[Federal Register Volume 85, Number 157 (Thursday, August 13, 2020)]
[Rules and Regulations]
[Pages 49238-49240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17607]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0711; Project Identifier MCAI-2020-00719-A;
Amendment 39-21188; AD 2020-16-04]
RIN 2120-AA64
Airworthiness Directives; Pacific Aerospace Limited Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Pacific Aerospace Limited Model 750XL airplanes. This AD
results from mandatory continuing airworthiness information (MCAI)
issued by the aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as an incorrect illustration of the screw jack
assembly in the airplane maintenance manual, which may cause potential
errors with installation. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective September 2, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of September 2,
2020.
The FAA must receive comments on this AD by September 28, 2020.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Pacific
Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton
3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134; email:
[email protected]; internet: https://www.aerospace.co.nz/. You
may view this referenced service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material at
the FAA, call (816) 329-4148. It is also available on the internet at
https://www.regulations.gov by searching for locating Docket No. FAA-
2020-0711.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0711; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
General Aviation & Rotorcraft Section, International Validation Branch,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4144; fax: (816) 329-4090; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The Civil Aviation Authority (CAA), which is the aviation authority
for New Zealand, has issued AD DCA/750XL/38A, dated September 5, 2019
(referred to after this as ``the MCAI''), to correct an unsafe
condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI
states:
DCA/750XL/38A with effective date 5 September 2019 and a 5 hour
TIS compliance is prompted by two reports of finding incorrectly
assembled flap screw jacks on affected aircraft. This AD is revised
to introduce Pacific Aerospace Mandatory Service Bulletin (MSB)
PACSB/XL/117 issue 2, dated 21 August 2019 and expand the AD
applicability to include additional aircraft S/N and parts held as
spares.
There are no additional AD requirements for aircraft and
affected parts in compliance with DCA/750XL/38.
A Pacific Aerospace Ltd (PAL) review of the 750XL Maintenance
Manual (MM) and the 750XL Illustrated Parts Manual (IPM) has
determined that the orientation shown in these two manuals for the
flap screw jack bearing stop is incorrect. PAL has subsequently
issued temporary revisions dated 5 June 2019, for both the 750XL MM
and the 750XL IPM to correct the orientation shown for the flap
screw jack bearing stop. These temporary revisions can be obtained
from Pacific Aerospace Ltd, Hamilton, New Zealand.
[[Page 49239]]
Due to the possibility that there may be incorrectly assembled
flap screw jack assemblies in service, this [CAA] AD is issued to
introduce the corrective actions in Pacific Aerospace Mandatory
Service Bulletin (MSB) PACSB/XL/117 issue 2, dated 21 August 2019.
The aircraft may be recovered back to a maintenance base for the
inspection, provided the flight is a non-hire or reward flight with
no passengers carried.
You may examine the MCAI on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-0711.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Pacific Aerospace Mandatory Service Bulletin
PACSB/XL/117, Issue 2, dated August 21, 2019. The service information
contains procedures for inspecting the flap screw jack assembly to
verify proper configuration of the assembly. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.
Other Related Service Information
Pacific Aerospace Limited has also issued temporary revisions for
the P-750 XSTOL Maintenance Manual for the 750XL Aircraft, Revision 16,
dated October 2018; and the P-750 XSTOL III Maintenance Manual P/N 11-
08002-1 for the 750XL (EFIS) Aircraft, Revision 2, dated August 2018.
These temporary revisions contain corrections for the orientation of
the flap screw jack bearing stop.
FAA's Determination and Requirements of the 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, it has
notified us of the unsafe condition described in the MCAI and service
information referenced above. The FAA is issuing this AD because it
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because of
the possibility there may be incorrectly assembled flap screw jack
assemblies in service, which could cause failure of the flap screw jack
and result in a failure of the flap actuator to fully extend the flaps
during the completion of a final approach. This condition, if not
detected and corrected, could result in a longer landing distance and a
possible runway overrun condition. The risk assessment received by the
FAA, and reconfirmed in July of 2020, indicates that urgent action is
required. Therefore, the FAA finds good cause that notice and
opportunity for prior public comment are impracticable. In addition,
for the reason stated above, the FAA finds that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the Docket Number FAA-2020-
0711 and Product Identifier MCAI-2020-00719-A at the beginning of your
comments. We will post all comments we receive, without change, to
https://www.regulations.gov, including any personal information you
provide.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments we receive, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact we receive about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Mike
Kiesov, Aerospace Engineer, FAA, General Aviation & Rotorcraft Section,
International Validation Branch, 901 Locust, Room 301, Kansas City,
Missouri 64106. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Costs of Compliance
The FAA estimates that this AD will affect 22 products of U.S.
registry. The FAA also estimates that it will take 1 work-hour per
product to comply with the inspection requirement of this AD. The
average labor rate is $85 per work-hour.
