AD 2007-04-01

[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Rules and Regulations]
[Pages 6931-6933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2318]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26285; Directorate Identifier 2006-CE-69-AD; 
Amendment 39-14932; AD 2007-04-01]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Corporation Ltd Model 
750XL Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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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 an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as possible 
installation of undersize rivets in the fuselage roof at STN 180.85, BL 
19.67, WL 86.2. We are issuing this AD to require actions to correct 
the unsafe condition on these products.

DATES: This AD becomes effective March 21, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 21, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.

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:

Streamlined Issuance of AD

    The FAA is implementing a new process for streamlining the issuance 
of ADs related to MCAI. The streamlined process will allow us to adopt 
MCAI safety requirements in a more efficient manner and will reduce 
safety risks to the public. This process continues to follow all FAA AD 
issuance processes to meet legal, economic, Administrative Procedure 
Act, and Federal Register requirements. We also continue to meet our 
technical decision-making responsibilities to identify and correct 
unsafe conditions on U.S.-certificated products.
    This AD references the MCAI and related service information that we 
considered in forming the engineering basis to correct the unsafe 
condition. The AD contains text copied from the MCAI and for this 
reason might not follow our plain language principles.

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on December 11, 2006 
(71 FR 71499). That NPRM proposed to require that you inspect the 
rivets in the fuselage roof at STN 180.85, BL 19.67, WL 86.2, and 
replace undersize rivets.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

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 a U.S. court of 
law. In making these changes, we do not intend to differ substantively 
from the information provided in the MCAI and related service 
information.
    We might also have 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, if 
any, take precedence over the actions copied from the MCAI.

Costs of Compliance

    We estimate that this AD will affect 7 products of U.S. registry. 
We also

[[Page 6932]]

estimate that it will take about 16 work-hours per product to comply 
with this AD. The average labor rate is $80 per work-hour. Required 
parts will cost about $100 per product. Where the service information 
lists required parts costs that are covered under warranty, we have 
assumed that there will be no charge for these parts. As we do not 
control warranty coverage for affected parties, some parties may incur 
costs higher than estimated here. Based on these figures, we estimate 
the cost of this AD to the U.S. operators to be $9,660, or $1,380 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 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
    (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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://dms.dot.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 the NPRM, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

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 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:

* * * Pacific Aerospace Corporation Ltd: Amendment 39-14932; Docket 
No. FAA-2006-26285; Directorate Identifier 2006-CE-69-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
21, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 750XL airplanes, serial numbers 
102, 104 through 120, 122, and 125, certificated in any category.

Reason

    (d) The mandatory continuing airworthiness information (MCAI) 
states the finding of the possible installation of undersize rivets 
in the fuselage roof at STN 180.85, BL 19.67, WL 86.2.

Actions and Compliance

    (e) Unless already done, within the next 150 hours time-in-
service after the effective date of this AD, inspect the rivets in 
the fuselage roof at STN 180.85, BL 19.67, WL 86.2, and replace 
undersize rivets, following PAC Pacific Aerospace Corporation 
Mandatory Service Bulletin PACSB/XL/019, Date Issued: April 21, 
2006.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    No differences.

Other FAA AD Provisions

    (f) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Staff, FAA, 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, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19.
    (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

    (g) Refer to MCAI New Zealand Civil Aviation Authority AD DCA/
750XL/8, Drafted: May 9, 2006; Effective Date: August 31, 2006; and 
PAC Pacific Aerospace Corporation Mandatory Service Bulletin PACSB/
XL/019, Date Issued: April 21, 2006, for related information.

Material Incorporated by Reference

    (h) You must use PAC Pacific Aerospace Corporation Mandatory 
Service Bulletin PACSB/XL/019, Date Issued: April 21, 2006, 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 Corporation Ltd., Hamilton Airport, Private Bag HN 
3027, Hamilton, New Zealand; telephone: 011 64 7 843 6144; fax: 011 
64 7 843 6134.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 
64106; or at the National Archives and 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/cfr/ibr-locations.html.


[[Page 6933]]


    Issued in Kansas City, Missouri, on February 5, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-2318 Filed 2-13-07; 8:45 am]
BILLING CODE 4910-13-P