[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)] [Rules and Regulations] [Pages 60329

-60331] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2014-23557]

DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA

-20 14

-0494; Directorate Identifier 20 14

-CE

-0 17-AD; Amendment 39

- 17986; AD 2014-20

- 13] RIN 2120-AA64 Ainvortbiness Directives; Pacific Aerospace Limited Airplanes AGENCY: Federal Aviation Administration (FAA), Department ofTransportation (DOT). ACTION: Final rule.

SUMMARY: We are adopting a new airworthiness directive (AD) for Pacific Aerospace Limited Model 750XL airplanes. 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 failure ofthe fin forward pickup due to possible fatigue cracks
. We are issuing this AD to require actions to address the unsafe condition on these products. DATES: This AD is effective November 12,2014. The Director ofthe Federal Register approved the incorporation by reference of a certain publication listed in the AD as ofNovember 12, 2014
. ADDRESSES: You may examine the AD docket on the Internet at http://www
.regulations.gov by searching f or and locating Docket No
. F AA-20 14-0494; or in person at Document Management Facility, U.S. Department ofTransporta tion, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. For service information identified in 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 view this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability ofthis material at the FAA, call (816) 329-4148. 

### FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 641 06; telephone: (816) 329-4123; fax: (816) 329-4090; email: Karl.Schletzbaum@faa.gov.
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### SUPPLEMENTARY INFORMATION: Discussion We issued a notice ofproposed rulemaking (NPRM) to amend 14 CFR part 39 to adding an AD that would apply to Pacific Aerospace Limited Model 750XL airplanes. The NPRM was published in the Federal Register on July 23, 2014 (79 FR 42721). The NPRM proposed to correct an unsafe condition for the specified products and was based on mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country . The MCAI states: To prevent failure ofthe 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. The MCAI can be found in the AD docket on the Internet at: http://www.regulations.gov/#!documentDetail;D=FAA-2014-0494-0002
. 

### Comments We gave the public the opportun i ty to participate in developing this AD. The following presents the comments received on the proposal and the FAA's response to each comment. 

### Request FAA Defer Inspections Until a Design Change Is Completed By 

### Manufacturer Philip Esdaile ofDavis Air Repair, Inc, and Ray Ferrell requested the FAA defer inspections until a design change is completed by the manufacturer and then mandate the design change. Philip Esdaile and Ray Ferrell stated that the inspection is labor intensive and significant damage can be done to the airplane by repeatedly removing the rudder and fin. We partially agree with the commenter. Requiring a better engineering solution (design change) would allow longer inspection intervals and would cause less wear and tear on the airplane; however, such a design change is not available
. The FAA will monitor the progress ofthe manufacturer's design change and, ifconsidered an acceptable level of safety, consider additional rulemaking or approve it as an alternative method ofcompliance (AMOC). We did not change the final rule AD action based on these comments. 

### Request a Less Intrusive Inspection Method Kevin Kelly ofParaclete Aviation stated that the full inspection, as required by the MCAI, is too intrusive and over time causes unnecessary stress and damage to the airplane. The commenter believes that the intent ofthe inspection can be met by an alternative inspection. We disagree with the commenter. The mandated inspection is specific; we cannot be certain that the alternative inspection proposed by Kevin Kelly is adequate. However, if someone submits substantia ting data, the FAA will review and consider all AMOC requests we receive provided they follow the procedures in 14 CFR 39.19 and this AD. We did not change the final rule AD action based on these comments.

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### Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial changes. We have determined that these minor changes : • Are consistent with the intent that was proposed in the NPRM (79 FR 42721, July 23, 20 14) for correcting the unsafe condition; and • Do not add any addi tional burden upon the public than was already proposed 

### in the NPRM (79 FR 42721, July 23, 20 14). 

### Costs ofCompliance We estimate that this AD will affect 17 products ofU.S. registry. We also estima t e that it would take about 1 work-hour per product to comply with the basic requirements ofthis AD
. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost ofthe 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 5 work

-hours and require parts costing $328, for a cost of$753 per product. We have no way ofdetermining the number ofproducts that may need these actions
. 

