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Federal Register / Vol. 72, No.

161 / Tuesday, August 21, 2007 / Rules and Regulations 46541

DEPARTMENT OF TRANSPORTATION To prevent damage to the rear spar due to Part A, Subpart III, Section 44701:
working and failing rivets between the rear General requirements.’’ Under that
Federal Aviation Administration spar and the inboard rib * * * section, Congress charges the FAA with
The MCAI requires inspecting the promoting safe flight of civil aircraft in
14 CFR Part 39 inboard end of the rear spar for security air commerce by prescribing regulations
[Docket No. FAA–2007–27864 Directorate of the blind rivets, inspecting the radii for practices, methods, and procedures
Identifier 2007–CE–038–AD; Amendment of the rear spar upper and lower flanges the Administrator finds necessary for
39–15161; AD 2007–17–03] for cracking, inspecting the aft flange of safety in air commerce. This regulation
the inboard rib for cracking, replacing is within the scope of that authority
RIN 2120–AA64 the rear spar if cracks are found in any because it addresses an unsafe condition
Airworthiness Directives; Pacific of the inspections, and replacing rear that is likely to exist or develop on
Aerospace Corporation, Ltd. Model spar blind rivets with bolts or rivets. products identified in this rulemaking
750XL Airplanes Comments action.

AGENCY: Federal Aviation We gave the public the opportunity to Regulatory Findings
Administration (FAA), Department of participate in developing this AD. We
We determined that this AD will not
Transportation (DOT). received no comments on the NPRM or
have federalism implications under
ACTION: Final rule. on the determination of the cost to the
Executive Order 13132. This AD will
public.
not have a substantial direct effect on
SUMMARY: We are adopting a new
Conclusion the States, on the relationship between
airworthiness directive (AD) for the
We reviewed the available data and the national government and the States,
products listed above. This AD results
determined that air safety and the or on the distribution of power and
from mandatory continuing
public interest require adopting the AD responsibilities among the various
airworthiness information (MCAI)
as proposed. levels of government.
issued by an aviation authority of
another country to identify and correct Differences Between This AD and the For the reasons discussed above, I
an unsafe condition on an aviation MCAI or Service Information certify this AD:
product. The MCAI describes the unsafe (1) Is not a ‘‘significant regulatory
condition as: We have reviewed the MCAI and
action’’ under Executive Order 12866;
related service information and, in
To prevent damage to the rear spar due to general, agree with their substance. But (2) Is not a ‘‘significant rule’’ under
working and failing rivets between the rear we might have found it necessary to use DOT Regulatory Policies and Procedures
spar and the inboard rib * * * (44 FR 11034, February 26, 1979); and
different words from those in the MCAI
We are issuing this AD to require to ensure the AD is clear for U.S. (3) Will not have a significant
actions to correct the unsafe condition operators and is enforceable. In making economic impact, positive or negative,
on these products. these changes, we do not intend to differ on a substantial number of small entities
DATES: This AD becomes effective substantively from the information under the criteria of the Regulatory
September 25, 2007. provided in the MCAI and related Flexibility Act.
On September 25, 2007, the Director service information.
We prepared a regulatory evaluation
of the Federal Register approved the We might also have required different
of the estimated costs to comply with
incorporation by reference of certain actions in this AD from those in the
this AD and placed it in the AD Docket.
publications listed in this AD. MCAI in order to follow FAA policies.
ADDRESSES: You may examine the AD Any such differences are highlighted in Examining the AD Docket
docket on the Internet at http:// a Note within the AD.
You may examine the AD docket on
dms.dot.gov or in person at Document Costs of Compliance the Internet at http://dms.dot.gov; or in
Management Facility, U.S. Department
We estimate that this AD will affect 7 person at the Docket Management
of Transportation, Docket Operations,
products of U.S. registry. We also Facility between 9 a.m. and 5 p.m.,
M–30, West Building Ground Floor,
estimate that it will take about 40 work- Monday through Friday, except Federal
Room W12–140, 1200 New Jersey
hours per product to comply with basic holidays. The AD docket contains the
Avenue, SE., Washington, DC 20590.
requirements of this AD. The average NPRM, the regulatory evaluation, any
FOR FURTHER INFORMATION CONTACT: Karl labor rate is $80 per work-hour. comments received, and other
Schletzbaum, Aerospace Engineer, FAA, Required parts will cost about $200 per information. The street address for the
Small Airplane Directorate, 901 Locust, product. Docket Office (telephone (800) 647–
Room 301, Kansas City, Missouri 64106; Based on these figures, we estimate 5527) is in the ADDRESSES section.
telephone: (816) 329–4146; fax: (816) the cost of this AD to the U.S. operators Comments will be available in the AD
329–4090. to be $23,800 or $3,400 per product. docket shortly after receipt.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking List of Subjects in 14 CFR Part 39
Discussion Title 49 of the United States Code
Air transportation, Aircraft, Aviation
We issued a notice of proposed specifies the FAA’s authority to issue
safety, Incorporation by reference,
rulemaking (NPRM) to amend 14 CFR rules on aviation safety. Subtitle I,
Safety.
part 39 to include an AD that would section 106, describes the authority of
apply to the specified products. That the FAA Administrator. ‘‘Subtitle VII: Adoption of the Amendment
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NPRM was published in the Federal Aviation Programs,’’ describes in more


