[Federal Register Volume 72, Number 91 (Friday, May 11, 2007)]
[Rules and Regulations]
[Pages 26716-26718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27859; Directorate Identifier 2007-CE-033-AD; 
Amendment 39-15049; AD 2007-10-08]
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:

* * *failure of the Autopilot System Computer resulting in the 
possibility of an out of trim condition, which may lead to loss of 
aircraft control * * *

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective June 15, 2007.
    On June 15, 2007 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 11, 2007.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> DOT Docket Web Site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> 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.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

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 this AD, 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.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
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

[[Page 26717]]

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

    The Civil Aviation Authority of New Zealand, which is the aviation 
authority for New Zealand, has issued DCA/750XL/12A, drafted: March 27, 
2007, effective date: March 29, 2007 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

* * *failure of the Autopilot System Computer resulting in the 
possibility of an out of trim condition, which may lead to loss of 
aircraft control * * *

    The MCAI requires disconnection of the autopilot, inspection of the 
pitch servo, and modification of the autopilot pitch trim circuit. 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/025, dated March 5, 2007. 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.
    Currently within the United States there are no known Pacific 
Aerospace Limited Model 750XL airplanes with an S-Tec X55 autopilot 
system installed. There are no products of this type currently 
registered in the United States. However, this rule is necessary to 
ensure that the described unsafe condition is addressed if any of these 
products are placed on the U.S. Register in the future.

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 also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the AD.

Comments Invited

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.
    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-2007-27859; Directorate 
Identifier 2007-CE-033-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://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact we 
receive about this AD.

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
    (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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends14 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:

2007-10-08 Pacific Aerospace Limited: Amendment 39-15049; Docket No. 
FAA-2007-27859; Directorate Identifier 2007-CE-033-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 15, 
2007.

[[Page 26718]]

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 750XL airplanes, serial numbers 
125, 126, and 127, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 22: 
Autopilot.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    * * * failure of the Autopilot System Computer resulting in the 
possibility of an out of trim condition, which may lead to loss of 
aircraft control* * *

Actions and Compliance

    (f) Unless already done, do the following actions before further 
flight.
    (1) Modify the autopilot pitch trim circuit with additional 
protective features following Pacific Aerospace Limited Mandatory 
Service Bulletin PACSB/XL/025, dated March 5, 2007.
    (2) Inspect the Pitch Servo to confirm part number (P/N) 108-15-
P1 is installed following Pacific Aerospace Limited Mandatory 
Service Bulletin PACSB/XL/025, dated March 5, 2007.
    (i) If Pitch Servo P/N 108-15-P1 is installed, no further action 
is necessary.
    (ii) If Pitch Servo P/N 108-15-P1 is not installed, replace the 
Pitch Servo with P/N 108-15-P1 following Pacific Aerospace Limited 
Mandatory Service Bulletin PACSB/XL/025, dated March 5, 2007.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    (1) The MCAI requires an interim action of disconnecting the 
autopilot following Pacific Aerospace Limited Alert Service Bulletin 
PACSB/XL/001, dated February 16, 2007. Since there are no products 
of this type currently registered in the United States, and Pacific 
Aerospace Limited Mandatory Service Bulletin PACSB/XL/025, dated 
March 5, 2007, supersedes Pacific Aerospace Limited Alert Service 
Bulletin PACSB/XL/001, dated February 16, 2007, we are not requiring 
disconnection of the autopilot. Instead we require the autopilot 
comply with the terminating actions in Pacific Aerospace Limited 
Mandatory Service Bulletin PACSB/XL/025, dated March 5, 2007.
    (2) The MCAI allows modification of the pitch trim circuit 
within 150 hours time-in-service. Since there are no products of 
this type currently registered in the United States, we are 
requiring modification of the pitch trim circuit before a domestic 
airworthiness certificate can be issued.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Small Airplane Directorate, 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, 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/12A, drafted: March 27, 2007, effective date: March 29, 
2007; and Pacific Aerospace Limited Mandatory Service Bulletin 
PACSB/XL/025, dated March 5, 2007, for related information.

Material Incorporated by Reference

    (i) You must use Pacific Aerospace Limited Mandatory Service 
Bulletin PACSB/XL/025, dated March 5, 2007, 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: (64) 7-843-6144; fax: (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/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri on May 4, 2007.
Charles L. Smalley,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-8993 Filed 5-10-07; 8:45 am]
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