[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Rules and Regulations]
[Pages 71381-71383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23260]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21935; Directorate Identifier 2005-CE-37-AD; 
Amendment 39-14387; AD 2005-24-07]
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 certain 
Pacific Aerospace Corporation Ltd Model 750XL airplanes. This AD 
requires you to inspect the condition of the left and right outer panel 
attachment lugs for damage (scoring and gouging) and/or cracks (using a 
fluorescent penetrant inspection procedure for the crack inspection); 
to inspect the spacing of left and right outer panel attachment lugs; 
to replace the lugs if damage is found; and to make necessary 
corrections to the spacing. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the airworthiness authority 
for New Zealand. We are issuing this AD to prevent structural failure 
of the outer panel and spar due to a cracked, bent, or distorted 
condition of the left and right outer panel attachment lugs; and 
incorrect spacing of the left and right outer panel attachment lugs. 
This failure could lead to loss of control of the airplane.

DATES: This AD becomes effective on December 29, 2005.
    As of December 29, 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 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://www.dms.dot.gov. The docket number is FAA-2005-21935; Directorate 
Identifier 2005-CE-37-AD.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 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 certain Pacific 
Aerospace Corporation Ltd Model 750XL airplanes. The CAA reports the 
attachment lug spacers are incorrectly sized and cause the lugs to 
distort when the attachment bolt is tightened. Also, outer wing 
attachment lugs were used to secure the spar in the wing build jig 
without spacers. This

[[Page 71382]]

may have bent the clevis legs outward. These two problems may cause 
cracking and/or degradation of fatigue life.
    What is the potential impact if FAA took no action? A cracked, 
bent, or distorted condition of the left and right outer panel 
attachment lugs and incorrect spacing of the left and right outer panel 
attachment lugs could result in structural failure. This failure could 
lead to loss of control of the airplane.
    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 certain Pacific Aerospace Corporation 
Ltd Model 750XL airplanes. This proposal was published in the Federal 
Register as a notice of proposed rulemaking (NPRM) on August 19, 2005 
(70 FR 48657). The NPRM proposed to require you to inspect the 
condition and spacing of the left and right outer panel attachment 
lugs; replace the lugs if damage is found; and make any necessary 
corrections to the spacing.

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.

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 4 airplanes in the U.S. registry.
    What would be the cost impact of this AD on owners/operators of the 
affected airplanes? We estimate the following costs to do this proposed 
inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                 Total cost per   Total cost on
                                  Labor cost                                        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
6 workhours x $65 = $390......................................................            $390           $1,560
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of this inspection. We have 
no way of determining the number of airplanes that may need this 
replacement:

------------------------------------------------------------------------
                                                          Total cost per
           Labor cost                  Parts cost            airplane
------------------------------------------------------------------------
16 workhours x $65 = $1,040....  Pacific Aerospace               $1,040
                                  Corporation Ltd. will
                                  provide warranty
                                  credit for
                                  replacement costs.
------------------------------------------------------------------------

Authority for this Rulemaking

    What authority does FAA have for issuing this rulemaking action? 
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 AD.

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 
other information as included in the Regulatory Evaluation) 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-2005-21935; Directorate Identifier 2005-CE-37-AD'' in your 
request.

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.

[[Page 71383]]

Sec.  39.13  [Amended]

0
2. FAA amends Sec.  39.13 by adding a new AD to read as follows:

2005-24-07 Pacific Aerospace Corporation Ltd.: Amendment 39-14387; 
Docket No. FAA-2005-21935; Directorate Identifier 2005-CE-37-AD.

When Does This AD Become Effective?

    (a) This AD becomes effective on December 29, 2005.

What Other ADs Are Affected by This Action?

    (b) None.

What Airplanes Are Affected by This AD?

    (c) This AD affects Model 750XL, serial numbers 101 through 115, 
that are certificated in any category.

What Is the Unsafe Condition Presented in This AD?

    (d) This AD is the result of incorrect sizing of the attachment 
lug spacers causing the lugs to distort when the attachment bolt is 
tightened. Also, outer wing attachment lugs were used to secure the 
spar in the wing build jig without spacers. This may have bent the 
clevis legs outward. These two problems may cause cracking and/or 
degradation of fatigue life. The actions specified in this AD are 
intended to prevent structural failure of the outer panel and spar 
due to a cracked, bent, or distorted condition of the left and right 
outer panel attachment lugs; and incorrect spacing of the left and 
right outer panel attachment lugs. This failure could lead to loss 
of control of the airplane.

What Must I Do To Address This Problem?

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

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the left and      Upon accumulating     Follow Pacific
 right outer panel, paired     300 hours time-in-    Aerospace
 center wing lugs, and the     service (TIS) or      Corporation Ltd.
 outer panel single lugs for   within 50 hours TIS   Mandatory Service
 damage (scoring or gouging).  after December 29,    Bulletin PACSB/XL/
                               2005 (the effective   015, Issue 3,
                               date of this AD),     amended April 8,
                               whichever occurs      2005.
                               later.
(2) Inspect the left and      Upon accumulating     Follow Pacific
 right outer panel, paired     300 hours TIS or      Aerospace
 center wing lugs, and the     within 50 hours TIS   Corporation Ltd.
 outer panel single lugs for   after December 29,    Mandatory Service
 cracks. You must use a        2005 (the effective   Bulletin PACSB/XL/
 fluorescent penetrant         date of this AD),     015, Issue 3,
 inspection procedure          whichever occurs      amended April 8,
 instead of the dye            later.                2005.
 penetrant inspection
 procedure stated in the
 service information.
(3) If any damage and/or      Prior to further      Follow Pacific
 cracks are found during the   flight, after any     Aerospace
 inspections required in       inspection where      Corporation Ltd.
 paragraph (e)(1) and (e)(2)   damage and/or         Mandatory Service
 of this AD, you must          cracks are found.     Bulletin PACSB/XL/
 replace the lugs.                                   015, Issue 3,
                                                     amended April 8,
                                                     2005.
(4) Inspect the left and      Inspect upon          Follow Pacific
 right wing paired lugs for    accumulating 300      Aerospace
 parallel spacing within       hours TIS or within   Corporation Ltd.
 0.010 inches. If the paired   50 hours TIS after    Mandatory Service
 lugs are not parallel         December 29, 2005     Bulletin PACSB/XL/
 within 0.010 inches, reshim   (the effective date   015, Issue 3,
 outer wing attachment         of this AD),          amended April 8,
 points and correct spacing.   whichever occurs      2005.
                               later. Correct
                               spacing and reshim
                               prior to further
                               flight after the
                               inspection.
------------------------------------------------------------------------

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, FAA, Small Airplane Directorate, 901 Locust, 
Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4146; 
facsimile: (816) 329-4090.

Is There Other Information That Relates to This Subject?

    (g) CAA Airworthiness Directive DCA/750XL/5, dated April 28, 
2005; and Pacific Aerospace Corporation Ltd. Mandatory Service 
Bulletin PACSB/XL/015, Issue 3, amended April 8, 2005 also address 
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 Ltd. Mandatory Service 
Bulletin PACSB/XL/015, Issue 3, amended April 8, 2005. 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-2005-21935; Directorate 
Identifier 2005-CE-37-AD.

    Issued in Kansas City, Missouri, on November 17, 2005.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23260 Filed 11-28-05; 8:45 am]
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