[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Rules and Regulations]
[Pages 15052-15054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05368]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0181; Product Identifier 2019-CE-026-AD; Amendment
39-21030; AD 2020-04-13]
RIN 2120-AA64
Airworthiness Directives; Daher Aircraft Design, LLC (Type
Certificate Previously Held by Quest Aircraft Design, LLC) 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 all
Daher Aircraft Design, LLC (type certificate previously held by Quest
Aircraft Design, LLC (Quest)) Model KODIAK 100 airplanes. This AD
requires revising the pilot's operating handbook and FAA approved
airplane flight manual (POH/AFM) or supplement 5 to the POH/AFM. This
AD was prompted by incorrect low weight landing distances in the
performance section of the POH/AFM and supplement 5 to the POH/AFM. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective April 1, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 1,
2020.
The FAA must receive comments on this AD by May 1, 2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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 final rule, contact
Kodiak Aircraft Company, Inc., 1200 Turbine Drive, Sandpoint, Idaho
83864; phone: (208) 263-1111 or (866) 263-1112; email:
[email protected]; internet: https://Kodiak.aero/support. You may
view this service information at the FAA, Policy and Innovation
Division, 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 and locating Docket No. FAA-2020-0181.
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-
0181; 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 final rule, 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: Brian Knaup, Aerospace Engineer,
Seattle ACO Branch, FAA, 2200 S 216th St., Des Moines, Washington
98198; telephone and fax: (206) 231-3502; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The FAA was notified by Quest (now Daher Aircraft Design, LLC) that
the performance section in the Kodiak 100 Series POH/AFM, revisions 8
through 21, and supplement 5, initial release and revision 01, to the
POH/AFM were published with incorrect low weight landing distances in
the ``Obstacle Landing Distance'' tables. The landing distances for
6,000 lbs., 5,000 lbs., and 4,000 lbs. were incorrectly calculated and
show values up to 520 feet shorter than actual expected performance.
However, the landing distances for 6,690 lbs. are accurate.
Model Kodiak 100 airplanes were originally type certificated with a
gross weight of 6,690 lbs. Under an amended type certificate, serial
numbers 100-0035 and subsequent were produced with an increased gross
weight configuration of 7,255 lbs. and delivered with a POH/AFM
(revisions 8 through 21) that contained limitations and performance
data for the increased gross weight. For airplanes with serial numbers
produced before 100-0035, Quest issued Service Notice SN-025 as an
optional retrofit to increase the gross weight. Airplanes retrofitted
with SN-025 were provided a supplement 5 to the POH/AFM (revision 1
through 7) that contained the limitations and performance changes
associated with the increased gross weight.
Quest issued revision 22 of the POH/AFM to correct the landing
distances data in the ``Obstacle Landing Distance'' table and to
correct other errors and inconsistencies throughout the document.
If not corrected, incorrect obstacle landing distances for weights
below max gross weight could result in a runway overrun. The FAA is
issuing this AD to address the unsafe condition on these products.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Table 5-19: Obstacle Landing Distance, pages 5_68
and 5_69, of Section 5, Performance, of the KODIAK 100 Series Aircraft
Pilot's Operating Handbook and FAA Approved Airplane Flight Manual
(Document No: AM901.0), Revision 22, dated April 10, 2019. These pages
contain correct landing distance data in the ``Obstacle Landing
Distance'' table. 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
The FAA reviewed Quest Safety Communique, QSC-011, Revision 00,
dated April 1, 2019. This document notifies owner/operators of the
incorrect data in the ``Obstacle Landing Distance'' table and
recommends they revise their procedures until the corrected data is
available.
FAA's Determination
The FAA is issuing this AD because it evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
[[Page 15053]]
AD Requirements
This AD requires revising the performance section of the POH/AFM or
supplement 5 to the POH/AFM by removing the existing ``Obstacle Landing
Distance'' table and replacing it with the ``Obstacle Landing
Distance'' table found in revision 22 of the POH/AFM. This AD specifies
that the owner/operator (pilot) may revise the AFM. Revising an AFM is
not considered a maintenance action and may be done by a pilot holding
at least a private pilot certificate. This action must be recorded in
the aircraft maintenance records to show compliance with this AD.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because a pilot using discrepant obstacle landing distance data could
result in overrunning the runway on landing. Since the runway overrun
could occur on any landing, the FAA requires compliance with this AD
before further flight. 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, the FAA invites 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-
0181 and Product Identifier 2019-CE-026-AD at the beginning of your
comments. The FAA specifically invites comments on the overall
regulatory, economic, environmental, and energy aspects of this final
rule. The FAA will consider all comments received by the closing date
and may amend this final rule because of those comments.
The FAA will post all comments received, 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 received about this final rule.
Costs of Compliance
The FAA estimates that this AD affects 99 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Replace the ``Obstacle Landing .5 work-hour x $85 Not applicable....... $42.50 $4,207.50
Distance'' table. per hour = $42.50.
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This AD allows the owner/operator (pilot) to replace the affected
table in the POH/AFM or supplement 5 to the POH/AFM required by this
AD. According to Quest, they will provide one full copy of Quest
Aircraft KODIAK 100 Series Aircraft Pilot's Operating Handbook and FAA
Approved Airplane Flight Manual (Document No: AM901.0), Revision 22,
dated April 10, 2019, to operators. However, the FAA does not control
warranty coverage for affected individuals.
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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.
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 has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Regulatory Findings
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.
[[Page 15054]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2020-04-13 Daher Aircraft Design, LLC (Type Certificate Previously
Held by Quest Aircraft Design, LLC): Amendment 39-21030; Docket No.
FAA-2020-0181; Product Identifier 2019-CE-026-AD.
(a) Effective Date
This AD is effective April 1, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Quest Aircraft Design, LLC (type certificate
data sheet currently held by Daher Aircraft Design, LLC) Model
KODIAK 100 airplanes, serial numbers 100-0001 through 100-0273,
certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 91, Charts.
(e) Unsafe Condition
This AD was prompted by incorrect low weight landing distances
in the ``Obstacle Landing Distance'' table, located either in the
performance section of the pilot's operating handbook and FAA
approved airplane flight manual (POH/AFM) or in supplement 5 to the
POH/AFM. The FAA is issuing this AD to prevent pilots from using
incorrect obstacle landing distance performance charts for weights
below maximum gross weight. The unsafe condition, if not addressed,
could result in pilots miscalculating the required landing distance,
which could lead to a runway overrun.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revise the POH/AFM
(1) Before further flight after April 1, 2020 (the effective
date of this AD), revise the POH/AFM for your airplane by removing
the ``Obstacle Landing Distance'' table (2 pages) and replacing it
with Table 5-19, Obstacle Landing Distance, pages 5_68 and 5_69,
Section 5, Performance, from Quest Aircraft Kodiak 100 Series
Aircraft, Pilot's Operating Handbook and FAA Approved Airplane
Flight Manual (Document No: AM901.0), Revision 22, dated April 10,
2019.
Note 1 to paragraph (g)(1) of this AD: The Obstacle Landing
Distance table may be located either in the Performance section
(Section 5) of the POH/AFM or in supplement 5 to the POH/AFM,
depending on the revision level of your POH/AFM.
(2) The actions required by paragraphs (g)(1) of this AD may be
performed by the owner/operator (pilot) holding at least a private
pilot certificate and must be entered into the aircraft records
showing compliance with this AD in accordance with 14 CFR 43.9(a)(1)
through (4) and 91.417(a)(2)(v). The record must be maintained as
required by 14 CFR 91.417, 121.380, or 135.439.
(h) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (i) of this AD.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
(i) Related Information
(1) For more information about this AD, contact Brian Knaup,
Aerospace Engineer, Seattle ACO Branch, FAA, 2200 S 216th St., Des
Moines, Washington 98198; telephone and fax: (206) 231-3502; email:
[email protected].
(2) Quest Aircraft Quest Safety Communique, QSC-011, Revision
00, dated April 1, 2019, contains additional information related to
this AD. You may obtain a copy of this document using the contact
information in paragraph (j)(3) of this AD.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 this AD specifies otherwise.
(i) Table 5-19, Obstacle Landing Distance, pages 5_68 and 5_69,
of Section 5, Performance, of the Quest Aircraft Kodiak 100 Series
Aircraft Pilot's Operating Handbook and FAA Approved Airplane Flight
Manual (Document No: AM901.0), Revision 22, dated April 10, 2019.
(ii) [Reserved]
(3) For Quest Aircraft Company LLC service information
identified in this AD, contact Kodiak Aircraft Company Inc.
(formerly Quest Aircraft Company LLC), 1200 Turbine Drive,
Sandpoint, Idaho 83864; phone: (208) 263-1111 or 1 (866) 263-1112;
email: [email protected]; internet: https://Kodiak.aero/support.
(4) You may view this service information at the FAA, Policy and
Innovation Division, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
(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 in Kansas City, Missouri, on February 27, 2020.
Patrick R. Mullen,
Aircraft Certification Service, Manager, Small Airplane Standards
Branch, AIR-690.
[FR Doc. 2020-05368 Filed 3-16-20; 8:45 am]
BILLING CODE 4910-13-P