Register on June 15, 2007 (72 FR 33166). detail the scope of the Agency’s ■ Accordingly, under the authority
That NPRM proposed to correct an authority. delegated to me by the Administrator,
unsafe condition for the specified We are issuing this rulemaking under the FAA amends 14 CFR part 39 as
products. The MCAI states: the authority described in ‘‘Subtitle VII, follows:

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46542 Federal Register / Vol. 72, No. 161 / Tuesday, August 21, 2007 / Rules and Regulations

PART 39—AIRWORTHINESS the rear spar and the aft end of the inboard Counsel, 901 Locust, Room 506, Kansas City,
DIRECTIVES rib with bolts or rivets. Missouri 64106; or at the National Archives
(4) After the modification required in and Records Administration (NARA). For
■ 1. The authority citation for part 39 paragraph (f)(3) of this AD, repetitively information on the availability of this
continues to read as follows: inspect the main wing aft attachment area at material at NARA, call 202–741–6030, or go
intervals not to exceed 12 months or 300 to: http://www.archives.gov/federal-register/
Authority: 49 U.S.C. 106(g), 40113, 44701. hours TIS, whichever occurs first. If any cfr/ibr-locations.html.
§ 39.13 [Amended] cracks are found, prior to further flight, repair
Issued in Kansas City, Missouri, on August
the main wing aft attachment area.
■ 2. The FAA amends § 39.13 by adding 8, 2007.
the following new AD: FAA AD Differences John R. Colomy,
2007–17–03 Pacific Aerospace Corporation, Note: This AD differs from the MCAI and/ Acting Manager, Small Airplane Directorate,
Ltd.: Amendment 39–15161; Docket No. or service information as follows: No Aircraft Certification Service.
FAA–2007–27864; Directorate Identifier differences. [FR Doc. E7–15978 Filed 8–20–07; 8:45 am]
2007–CE–038–AD. BILLING CODE 4910–13–P
Other FAA AD Provisions
Effective Date (g) The following provisions also apply to
(a) This airworthiness directive (AD) this AD: DEPARTMENT OF TRANSPORTATION
becomes effective September 25, 2007. (1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Staff, Federal Aviation Administration
Affected ADs
FAA, ATTN: Karl Schletzbaum, Aerospace
(b) None. Engineer, FAA, Small Airplane Directorate,
901 Locust, Room 301, Kansas City, Missouri 14 CFR Part 39
Applicability
64106; telephone: (816) 329–4146; fax: (816) [Docket No. FAA–2007–27191; Directorate
(c) This AD applies to Model 750XL 329–4090, has the authority to approve
airplanes, serial numbers 101, 102, and 104 Identifier 2007–CE–007–AD; Amendment
AMOCs for this AD, if requested using the 39–15167; AD 2007–17–09]
through 128, certificated in any category. procedures found in 14 CFR 39.19. Before
Subject using any approved AMOC on any airplane RIN 2120–AA64
to which the AMOC applies, notify your
(d) Air Transport Association of America Airworthiness Directives; Mitsubishi
appropriate principal inspector (PI) in the
(ATA) Code 57: Wings. Heavy Industries MU–2B Series
FAA Flight Standards District Office (FSDO),
Reason or lacking a PI, your local FSDO. Airplanes
(e) The mandatory continuing (2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from AGENCY: Federal Aviation
airworthiness information (MCAI) states: Administration (FAA), Department of
a manufacturer or other source, use these
To prevent damage to the rear spar due to actions if they are FAA-approved. Corrective Transportation (DOT).
working and failing rivets between the rear actions are considered FAA-approved if they ACTION: Final rule.
spar and the inboard rib * * * are approved by the State of Design Authority
The MCAI requires inspecting the inboard (or their delegated agent). You are required SUMMARY: We are adopting a new
end of the rear spar for security of the blind to assure the product is airworthy before it airworthiness directive (AD) to
