[Federal Register: December 11, 2006 (Volume 71, Number 237)]
[Proposed Rules]
[Page 71499-71500]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de06-12]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26285; Directorate Identifier 2006-CE-69-AD]
RIN 2120-AA64
Airworthiness Directives; Pacific Aerospace Corporation Ltd Model
750XL Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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 possible undersize rivets in the fuselage roof at STN
180.85, BL 19.67, WL 86.2. The proposed AD would require actions that
are intended to address the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by January 10,
2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web Site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Fax: (202) 493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
; 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 proposed AD, the regulatory evaluation, any
comments received, and other information. The street address for the
Docket Office (telephone (800) 647-5227) 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:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. The streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This proposed AD references the MCAI and related service
information that we considered in forming the engineering basis to
correct the unsafe condition. The proposed AD contains text copied from
the MCAI and for this reason might not follow our plain language
principles.
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2006-
26285; Directorate Identifier 2006-CE-69-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The Civil Aviation Authority (CAA), which is the aviation authority
for New Zealand, has issued CAA AD DCA/750XL/8, Drafted: May 9, 2006;
Effective Date: August 31, 2006 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states the finding of the possible installation of undersize
rivets in the fuselage roof at STN 180.85, BL 19.67, WL 86.2. The MCAI
requires that you inspect the rivets in the fuselage roof at STN
180.85, BL 19.67, WL 86.2, and replace undersize rivets. You may obtain
further information by examining the MCAI in the AD docket.
Relevant Service Information
Pacific Aerospace Corporation Ltd has issued PAC Pacific Aerospace
Corporation Mandatory Service Bulletin PACSB/XL/019, Date Issued: April
21, 2006. 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 Proposed 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 proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Differences Between This Proposed AD and the MCAI or Service
Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But
[[Page 71500]]
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 also have proposed 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 proposed AD. These
requirements, if ultimately adopted, will take precedence over the
actions copied from the MCAI.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 7 products of U.S. registry. We also estimate that
it would take about 16 work-hours per product to comply with the
proposed AD. The average labor rate is $80 per work-hour. Required
parts would cost about $100 per product. Where the service information
lists required parts costs that are covered under warranty, we have
assumed that there will be no charge for these costs. As we do not
control warranty coverage for affected parties, some parties may incur
costs higher than estimated here. Based on these figures, we estimate
the cost of the proposed AD on U.S. operators to be $9,660, or $1,380
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
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 regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Pacific Aerospace Corporation Ltd: Docket No. FAA-2006-26285;
Directorate Identifier 2006-CE-69-AD.
Comments Due Date
(a) We must receive comments by January 10, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model 750XL airplanes, serial numbers
102, 104 through 120, 122, and 125, certificated in any category.
Reason
(d) The mandatory continuing airworthiness information (MCAI)
states the finding of the possible installation of undersize rivets
in the fuselage roof at STN 180.85, BL 19.67, WL 86.2.
Actions and Compliance
(e) Unless already done, within the next 150 hours time-in-
service after the effective date of this AD, inspect the rivets in
the fuselage roof at STN 180.85, BL 19.67, WL 86.2, and replace
undersize rivets, following PAC Pacific Aerospace Corporation
Mandatory Service Bulletin PACSB/XL/019, Date Issued: April 21,
2006.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows:
No differences.
Other FAA AD Provisions
(f) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, FAA, 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, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
(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, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(g) Refer to MCAI Civil Aviation Authority AD DCA/750XL/8,
Drafted: May 9, 2006; Effective Date: August 31, 2006; and PAC
Pacific Aerospace Corporation Mandatory Service Bulletin PACSB/XL/
019, Date Issued: April 21, 2006, for related information.
Issued in Kansas City, Missouri, on December 4, 2006.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-20976 Filed 12-8-06; 8:45 am]
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