AD 2011-09-08

[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Rules and Regulations]
[Pages 22316-22319]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2011-9429]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0379; Directorate Identifier 2011-CE-007-AD; 
Amendment 39-16670; AD 2011-09-08]
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:

    This AD is prompted by a report from the manufacturer of finding 
cracks in rudder pedal assemblies at the quadrant attachment weld on 
early 750 XL aircraft.

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

DATES: This AD becomes effective May 2, 2011.
    On May 2, 2011, 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 6, 2011.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey

[[Page 22317]]

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 AD, contact Pacific 
Aerospace Limited, Hamilton Airport, Private Bag 3027 Hamilton 3240, 
New Zealand; telephone: +64 7 843 6144; fax: +64 7 843 6134; e-mail: 
<a href="/cdn-cgi/l/email-protection#067667656f606f654667637469757667656328656928687c"><span class="__cf_email__" data-cfemail="621203010b040b01220307100d11120301074c010d4c0c18">[email&#160;protected]</span></a>; Internet: <a href="http://www.aerospace.co.nz/">http://www.aerospace.co.nz/</a>. You may 
review copies of the 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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) 647-5527) 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) 329-4146; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for New Zealand, has issued AD DCA/750XL/14, dated March 31, 
2011, (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    This AD is prompted by a report from the manufacturer of finding 
cracks in rudder pedal assemblies at the quadrant attachment weld on 
early 750 XL aircraft.

The MCAI requires inspecting the left-hand and right-hand rudder pedal 
assemblies for cracks and incorporating a modification repair scheme if 
any cracks are found. 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/050, Issue 1, dated December 15, 2010. 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.

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 have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
cracks in the rudder pedal assemblies could cause the rudder pedal 
assembly to fail, which could result in loss of control. Therefore, we 
determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    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-2011-0379; Directorate 
Identifier 2011-CE-007-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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 15 products of U.S. registry. 
We also estimate that it would take about 4 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts would cost about $1,269 per 
product.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $24,135 or $1,609 per product.

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

[[Page 22318]]

    (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

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

2011-09-08 Pacific Aerospace Limited: Amendment 39-16670; Docket No. 
FAA-2011-0379; Directorate Identifier 2011-CE-007-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 2, 
2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, all serial numbers through 111, certificated in any 
category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    This AD is prompted by a report from the manufacturer of finding 
cracks in rudder pedal assemblies at the quadrant attachment weld on 
early 750 XL aircraft.

The MCAI requires inspecting the left-hand (LH) and right-hand (RH) 
rudder pedal assemblies for cracks and incorporating a modification 
repair scheme if any cracks are found. You may obtain further 
information by examining the MCAI in the AD docket.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Inspect the quadrant welds in the LH rudder pedal assembly, 
part number (P/N) 11-45711-1, and the RH rudder pedal assembly, P/N 
11-45713-1, for cracks at the following times following Pacific 
Aerospace Limited Mandatory Service Bulletin PACSB/XL/050, Issue 1, 
dated December 15, 2010:
    (i) Initially before further flight after the effective date of 
this AD.
    (ii) Repetitively thereafter at intervals not to exceed 300 
hours time-in-service (TIS) until the modification repair scheme 
required in paragraph (f)(2) of this AD is incorporated.
    (2) Incorporate modification repair scheme Pacific Aerospace 
Drawing Number 11-03221/22, dated December 3, 2010, as specified in 
Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/050, 
Issue 1, dated December 15, 2010, at the following time:
    (i) Before further flight after any inspection required in 
paragraphs (f)(1)(i) or (f)(1)(ii) of this AD if any cracks are 
found.
    (ii) Within the next 1,200 hours TIS after the effective date of 
this AD or within the next 12 months after the effective date of 
this AD, whichever occurs first, if no cracks are found during any 
inspection required in paragraphs (f)(1)(i) or (f)(1)(ii) of this 
AD. Incorporating modification repair scheme Pacific Aerospace 
Drawing Number 11-03221/22, dated December 3, 2010, terminates the 
repetitive inspections required in paragraph (f)(1)(ii) of this AD.
    (3) You may incorporate modification repair scheme Pacific 
Aerospace Drawing Number 11-03221/22, dated December 3, 2010, at any 
time after the initial inspection required in paragraph (f)(1)(i) of 
this AD but no later than the compliance time specified in paragraph 
(f)(2)(ii) of this AD as long as no cracks were found. As required 
in paragraph (f)(2)(i) of this AD, the modification repair scheme 
must be incorporated before further flight if cracks are found.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information 
as follows: The MCAI Civil Aviation Authority (CAA) AD DCA/750XL/14, 
dated March 31, 2011, and the applicable service bulletin specifies 
repair of the rudder pedal assembly if cracks are found exceeding 
certain limits and allows continued flight for a specified time if 
cracks are found in the rudder pedal assembly that do not exceed 
certain limits. This AD does not allow continued flight if any crack 
is found. The FAA policy is to disallow airplane operation when 
known cracks exist in primary structure, unless the ability to 
sustain ultimate load with these cracks is proven. The rudder pedal 
assembly is considered primary structure, and the FAA has not 
received any analysis to prove that ultimate load can be sustained 
with cracks in this area.

Other FAA AD Provisions

    (g) 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) 329-4146; 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, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

 Related Information

    (h) Refer to MCAI Civil Aviation Authority (CAA) AD DCA/750XL/
14, dated March 31, 2011, and Pacific Aerospace Limited Mandatory 
Service Bulletin PACSB/XL/050, Issue 1, dated December 15, 2010, for 
related information.

Material Incorporated by Reference

    (i) You must use Pacific Aerospace Limited Mandatory Service 
Bulletin PACSB/XL/050, Issue 1, dated December 15, 2010, and Pacific 
Aerospace Drawing Number 11-03221/22, dated December 3, 2010, 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: 0064 7 843 6144; fax: 0064 7 843 
6134; Internet: <a href="http://www.aerospace.co.nz/">http://www.aerospace.co.nz/</a>.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and

[[Page 22319]]

Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Kansas City, Missouri on April 13, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-9429 Filed 4-20-11; 8:45 am]
BILLING CODE 4910-13-P