### Authority for Tbis Rulemaking Title 49 ofthe United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section I06, describes the authority ofthe FAA Administrator. "Subtitle VII: Aviation Programs," describes in more detail the scope ofthe Agency's authority. We are issuing this rulemaking under the authority described in "Subtitle VII, Part A, Subpart III, Section 4470 l: General requirements
." Under that section, Congress charges the FAA with promoting safe flight ofcivil 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 ofthat 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 ofpower and responsibilities among the various levels ofgovernment. For the reasons discussed above, I certify this AD : ( l) 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 1 1034, 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 ofthe Regulatory Flexibility Act. 

### Examining tbe AD Docket You may examine the AD docket on the Internet at http://www
.regulations
.gov by searching for and locating Docket No. F AA

-20 14

-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 the 

### 3NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Oftlce (telephone (800) 647

-5527) 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 ofthe Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. 

### § 39.13 [Amended] 2. The FAA amends§ 39.13 by adding the following new AD:

4FAA Aviation Safety 

## AIRWORTHINESS DIRECTIVE
www.faa
.gov/aircraft/safety/alerts/ www.gpoaccess.gov/fr/advanced. html


### 2014

-20-13 Pacific Aerospace Limited: Amendment 39

- 17986; Docket No. FAA-2014-0494; Directorate Identifier 20 14-CE-0 17-AD. 

### (a) Effective Date This airworthiness directive (AD) becomes effective November 12, 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 ofAmerica (AT A) Code 53 : Fuselage. (e) Reason This AD was prompted by mandatory contiinuing airworthiness information (MCAI) originated by an aviation authority o f another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as failure ofthe 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 ofthe fin forward pickup. 

### (t) Actions and Compliance Do the following actions as specified in paragraphs (f)(l) and (f)(2), including all subparagraphs, ofthis AD, unless already done: (l) Inspect the fin forward pickup fittings for cracks on or before 2,000 hours total time-inservice (TTIS) or 150 hours time

- in

-service (TIS) after November 12, 2014 (the effective date ofthis AD), whichever occurs later, and repetitively thereafter at intervals not to exceed 600 hours TIS or 12 months, whichever occurs first. Follow Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/068, issue 3, dated May 29, 2014. Note 1 to paragraph (f)(1) ofthis 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.

5(2) Ifyou find any cracks as a result ofany inspection required by paragraph (f) ( l) ofthis AD, before further flight, replace both plates. Do the replacement following Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/068, issue 3, dated May 29, 20 14
. 

### (g) Other FAA AD Provisions The following provisions also apply to this AD: (l) Alternative Methods ofCompliance (AMOCs) : The Manager, Standards Office, FAA, has the author ity to approve AMOCs for this AD, ifrequested using the procedures found in 14 CFR 39.19. Send information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorat e, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4 123; fax: (816) 329-4090; email: Kari.Schletzbaum@faa.gov. 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 ifthey are FAA-approved. Corrective actions are considered FAA-approved ifthey 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
. The MCAI'can be found in the AD docket on the Internet at: http://www.regulations.gov/#!document Detail ;D=FAA-20 14-0494-0002. 

### (i) Material Incorporated by 

### Reference (l) The Director ofthe Federal Register approved the incorporation by reference (IBR) ofthe service inf ormation listed in this paragraph under 5 U.S
.C. 552(a) and l CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/068, issue 3, dated May 29,2014. (ii) Reserved. (3) For Pacific Aerospace Limited service information identified in 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.aer ospace .co .nz. (4) You may view this service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availabil ity ofthis material at the FAA, call (816) 329-4148. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability ofthis material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register /cfr /ibr-locations.html. Issued in Kansas City, Missouri, on September 26, 2014. Kelly A. Broadway, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

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