[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Rules and Regulations]
[Pages 5365-5366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1723]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19444; Directorate Identifier 2004-CE-33-AD; 
Amendment 39-13960; AD 2005-03-04]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Corporation, Ltd. 
Model 750XL Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA adopts a new airworthiness directive (AD) for all 
Pacific Aerospace Corporation, Ltd. (Pacific Aerospace) Model 750XL 
airplanes. This AD requires you to replace any type TLP-D or TLED 
rivets on the aileron pushrod ends and elevator control pushrod ends. 
This AD results from mandatory continuing airworthiness information 
(MCAI) issued by the airworthiness authority for New Zealand. We are 
issuing this AD to replace the above identified rivets on the aileron 
pushrod ends and elevator control pushrod ends, which, if not replaced, 
could result in loose mechanical elements in the control systems. This 
could lead to control anomalies and loss of airplane control.

DATES: This AD becomes effective on March 21, 2005.
    As of March 21, 2005, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in the 
regulation.

ADDRESSES: To get the service information identified in this AD, 
contact Pacific Aerospace Corporation, Ltd., Hamilton Airport, Private 
Bag HN 3027, Hamilton, New Zealand; telephone: 64 7 843 6144; 
facsimile: 64 7 843 6134. To review this service information, go to the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call (202) 741-6030.
    To view the AD docket, go to the Docket Management Facility; U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2004-19444.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
Small Airplane Directorate, 901 Locust, Room 302, Kansas City, MO 
64106; telephone: 816-329-4146; facsimile: 816-329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    What events have caused this AD? The Civil Aviation Authority 
(CAA), which is the airworthiness authority for New Zealand, recently 
notified FAA that an unsafe condition may exist on all Pacific 
Aerospace Corporation, Ltd. (Pacific Aerospace) Model 750XL airplanes. 
The CAA reports occurrences of loose type TLP-D or TLED rivets on the 
aileron pushrod ends and elevator control pushrod ends on Model 750XL 
airplanes in service in New Zealand.
    What is the potential impact if FAA took no action? Any type TLP-D 
or TLED rivets on the aileron pushrod ends and elevator control pushrod 
ends could result in loose mechanical elements in the control systems. 
This could lead to control anomalies and loss of airplane control.
    Has FAA taken any action to this point? We issued a proposal to 
amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to 
include an AD that would apply to all Pacific Aerospace Corporation, 
Ltd. (Pacific Aerospace) Model 750XL airplanes. This proposal was 
published in the Federal Register as a notice of proposed rulemaking 
(NPRM) on November 22, 2004 (69 FR 67864). The NPRM proposed to require 
you to replace any type TLP-D or TLED rivets on the aileron pushrod 
ends and elevator control pushrod ends.

Comments

    Was the public invited to comment? We provided the public the 
opportunity to participate in developing this AD. We received no 
comments on the proposal or on the determination of the cost to the 
public.

Conclusion

    What is FAA's final determination on this issue? We have carefully 
reviewed the available data and determined that air safety and the 
public interest require adopting the AD as proposed except for minor 
editorial corrections. We have determined that these minor corrections:

--Are consistent with the intent that was proposed in the NPRM for 
correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already 
proposed in the NPRM.

[[Page 5366]]

Changes to 14 CFR Part 39--Effect on the AD

    How does the revision to 14 CFR part 39 affect this AD? On July 10, 
2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, 
July 22, 2002), which governs the FAA's AD system. This regulation now 
includes material that relates to altered products, special flight 
permits, and alternative methods of compliance. This material 
previously was included in each individual AD. Since this material is 
included in 14 CFR part 39, we will not include it in future AD 
actions.

Costs of Compliance

    How many airplanes does this AD impact? We estimate that this AD 
affects 6 airplanes in the U.S. registry.
    What is the cost impact of this AD on owners/operators of the 
affected airplanes? We estimate the following costs to do the 
replacement of any type TLP-D or TLED rivets on the aileron pushrod 
ends and elevator control pushrod ends:

----------------------------------------------------------------------------------------------------------------
                                                               Total cost per
             Labor cost                     Parts cost            airplane       Total cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
6 workhours x $65 per hour = $390...  $37 for 100 Cherry Max            $427   $427 x 6 = $2,562
                                       3213-4-2 or 3243-4-2
                                       (oversize nominal \1/
                                       8\ inch) rivets.
----------------------------------------------------------------------------------------------------------------

    The Cherry Max 3213-4-2 or 3243-4-2 rivets are available in a 
specially sealed 100-count package. The costs above cover this 100-
count package although you may need less than 100 rivets.

