[Federal Register: February 5, 2008 (Volume 73, Number 24)]
[Proposed Rules]
[Page 6636-6638]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe08-26]
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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