rivets, inspecting the radii of the rear spar is returned to service. supersede 93–07–11 and AD 94–04–16,
upper and lower flanges for cracking, (3) Reporting Requirements: For any
inspecting the aft flange of the inboard rib for
which apply to certain Mitsubishi
reporting requirement in this AD, under the
cracking, replacing the rear spar if cracks are provisions of the Paperwork Reduction Act
Heavy Industries MU–2B series
found in any of the inspections, and (44 U.S.C. 3501 et seq.), the Office of airplanes. AD 93–07–11 and AD 94–04–
replacing the rear spar blind rivets with bolts Management and Budget (OMB) has 16 currently require you to reduce the
or rivets. approved the information collection maximum deflection of the elevator
Actions and Compliance requirements and has assigned OMB Control nose-down trim to a 1-degree to 3-
Number 2120–0056. degree range. When the above AD
(f) Unless already done, do the following actions were issued, there was no
actions in accordance with Pacific Aerospace Related Information
Limited Mandatory Service Bulletin PACSB/
associated elevator trim indicator
(h) Refer to the Civil Aviation Authority
XL/022, dated February 14, 2007: (CAA), which is the airworthiness authority
change. Without such change, the trim
(1) Within 50 hours time-in-service (TIS) for New Zealand AD DCA/750XL/9, dated reaches the maximum nose-down limit
after September 25, 2007 (the effective date March 29, 2007; and Pacific Aerospace and the indicator still shows additional
of this AD), and thereafter at intervals not to Limited Mandatory Service Bulletin PACSB/ nose-down trim available. In attempting
exceed 150 hours TIS until the blind rivets XL/022, dated February 14, 2007, for related to force additional nose-down trim,
have been replaced by bolts or rivets as information. pilots have manually jammed the trim
required in paragraph (f)(3) of this AD, system preventing subsequent electric
inspect the inboard end of the rear spar for Material Incorporated by Reference
trim changes until the pilot manually
security of the blind rivets, which attach the You must use Pacific Aerospace Limited
fuselage attach fitting to the rear spar and Mandatory Service Bulletin PACSB/XL/022,
freed the trim wheel. Consequently, this
inboard rib; inspect the radii of the rear spar dated February 14, 2007, to do the actions AD retains the actions from AD 93–07–
upper and lower flanges for cracking; and required by this AD, unless the AD specifies 11 and AD 94–04–16 and adds the
inspect the aft flange of the inboard rib for otherwise. action of modifying the elevator trim
cracking. (1) The Director of the Federal Register indicator scale dial to be consistent with
(2) Before further flight, after any approved the incorporation by reference of the reduced elevator trim capability. We
inspection where cracking is found, repair this service information under 5 U.S.C. are issuing this AD to prevent the above
the aft flange of the inboard rib and/or 552(a) and 1 CFR part 51. scenarios from occurring with
replace the rear spar. (2) For service information identified in consequent loss of control.
(3) Within the next 12 months after this AD, contact Pacific Aerospace Limited,
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September 25, 2007 (the effective date of this Hamilton Airport, Private Bag, 3027 DATES: This AD becomes effective on
AD) or within the next 300 hours TIS after Hamilton, New Zealand; telephone: +64 7– September 25, 2007.
September 25, 2007 (the effective date of this 843–6144; facsimile: +64 7–843–6134. On September 25, 2007, the Director
AD), whichever occurs first, replace the blind (3) You may review copies at the FAA, of the Federal Register approved the
rivets (part number NAS1738E–6–6) that join Central Region, Office of the Regional incorporation by reference of Mitsubishi

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