this AD, go to http://dms.dot.gov. The
docket number is FAA-2005-23473; Directorate Identifier 2005-CE-54-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 all PAC Ltd. Model
750XL airplanes. The CAA reports that the wings of these airplanes may
not meet the ultimate load requirements for a maximum takeoff weight of
7,500 pounds. PAC found the condition on a production wing during an
ultimate load test. Investigation is not complete, but indications show
that some critical rivets were not fully age-hardened. PAC is
developing a modification that will replace the critical rivets with
``AN'' bolts. In the interim, PAC is reducing the maximum takeoff
weight from 7,500 pounds to 7,125 pounds. The maximum takeoff weight
reduction will allow the airplane to meet the ultimate load
requirements for an airplane certificated in the Normal Category.
The CAA issued emergency New Zealand AD Number DCA/750XL/7, dated
December 22, 2005, to ensure the continued airworthiness of these
airplanes in New Zealand. These PAC Model 750XL airplanes are
manufactured in New Zealand and are type-certificated for operation in
the United States under the provisions of section 21.29 of the Federal
Aviation Regulations (14 CFR 21.29) and the applicable bilateral
airworthiness agreement.
Under this bilateral airworthiness agreement, the CAA of New
Zealand has kept us informed of the situation described above.
On December 22, 2005, FAA issued emergency AD 2005-26-53 to require
incorporating information into the Limitations Section of the Airplane
Flight Manual (AFM) on the affected airplanes that are registered in
the United States. The AFM limitation reduces the maximum takeoff
weight from 7,500 pounds to 7,125 pounds.
Why is it important to publish this AD? The FAA found that
immediate corrective action was required, that notice and opportunity
for prior public comment were impracticable and contrary to the public
interest, and that good cause existed to make the AD effective
immediately by individual letters issued on December 23, 2005, to all
known U.S. operators of PAC Ltd. Model 750XL airplanes. These
conditions still exist, and the AD is published in the Federal Register
as an amendment to section 39.13 of the Federal Aviation Regulations
(14 CFR 39.13) to make it effective to all persons.
Comments Invited
Will I have the opportunity to comment before you issue the rule?
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment; however, we invite you to submit any written relevant data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include the docket number, ``FAA-2005-23473;
Directorate Identifier 2005-CE-54-AD'' at the beginning of your
comments. We will post all comments we receive, without change, to
http://dms.dot.gov, including
[[Page 2454]]
any personal information you provide. We will also post a report
summarizing each substantive verbal contact with FAA personnel
concerning this AD.
Using the search function of our docket Web site, anyone can find
and read the comments received into any of our dockets, including the
name of the individual who sent the comment (or signed the comment on
behalf of an association, business, labor union, etc.). This is docket
number FAA-2005-23473; Directorate Identifier 2005-CE-54-AD. You may
review the DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78) or you may visit http://dms.dot.gov
.
Are there any specific portions of this AD I should pay attention
to? We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. If you contact
us through a nonwritten communication and that contact relates to a
substantive part of this AD, we will summarize the contact and place
the summary in the docket. We will consider all comments received by
the closing date and may amend this AD in light of those comments and
contacts.
Docket Information
Where can I go to view the docket information? You may view the AD
docket that contains the AD, any comments received, and any final
disposition in person at the DMS Docket Offices between 9 a.m. and 5
p.m. (eastern standard time), Monday through Friday, except Federal
holidays. The Docket Office (telephone 1-800-647-5227) is located on
the plaza level of the Department of Transportation NASSIF Building at
the street address stated in ADDRESSES. You may also view the AD docket
on the Internet at http://dms.dot.gov. The comments will be available
in the AD docket shortly after the DMS receives them.
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-2005-23473; Directorate Identifier 2005-CE-54-AD'' in your
request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2005-26-53 Pacific Aerospace Corporation Ltd.: Amendment 39-14451;
Docket No. FAA-2005-23473; Directorate Identifier 2005-CE-54-AD.
When Does This AD Become Effective?
(a) This AD becomes effective on January 16, 2006, to all
affected persons who did not receive emergency AD 2005-26-53, issued
December 22, 2005. Emergency AD 2005-26-53 contained the
requirements of this amendment and became effective immediately upon
receipt.
Are Any Other ADs Affected by This Action?
(b) None.
What Airplanes Are Affected by This AD?
(c) This AD affects Model 750XL airplanes, all serial numbers,
that are certificated in any category.
What Is the Unsafe Condition Presented in This AD?
(d) This AD is the result of mandatory continuing airworthiness
information (MCAI) issued by the airworthiness authority for New
Zealand. We are issuing this AD to reduce the maximum takeoff weight
that will allow wing ultimate load requirements to be met. If wing
ultimate load requirements are not met, wing failure could result
and subsequent 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
------------------------------------------------------------------------
Insert the following Prior to further The owner/operator
information into the flight after holding at least a
Limitations Section of the January 16, 2006 private pilot
Airplane Flight Manual (the effective date certificate as
(AFM). You may do this by of this AD), except authorized by
inserting a copy of this AD for those who section 43.7 of the
into the Limitations received emergency Federal Aviation
Section of the AFM. AD 2005-26-53, Regulations (14 CFR
``The maximum takeoff weight issued December 22, 43.7) may do the
is reduced from 7,500 2005, unless flight manual
pounds to 7,125 pounds.'' already done. changes requirement
Emergency AD 2005- of this AD. Make an
26-53 contained the entry in the
requirements of aircraft records
this amendment and showing compliance
became effective with this portion
immediately upon of the AD following
receipt. section 43.9 of the
Federal Aviation
Regulations (14 CFR
43.9).
------------------------------------------------------------------------
[[Page 2455]]
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) Civil Aviation Authority airworthiness directive DCA/750XL/
7, dated December 22, 2005, also addresses the subject of this AD.
Issued in Kansas City, Missouri, on January 5, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-260 Filed 1-13-06; 8:45 am]
BILLING CODE 4910-13-P