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[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Proposed Rules]
[Pages 42721-42723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17339]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0494; Directorate Identifier 2014-CE-017-AD]
RIN 2120-AA64

Airworthiness Directives; Pacific Aerospace Limited Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Pacific Aerospace Limited Model 750XL airplanes. 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 failure of the fin forward pickup due to 
possible fatigue cracks. We are issuing this proposed AD to require 
actions to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by September 8, 
2014.

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.
    For service information identified in this proposed AD, contact 
Pacific Aerospace Unlimited, Airport Road, Hamilton, Private Bag 
HN3027, Hamilton 3240, New Zealand, phone: +64 7 843 6144; fax: +64 7 
843 6134; email: pacific@aerospace.co.nz, internet: 
www.aerospace.co.nz. You may review this 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 by searching for and locating Docket No. FAA-2014-
0494; 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 
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) 329-4123; fax: (816) 329-4090; email: 
Karl.Schletzbaum@faa.gov.

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-2014-0494; 
Directorate Identifier 2014-CE-017-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://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 aviation authority 
for New Zealand, has issued AD DCA/750XL/16A, dated June 18, 2014 
(referred to after this as ``the MCAI''), to correct an

[[Page 42722]]

unsafe condition for Pacific Aerospace Limited Model 750XL airplanes 
and was based on mandatory continuing airworthiness information 
originated by an aviation authority of another country. The MCAI 
states:

    To prevent failure of the fin forward pickup due to possible 
fatigue cracks, inspect the fitting per the instructions in Pacific 
Aerospace Limited Mandatory Service Bulletin (MSB) PACSB/XL/068 
issue 3, dated 29 May 2014.
    If any cracks are found, replace both plates per PACSB/XL/068, 
before further flight.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2014-0494.

Relevant Service Information

    Pacific Aerospace Limited has issued Mandatory Service Bulletin 
(MSB) PACSB/XL/068, issue 3, dated May 29, 2014. 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.

Costs of Compliance

    We estimate that this proposed AD will affect 17 products of U.S. 
registry. We also estimate that it would take about 1 work-hour per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $1,445, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 5 work-hours and require parts costing $328, for a cost of 
$753 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 proposed 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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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

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 Limited: Docket No. FAA-2014-0494; Directorate 
Identifier 2014-CE-017-AD.

(a) Comments Due Date

    We must receive comments by September 8, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 53: Fuselage.

(e) Reason

    This AD was prompted by 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 failure of the 
fin forward pickup due to possible fatigue cracks. We are issuing 
this proposed AD to detect and correct cracked fin forward pickup 
fittings to prevent failure of the fin forward pickup.

(f) Actions and Compliance

    Do the following actions as specified in paragraphs (f)(1) 
through (f)(2), including all subparagraphs, of this AD, unless 
already done:
    (1) Inspect the fin forward pickup fittings for cracks on or 
before 2,000 hours total time-in-service (TTIS) or 150 hours time-
in-service (TIS) after the effective date of this AD, whichever 
occurs later, and repetitively thereafter at intervals not to exceed 
600 hours TIS or annual inspection, whichever occurs first. Follow 
Pacific Aerospace Limited Mandatory Service Bulletin (MSB) PACSB/XL/
068, issue 3, dated May 29, 2014.

    Note 1 to paragraph (f)(1) of this AD:  The MCAI mentions 
actions that are different for standard category versus restricted 
category airplanes. The Pacific Aerospace Limited Model 750XL 
airplane is only type certificated in the normal (standard) category 
in the United States so these are the actions that are specified in 
this AD.

    (2) If you find any cracks as a result of any inspection 
required by paragraph (f)(1) of this AD, before further flight, 
replace both plates. Do the replacement following Pacific Aerospace 
Limited Mandatory Service Bulletin (MSB) PACSB/XL/068, issue 3, 
dated May 29, 2014.

(g) Other FAA AD Provisions

    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) 329-4123; fax: (816) 329-4090; 
email: Karl.Schletzbaum@faa.gov.

[[Page 42723]]

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.

(h) Related Information

    Refer to MCAI New Zealand Civil Aviation Authority (CAA) AD DCA/
750XL/16A, dated June 18, 2014, for related information. You may 
examine the MCAI on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2014-0494. For service 
information related to this AD, contact Pacific Aerospace Unlimited, 
Airport Road, Hamilton, Private Bag HN3027, Hamilton 3240, New 
Zealand, phone: +64 7 843 6144; fax: +64 7 843 6134; email: 
pacific@aerospace.co.nz, internet: www.aerospace.co.nz. You may 
review this 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.

    Issued in Kansas City, Missouri, on July 17, 2014.
Kelly A. Broadway,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-17339 Filed 7-22-14; 8:45 am]
BILLING CODE 4910-13-P
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