[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Rules and Regulations]
[Pages 22316-22319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9429]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0379; Directorate Identifier 2011-CE-007-AD;
Amendment 39-16670; AD 2011-09-08]
RIN 2120-AA64
Airworthiness Directives; Pacific Aerospace Limited Model 750XL
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results 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:
This AD is prompted by a report from the manufacturer of finding
cracks in rudder pedal assemblies at the quadrant attachment weld on
early 750 XL aircraft.
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective May 2, 2011.
On May 2, 2011, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.
We must receive comments on this AD by June 6, 2011.
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
[[Page 22317]]
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 AD, contact Pacific
Aerospace Limited, Hamilton Airport, Private Bag 3027 Hamilton 3240,
New Zealand; telephone: +64 7 843 6144; fax: +64 7 843 6134; e-mail:
[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.
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 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) 329-4146; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for New Zealand, has issued AD DCA/750XL/14, dated March 31,
2011, (referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
This AD is prompted by a report from the manufacturer of finding
cracks in rudder pedal assemblies at the quadrant attachment weld on
early 750 XL aircraft.
The MCAI requires inspecting the left-hand and right-hand rudder pedal
assemblies for cracks and incorporating a modification repair scheme if
any cracks are found. You may obtain further information by examining
the MCAI in the AD docket.
Relevant Service Information
Pacific Aerospace Limited has issued Mandatory Service Bulletin
PACSB/XL/050, Issue 1, dated December 15, 2010. 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 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 issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
Differences Between This 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.
We might have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
cracks in the rudder pedal assemblies could cause the rudder pedal
assembly to fail, which could result in loss of control. Therefore, we
determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2011-0379; Directorate
Identifier 2011-CE-007-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 AD.
Costs of Compliance
We estimate that this AD will affect 15 products of U.S. registry.
We also estimate that it would take about 4 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts would cost about $1,269 per
product.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $24,135 or $1,609 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 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.
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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
[[Page 22318]]
(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 AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 AD:
2011-09-08 Pacific Aerospace Limited: Amendment 39-16670; Docket No.
FAA-2011-0379; Directorate Identifier 2011-CE-007-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 2,
2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Pacific Aerospace Limited Model 750XL
airplanes, all serial numbers through 111, certificated in any
category.
Subject
(d) Air Transport Association of America (ATA) Code 27: Flight
Controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
This AD is prompted by a report from the manufacturer of finding
cracks in rudder pedal assemblies at the quadrant attachment weld on
early 750 XL aircraft.
The MCAI requires inspecting the left-hand (LH) and right-hand (RH)
rudder pedal assemblies for cracks and incorporating a modification
repair scheme if any cracks are found. You may obtain further
information by examining the MCAI in the AD docket.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Inspect the quadrant welds in the LH rudder pedal assembly,
part number (P/N) 11-45711-1, and the RH rudder pedal assembly, P/N
11-45713-1, for cracks at the following times following Pacific
Aerospace Limited Mandatory Service Bulletin PACSB/XL/050, Issue 1,
dated December 15, 2010:
(i) Initially before further flight after the effective date of
this AD.
(ii) Repetitively thereafter at intervals not to exceed 300
hours time-in-service (TIS) until the modification repair scheme
required in paragraph (f)(2) of this AD is incorporated.
(2) Incorporate modification repair scheme Pacific Aerospace
Drawing Number 11-03221/22, dated December 3, 2010, as specified in
Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/050,
Issue 1, dated December 15, 2010, at the following time:
(i) Before further flight after any inspection required in
paragraphs (f)(1)(i) or (f)(1)(ii) of this AD if any cracks are
found.
(ii) Within the next 1,200 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, if no cracks are found during any
inspection required in paragraphs (f)(1)(i) or (f)(1)(ii) of this
AD. Incorporating modification repair scheme Pacific Aerospace
Drawing Number 11-03221/22, dated December 3, 2010, terminates the
repetitive inspections required in paragraph (f)(1)(ii) of this AD.
(3) You may incorporate modification repair scheme Pacific
Aerospace Drawing Number 11-03221/22, dated December 3, 2010, at any
time after the initial inspection required in paragraph (f)(1)(i) of
this AD but no later than the compliance time specified in paragraph
(f)(2)(ii) of this AD as long as no cracks were found. As required
in paragraph (f)(2)(i) of this AD, the modification repair scheme
must be incorporated before further flight if cracks are found.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: The MCAI Civil Aviation Authority (CAA) AD DCA/750XL/14,
dated March 31, 2011, and the applicable service bulletin specifies
repair of the rudder pedal assembly if cracks are found exceeding
certain limits and allows continued flight for a specified time if
cracks are found in the rudder pedal assembly that do not exceed
certain limits. This AD does not allow continued flight if any crack
is found. The FAA policy is to disallow airplane operation when
known cracks exist in primary structure, unless the ability to
sustain ultimate load with these cracks is proven. The rudder pedal
assembly is considered primary structure, and the FAA has not
received any analysis to prove that ultimate load can be sustained
with cracks in this area.
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, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
Related Information
(h) Refer to MCAI Civil Aviation Authority (CAA) AD DCA/750XL/
14, dated March 31, 2011, and Pacific Aerospace Limited Mandatory
Service Bulletin PACSB/XL/050, Issue 1, dated December 15, 2010, for
related information.
Material Incorporated by Reference
(i) You must use Pacific Aerospace Limited Mandatory Service
Bulletin PACSB/XL/050, Issue 1, dated December 15, 2010, and Pacific
Aerospace Drawing Number 11-03221/22, dated December 3, 2010, to do
the actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Pacific Aerospace Limited, Hamilton Airport, Private Bag HN3027
Hamilton, New Zealand; telephone: 0064 7 843 6144; fax: 0064 7 843
6134; Internet: http://www.aerospace.co.nz/.
(3) 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.
(4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
[[Page 22319]]
Records Administration (NARA). For information on the availability
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri on April 13, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-9429 Filed 4-20-11; 8:45 am]
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