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CFR Citation: 14 CFR Part 39

Docket ID: [Docket No. FAA-2008-0175; Directorate Identifier 2007-CE-105-AD]

RIN ID: RIN 2120-AA64

NOTICE: PROPOSED RULES

ACTION: Airworthiness Directives:

DOCUMENT ACTION: Notice of proposed rulemaking (NPRM).

SUBJECT CATEGORY: Airworthiness Directives; Pacific Aerospace Limited Model 750XL Airplanes

DATES: We must receive comments on this proposed AD by March 17, 2008.

DOCUMENT 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) 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:

To prevent electrical malfunction from causing damage to the wiring that may result in arcing or fire, accomplish Pacific Aerospace Service Bulletin PACSB/XL/008.
The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.

SUMMARY: Pacific Aerospace Limited Model 750XL Airplanes,

SUPPLEMENTAL INFORMATION

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. FAA20080175, Directorate Identifier 2007CE105AD'' 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://www.regulations.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 of New Zealand (CAA), which is the aviation authority for New Zealand, has issued DCA/750XL/2, dated September 30, 2004 (referred to after this as ``the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:

To prevent electrical malfunction from causing damage to the wiring that may result in arcing or fire, accomplish Pacific Aerospace Service Bulletin PACSB/XL/008.

The MCAI requires the addition and replacement of certain pitot heat sensor circuit breakers and the addition of a cooling fan circuit fuse.

You may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

Pacific Aerospace Corporation Limited has issued Mandatory Service Bulletin PACSB/XL/008, dated July 8, 2004. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI.
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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 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 highlighted in a NOTE within the proposed AD.

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 1.5 workhours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per workhour. Required parts would cost about $181 per product.

Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $2,107, or $301 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 39AIRWORTHINESS 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 Limited: Docket No. FAA20080175, Directorate Identifier 2007CE105AD.
Comments Due Date
(a) We must receive comments by March 17, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Pacific Aerospace Limited Model 750XL airplanes, serial numbers 101 through 107, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 31: Instruments.
Reason
(e) The mandatory continuing airworthiness information (MCAI) states:

To prevent electrical malfunction from causing damage to the wiring that may result in arcing or fire, accomplish Pacific Aerospace Service Bulletin PACSB/XL/008.

The MCAI requires the addition and replacement of certain pitot heat sensor circuit breakers and the addition of a cooling fan circuit.
Actions and Compliance
(f) Unless already done, within 100 hours timeinservice after the effective date of this AD, do the following actions following Pacific Aerospace Corporation Limited Mandatory Service Bulletin PACSB/XL/008, dated July 8, 2004:
(1) For airplanes only authorized to operate under visual flight rules (VFR) flight:
(i) Add a tenamp circuit breaker supplying the pitot heat system to the left hand (LH) Switch Panel;
(ii) Replace the switching circuit breaker used as the pitot heat selector with a switch; and
(iii) Add a threeamp fuse at the power bus at the supply to the avionics cooling fan connection.
(2) For airplanes with serial numbers 101 through 107 that have been modified to operate under instrument flight rules (IFR) flight, contact Pacific Aerospace Corporation Limited at Pacific Aerospace Limited, Private Bag HN3027, Hamilton, New Zealand, telephone: +(64) 78436144, fax: +(64) 78436134, email: pacific@aerospace.co.nz., for FAAapproved procedures to comply with this AD.

FAA AD Differences

Note: This AD differs from the MCAI and/or service information as follows: No differences.
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) 3294146; fax: (816) 3294090. 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 FAAapproved. Corrective actions are considered FAA
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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 21200056.
Related Information
(h) Refer to MCAI Civil Aviation Authority of New Zealand AD DCA/750XL/2, dated September 30, 2004; and Pacific Aerospace Corporation Mandatory Service Bulletin PACSB/XL/008, dated July 8, 2004, for related information.

Issued in Kansas City, Missouri, on February 7, 2008. David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E82831 Filed 21408; 8:45 am]
BILLING CODE 491013P

FOR FURTHER INFORMATION CONTACT Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 3294146; fax: (816) 3294090.