AD 2014-04-03

[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Rules and Regulations]
[Pages 10344-10346]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-03422]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0090; Directorate Identifier 2014-CE-003-AD; 
Amendment 39-17761; AD 2014-04-03]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited 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 all 
Pacific Aerospace Limited Model 750XL airplanes. 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 broken control column attachment bolts. We are issuing 
this AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective February 25, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 25, 
2014.
    We must receive comments on this AD by April 11, 2014.

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 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

[[Page 10345]]

Limited, Hamilton Airport, Private Bag 3027 Hamilton 3240, New Zealand; 
telephone: +64 7 843 6144; fax: +64 7 843 6134; email: 
<a href="/cdn-cgi/l/email-protection#5121303238373832113034233e22213032347f323e7f3f2b"><span class="__cf_email__" data-cfemail="176776747e717e745776726578646776747239747839796d">[email&#160;protected]</span></a>; Internet: <a href="http://www.aerospace.co.nz/">http://www.aerospace.co.nz/</a>. You may 
view this 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> by searching for and locating Docket No. FAA-2014-
0090; 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) 329-4123; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#e883899a84c69b8b80848d9c928a899d85a88e8989c68f879e"><span class="__cf_email__" data-cfemail="533832213f7d20303b3f3627293132263e133532327d343c25">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    The Civil Aviation Authority (CAA), which is the airworthiness 
authority for New Zealand, has issued AD DCA/750XL/15, dated January 
29, 2014 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for all Pacific Aerospace Limited Model 750XL airplanes. The 
MCAI states:

    This emergency AD with effective date 30 January 2014 is 
prompted by reports of finding broken control column attachment 
bolts on two 750 XL aircraft.
    Investigation revealed the bolt failures may be due to possible 
over-tightening of the control column attachment bolt to reduce 
control column play in the pivot fork (socket). Pacific Aerospace 
subsequently issued MSP PACSB/XL/070 issue 1, dated 24 January 24, 
2014 to replace affected bolts, washers and nuts within the next 10 
hours TIS, and to caution operators and maintainers that over-
tightening may reduce the life of the bolt. This AD mandates the 
requirements in PACSB/XL/070 to prevent failure of the control 
column attachment bolt which could result in control column 
detachment and loss of aircraft control.

You may examine the MCAI on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 
by searching for and locating Docket No. FAA-2014-0090.

Relevant Service Information

    Pacific Aerospace Limited has issued Mandatory Service Bulletin 
PACSB/XL/070, Issue 1, dated January 24, 2014. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of this 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.

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 
failure of the control column attachment bolt could result in control 
column detachment, which could cause 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-2014-0090; Directorate 
Identifier 2014-CE-003-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 17 products of U.S. registry. 
We also estimate that it will take about 1.5 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $100 per product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $3,867.50, or $227.50 per product.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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 the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and

[[Page 10346]]

    (4) 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.

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:

2014-04-03 Pacific Aerospace Limited: Amendment 39-17761; Docket No. 
FAA-2014-0090; Directorate Identifier 2014-CE-003-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 25, 
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 of America (ATA) Code 27: Flight 
Controls.

(e) Reason

    This AD was prompted 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 broken control 
column attachment bolts. We are issuing this AD to prevent failure 
of the control column attachment bolt, which could result in control 
column detachment and cause loss of control.

 (f) Actions and Compliance

    Unless already done, within the next 10 hours time-in-service 
after February 25, 2014 (the effective date of this AD), replace the 
left hand and the right hand control column attachment bolts 
following the Accomplishment Instructions in Pacific Aerospace 
Limited Mandatory Service Bulletin PACSB/XL/070, Issue 1, dated 
January 24, 2014.

(g) Other FAA AD Provisions

    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) 329-4123; fax: (816) 329-4090; 
email: <a href="/cdn-cgi/l/email-protection#2942485b45075a4a41454c5d534b485c44694f4848074e465f"><span class="__cf_email__" data-cfemail="1f747e6d73316c7c77737a6b657d7e6a725f797e7e31787069">[email&#160;protected]</span></a>. 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.

(h) Related Information

    Refer to MCAI Civil Aviation Authority (CAA) AD DCA/750XL/15, 
dated January 29, 2014, for related information. You may examine the 
MCAI on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for 
and locating Docket No. FAA-2014-0090.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Pacific Aerospace Limited Mandatory Service Bulletin PACSB/
XL/070, Issue 1, dated January 24, 2014.
    (ii) Reserved.
    (3) For Pacific Aerospace Limited 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; email: <a href="/cdn-cgi/l/email-protection#fa8a9b99939c9399ba9b9f8895898a9b999fd49995d49480"><span class="__cf_email__" data-cfemail="e090818389868983a08185928f9390818385ce838fce8e9a">[email&#160;protected]</span></a>; Internet: 
<a href="http://www.aerospace.co.nz/">http://www.aerospace.co.nz/</a>.
    (4) You may view this 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.
    (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 of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Kansas City, Missouri on February 10, 2014.
Steven W. Thompson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-03422 Filed 2-24-14; 8:45 am]
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