Regulatory Findings

    Will this AD impact various entities? We have 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.
    Will this AD involve a significant rule or regulatory action? 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 the 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 summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary by 
sending a request to us at the address listed under ADDRESSES. Include 
``Docket No. FAA-2004-19444; Directorate Identifier 2004-CE-33-AD'' in 
your request.
    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 AD.

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 Federal Aviation Administration amends part 39 of the Federal 
Aviation Regulations (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. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2005-03-04 Pacific Aerospace Corporation, Ltd.: Amendment 39-13960; 
Docket No. FAA-2004-19444; Directorate Identifier 2004-CE-33-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on March 21, 2005.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects Model 750XL airplanes, all serial numbers 
that are certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of mandatory continuing airworthiness 
information (MCAI) issued by the airworthiness authority for New 
Zealand. The actions specified in this AD are intended to replace 
the above identified rivets on the aileron pushrod ends and elevator 
control pushrod ends, which, if not replaced, could result in loose 
mechanical elements in the control systems. This could lead to 
control anomalies and loss of airplane control.

What Must I Do To Address This Problem?

    (e) To address this problem, you must do the following:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
Replace any type TLP-D or     With 50 hours time-   Follow the
 TLED rivets on the aileron    in-service (TIS)      ACCOMPLISHMENT
 pushrod ends and elevator     after March 21,       INSTRUCTIONS in
 control pushrod ends with a   2005 (the effective   Pacific Aerospace
 new Cherry Max 3213-4-2 or    date of this AD),     Corporation
 3243-4-2 (oversize nominal    unless already done.  Mandatory Service
 \1/8\ inch) rivet.                                  Bulletin No. PACSB/
                                                     XL/007, dated June
                                                     22, 2004.
(2) Do not install:
    (i) Any type TLP-D or     As of March 21, 2005  Not Applicable.
     TLED rivets on the        (the effective date
     aileron pushrod ends      of this AD).
     and elevator control
     pushrod ends; or.
    (ii) Any aileron
     pushrods or elevator
     control pushrods with
     type TLP-D or TLED
     rivets on the ends..
------------------------------------------------------------------------

May I Request an Alternative Method of Compliance?

    (f) You may request a different method of compliance or a 
different compliance time for this AD by following the procedures in 
14 CFR 39.19. Unless FAA authorizes otherwise, send your request to 
your principal inspector. The principal inspector may add comments 
and will send your request to the Manager, Standards Office, Small 
Airplane Directorate, FAA. For information on any already approved 
alternative methods of compliance, contact Karl Schletzbaum, 
Aerospace Engineer, Small Airplane Directorate, 901 Locust, Room 
302, Kansas City, MO 64106; telephone: 816-329-4146; facsimile: 816-
329-4090.

Is There Other Information That Relates to This Subject?

    (g) New Zealand Airworthiness Directive Number DCA/40XL/1, dated 
June 24, 2004, also addresses the subject of this AD.

Does This AD Incorporate Any Material by Reference?

    (h) You must do the actions required by this AD following the 
instructions in Pacific Aerospace Corporation Mandatory Service 
Bulletin No. PACSB/XL/007, dated June 22, 2004. The Director of the 
Federal Register approved the incorporation by reference of this 
service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. To get a copy of this service information, contact Pacific 
Aerospace Corporation, Ltd., Hamilton Airport, Private Bag HN 3027, 
Hamilton, New Zealand; telephone: 64 7 843 6144; facsimile: 64 7 843 
6134. To review copies of this service information, go to the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html or call (202) 741-6030. To view the AD docket, 
go to the Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-
401, Washington, DC 20590-001 or on the Internet at http://dms.dot.gov. The docket number is FAA-2004-19444.

    Issued in Kansas City, Missouri, on January 24, 2005.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-1723 Filed 2-1-05; 8:45 am]
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