AD 2014-20-13

[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Rules and Regulations]
[Pages 60329-60331]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-23557]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0494; Directorate Identifier 2014-CE-017-AD; 
Amendment 39-17986; AD 2014-20-13]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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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 of the 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 of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 12, 
2014.

ADDRESSES: 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-
0494; or in person at Document Management Facility, U.S. Department of 
Transportation, 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: <a href="/cdn-cgi/l/email-protection#d9a9b8bab0bfb0ba99b8bcabb6aaa9b8babcf7bab6f7b7a3"><span class="__cf_email__" data-cfemail="0171606268676862416064736e72716062642f626e2f6f7b">[email&#160;protected]</span></a>, internet: <a href="http://www.aerospace.co.nz">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.

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#93d8f2e1ffbdc0f0fbfff6e7e9f1f2e6fed3f5f2f2bdf4fce5"><span class="__cf_email__" data-cfemail="a1eac0d3cd8ff2c2c9cdc4d5dbc3c0d4cce1c7c0c08fc6ced7">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed 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 of the 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: <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2014-0494-0002.

Comments

    We gave the public the opportunity 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 of Davis 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.

[[Page 60330]]

    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 of the manufacturer's design change and, if considered an 
acceptable level of safety, consider additional rulemaking or approve 
it as an alternative method of compliance (AMOC).
    We did not change the final rule AD action based on these comments.

Request a Less Intrusive Inspection Method

    Kevin Kelly of Paraclete 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 of the 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 substantiating 
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.

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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (79 FR 42721, July 23, 2014) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 42721, July 23, 2014).

Costs of Compliance

    We estimate that this AD will affect 17 products of U.S. registry. 
We also estimate that it would take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of the 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 of determining the number of products that 
may need these actions.

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 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
    (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.

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-
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 NPRM, 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.

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:

2014-20-13 Pacific Aerospace Limited: Amendment 39-17986; Docket No. 
FAA-2014-0494; Directorate Identifier 2014-CE-017-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 of America (ATA) Code 53: Fuselage.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated 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 of the 
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 of the fin forward pickup.

(f) Actions and Compliance

    Do the following actions as specified in paragraphs (f)(1) and 
(f)(2), including all subparagraphs, of this AD, unless already 
done:
    (1) Inspect the fin forward pickup fittings for cracks on or 
before 2,000 hours total time-in-service (TTIS) or 150 hours time-
in-service (TIS) after November 12, 2014 (the effective

[[Page 60331]]

date of this 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) of this 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.

    (2) If you find any cracks as a result of any inspection 
required by paragraph (f)(1) of this 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, 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#4c072d3e20621f2f24202938362e2d39210c2a2d2d622b233a"><span class="__cf_email__" data-cfemail="87cce6f5eba9d4e4efebe2f3fde5e6f2eac7e1e6e6a9e0e8f1">[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 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: <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2014-0494-0002.

(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 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: <a href="/cdn-cgi/l/email-protection#3949585a505f505a79585c4b564a49585a5c175a56175743"><span class="__cf_email__" data-cfemail="0171606268676862416064736e72716062642f626e2f6f7b">[email&#160;protected]</span></a>, 
internet: <a href="http://www.aerospace.co.nz">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 September 26, 2014.
Kelly A. Broadway,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-23557 Filed 10-6-14; 8:45 am]
BILLING CODE 4910-13-P