Based on these figures, the FAA estimates the cost of the
inspection for U.S. operators to be $1,870, or $85 per product.
In addition, the FAA estimates that any necessary follow-on actions
will take 4 work-hours and require parts costing $50, for a cost of
$390 per product. The FAA has no way of determining the number of
products that may need these actions.
According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. The FAA does not control warranty coverage for affected
individuals. As a result, the FAA has included all costs in our cost
estimate.
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.
The FAA is 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 Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because FAA
[[Page 49240]]
has determined that it has good cause to adopt this rule without notice
and comment, RFA analysis is not required.
Regulatory Findings
The FAA has 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
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 airworthiness
directive:
2020-16-04 Pacific Aerospace Limited: Amendment 39-21188; Docket No.
FAA-2020-0711; Project Identifier MCAI-2020-00719-A.
(a) Effective Date
This airworthiness directive (AD) becomes effective September 2,
2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Pacific Aerospace Limited Model 750XL
airplanes, serial numbers 101 through to 215, 220, 8001, and 8002,
certificated in any category.
(d) Subject
Air Transport Association of America (ATA) Code 27: Flight
Controls.
(e) Reason
This AD was prompted by an incorrect illustration of the screw
jack assembly in the airplane maintenance manual, thus causing
potential errors with installation. The FAA is issuing this AD to
require an inspection of the flap screw jack assembly to verify
proper configuration of the assembly and make the correction if
found improperly installed. This unsafe condition, if not addressed,
could cause fatigue failure of a flap screw jack, which could result
in a failure of the flap actuator to fully extend the flaps during
the completion of a final approach, a longer landing distance, and
consequent runway overrun condition.
(f) Actions and Compliance
Unless already done, do the following actions in paragraphs
(f)(1) and (2) of this AD.
(1) Within 20 hours time-in-service after September 2, 2020 (the
effective date of this AD), inspect the left hand (LH) and right
hand (RH) flap screw jack assemblies for proper installation by
following the Accomplishment Instructions, paragraphs A.1) through
A.3), of Pacific Aerospace Mandatory Service Bulletin (MSB) PACSB/
XL/117, Issue 2, dated August 21, 2019 (PACSB/XL/117, Issue 2). If a
flap screw jack assembly is not properly installed as shown in
figures 1 and 2 of PACSB/XL/117, Issue 2, before further flight,
comply with the Accomplishment Instructions, Part B, of PACSB/XL/
117, Issue 2.
(2) As of September 2, 2020 (the effective date of this AD), do
not install a LH flap screw jack assembly P/N 11-45621-1 or RH flap
screw jack assembly P/N 11-45622-1 on any airplane, unless it is
installed in accordance with the Accomplishment Instructions, Part
B, of PACSB/XL/117, Issue 2.
(g) Credit for Previous Actions
You may take credit for the actions required by paragraph (f)(1)
of this AD if you performed those actions before the effective date
of this AD using Pacific Aerospace MSB PACSB/XL/117, Issue 1, dated
June 7, 2019.
(h) Special Flight Permit
Special flight permits may be issued may be issued for the
purpose of operating the airplane to a location where the
requirements of this AD can be performed with the following
limitations: Flights must not carry passengers.
(i) Alternative Methods of Compliance (AMOCs)
The Manager, Small Airplane Standards Branch, 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: Mike
Kiesov, Aerospace Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone: (816) 329-4144; fax: (816)
329-4090; email: [email protected]. 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.
(j) Related Information
Refer to mandatory continuing airworthiness information (MCAI)
New Zealand Civil Aviation Authority AD No. DCA/750XL/38A, dated
September 5, 2019, for related information. You may examine the MCAI
on the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0711.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 Mandatory Service Bulletin PACSB/XL/117,
Issue 2, dated August 21, 2019.
(ii) [Reserved]
(3) For Pacific Aerospace Limited service information identified
in this AD, contact Pacific Aerospace Limited, Airport Road,
Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64
7843 6144; fax: +64 7843 6134; email: [email protected];
internet: https://www.aerospace.co.nz/.
(4) You may view this referenced service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call (816) 329-4148. It is
also available on the internet at https://www.regulations.gov by
searching for Docket No. FAA-2020-0711.
(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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on July 29, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-17607 Filed 8-12-20; 8:45 am]
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