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 http://www.
regulations.gov 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: pacific@aerospace.co.nz, internet: www.aerospace.co.nz. 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:
Karl.Schletzbaum@faa.gov.

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: http://www.regulations.gov/#!documentDetail;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.

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:
Are consistent with the intent that was proposed in the
NPRM (79 FR 42721, July 23, 2014) for correcting the unsafe condition;
and
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 http://www.regulations.
gov 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

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: