[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Rules and Regulations]
[Pages 6112-6114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02611]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0066; Product Identifier 2017-CE-046-AD; Amendment 
39-19187; AD 2018-03-14]
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: 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 the aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as non-conforming fuel tank caps, which could lead to fuel 
loss during flight. We are issuing this AD to require actions to 
address the unsafe condition on these products.

DATES: This AD is effective March 5, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 5, 
2018.
    We must receive comments on this AD by March 30, 2018.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://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: www.aerospace.co.nz. You may view 
this referenced 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 http://www.regulations.gov by 
searching for locating Docket No. FAA-2018-0066.

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-2018-
0066; 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 (telephone (800) 
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, 
Small Airplane Standards 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 CAA AD DCA/750XL/20 (referred to after this 
as ``the MCAI''), to address an unsafe condition for Pacific Aerospace 
Limited Model 750XL airplanes. To accompany that MCAI, the CAA issued 
Notification of Airworthiness Directive issued for New Zealand 
Aeronautical Products IAW ICAO Annex 8, dated December 8, 2017; the 
Notification states:

    The [CAA] AD is prompted by the possibility that non-conforming 
fuel tank caps may be installed on certain aircraft, which could 
result in fuel loss from the aircraft fuel tanks. The POH supplement 
requires an inspection of the fuel tank caps before every flight, 
and careful monitoring of the aircraft quantity indication system 
for fuel use above normal consumption throughout the flight, until a 
maintenance engineer inspects the fuel tank caps per requirements 2 
of the [CAA] AD.

This AD requires inspection of the fuel tank caps and replacement of 
the fuel tank caps if damaged or non-conforming caps are found. You may 
examine the MCAI on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2018-0066.

[[Page 6113]]

Related Service Information Under 1 CFR Part 51

    Pacific Aerospace Limited issued Pacific Aerospace Mandatory 
Service Bulletin PACSB/XL/089, Issue 01; dated December 8, 2017, which 
describes procedures for inspection and replacement of the fuel tank 
caps. The CAA issued Supplement to AIR 2825 and AIR 3237, Section 2, 
Limitations, Revision 1, dated December 8, 2017, which is a supplement 
to the pilot's operating handbook/airplane flight manual and describes 
procedures for inspection of the fuel tank caps and procedures for 
monitoring fuel consumption. 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 of the AD.

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, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
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 non-
conforming fuel tank caps could result in fuel loss and lead to fuel 
starvation and inflight engine shutdown. Therefore, we determined that 
notice and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2018-0066; Directorate 
Identifier 2017-CE-046-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    We estimate that this AD will affect 22 products of U.S. registry. 
We also estimate that it would take about 3 work-hours 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 $5,610, or $255 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 8 work-hours and require parts costing $1,540, for a cost of 
$2,220 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.
    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 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 that 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.

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 AD:

2018-03-14 Pacific Aerospace Limited: Amendment 39-19187; Docket No. 
FAA-2018-0066; Product Identifier 2017-CE-046-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 5, 
2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Models 750XL 
airplanes, serial numbers 101 through 205, 208, 210, 214, and 216, 
certificated in any category.

[[Page 6114]]

(d) Subject

    Air Transport Association of America (ATA) Code 28: Fuel.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and address an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as non-conforming 
fuel tank caps. We are issuing this AD to detect and address non-
conforming fuel tank caps, which could result in fuel loss and lead 
to fuel starvation and inflight engine shutdown.

(f) Actions and Compliance

    Unless already done, do the following actions.
    (1) Within 15 days after March 5, 2018 (the effective date of 
this AD), insert the CAA, Civil Aviation Authority of New Zealand, 
Supplement to AIR 2825 and AIR 3237, Section 2, Limitations, 
Revision 1, dated December 8, 2017, into the pilot's operating 
handbook/airplane flight manual (POH/AFM).
    (2) Within 45 days after March 5, 2018 (the effective date of 
this AD), inspect the fuel tank caps, part number (P/N) 457-1015-12, 
following the Accomplishment Instructions in Pacific Aerospace 
Mandatory Service Bulletin, PACSB/XL/089, Issue 01, dated December 
8, 2017.
    (3) If a damaged or non-conforming fuel tank cap is found during 
the inspection required in paragraph (f)(2) of this AD, before 
further flight, replace any damaged or non-conforming fuel tank cap 
with a modified fuel tank cap, P/N 11-21087-1.
    (4) After replacement of damaged or non-conforming fuel tank 
caps with P/N 11-21087-1, as required in paragraph (f)(3) of this 
AD, remove the CAA Supplement to AIR 2825 and AIR 3237, Section 2, 
Limitations, Revision 1, dated December 8, 2017, from the POH/AFM.
    (5) Replacement of damaged or non-conforming fuel tank caps with 
P/N 11-21087-1, as required in paragraph (f)(3) of this AD, 
terminates the repetitive inspections required in the CAA Supplement 
to AIR 2825 and AIR 3237, Section 2, Limitations, Revision 1, dated 
December 8, 2017.
    (6) Long-range aircraft delivery ferry flights and oceanic 
flights are prohibited until the inspection required in paragraph 
(f)(2) of this AD and any necessary replacements required by 
paragraph (f)(3) of this AD have been completed.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) 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, Small Airplane Standards 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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, Small Airplane 
Standards Branch, FAA; or the CAA, which is the aviation authority 
for New Zealand.

(h) Related Information

    Refer to MCAI from the CAA, AD DCA/750XL/20, dated December 8, 
2017; Pacific Aerospace Mandatory Service Bulletin PACSB/XL/089, 
Issue 01, dated December 8, 2017; and CAA Supplement to AIR 2825 and 
AIR 3237 (POH/AFM), Section 2, Limitations, Revision 1, dated 
December 8, 2017, for related information. You may examine the MCAI 
on the internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2018-0066.

(i) 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 the AD specifies otherwise.
    (i) Pacific Aerospace Mandatory Service Bulletin PACSB/XL/089, 
Issue 01, dated December 8, 2017.
    (ii) CAA, Civil Aviation Authority of New Zealand, Supplement to 
AIR 2825 and AIR 3237, Section 2, Limitations, Revision 1, dated 
December 8, 2017.
    (3) 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: www.aerospace.co.nz.
    (4) You may view this referenced 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 
http://www.regulations.gov by searching for locating Docket No. FAA-
2018-0066.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on January 25, 2018.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification 
Service.
[FR Doc. 2018-02611 Filed 2-12-18; 8:45 am]
BILLING CODE 4910-13-P