[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Rules and Regulations]
[Pages 22358-22360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10023]



[[Page 22358]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0373; Product Identifier 2018-CE-009-AD; Amendment 
39-19278; AD 2018-10-03]
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 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 abrasion damage to the wing leading edge that could result 
in a fuel leak. We are issuing this AD to require actions to address 
the unsafe condition on these products.

DATES: This AD is effective June 4, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of June 4, 2018.
    We must receive comments on this AD by June 29, 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-2018-0373.

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-
0373; 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 AD DCA/750XL/25A, dated March 22, 2018 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI 
states:

    Mandatory Service Bulletin PACSB/XL091 issue 3, dated 15 March 
2018 revised to include additional repair information, and [CAA] 
DCA/750XL/25A updated to introduce the revised SB. The MSB is issued 
to prevent abrasion damage to the wing leading edge. Chafing by the 
ventilation duct could result in a fuel leak.

The MCAI requires inspection of the wing leading edge for chafing with 
corrective action as necessary. The MCAI also requires the application 
of an anti-abrasion patch.You may examine the MCAI on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2018-0373.

Related Service Information Under 1 CFR Part 51

    Pacific Aerospace Limited has issued Mandatory Service Bulletin 
PACSB/XL/091, Issue 3, dated March 15, 2018. The service information 
describes procedures for inspecting the wing leading edge skin on both 
sides for chafing damage, correcting any damage found, and applying an 
anti-abrasion patch. 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 
abrasion damage of the wing leading edge skin could lead to a fuel 
leak. 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-2018-0373; Product 
Identifier 2018-CE-009-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.

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Costs of Compliance

    We estimate that this AD will affect 12 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. Required parts would cost about $80 per product.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $4,020, or $335 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 8 work-hours and require parts costing $210, for a cost of 
$890 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:

2018-10-03 Pacific Aerospace Limited: Amendment 39-19278; Docket No. 
FAA-2018-0373; Product Identifier 2018-CE-009-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 4, 
2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Models 750XL 
airplanes, all serial numbers up to and including 135, except serial 
number 113; certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 57: Wings.

(e) Reason

    This AD was prompted by 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 abrasion damage 
to the wing leading edge that could result in a fuel leak. We are 
issuing this AD to address the unsafe condition on these products.

 (f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) through (3) of this AD.
    (1) Within 30 days after June 4, 2018 (the effective date of 
this AD), inspect the leading edge skin of both wings at the wing 
root following the Inspection Instructions in Pacific Aerospace 
Mandatory Service Bulletin PACSB/XL/091, Issue 3, dated March 15, 
2018.
    (2) If any signs of chafing are found during the inspection 
required in paragraph (f)(1) of this AD, before further flight, 
repair following Part A--Accomplishment Instructions and Part B--
Accomplishment Instructions in Pacific Aerospace Mandatory Service 
Bulletin PACSB/XL/091, Issue 3, dated March 15, 2018.
    (3) If no signs of chafing are found during the inspection 
required in paragraph (f)(1) of this AD, before further flight, 
apply the anti-abrasion patch following Part B--Accomplishment 
Instructions in Pacific Aerospace Mandatory Service Bulletin PACSB/
XL/091, Issue 3, dated March 15, 2018.

(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 Civil Aviation Authority of New 
Zealand (CAA).

(h) Related Information

    Refer to MCAI by the CAA AD DCA/750XL/25A, dated March 22, 2018, 
for related information. You may examine the MCAI on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2018-0373.

(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/091, 
Issue 3, dated March 15, 2018.
    (ii) Reserved.

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    (3) For Pacific Aerospace 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 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-
0373.
    (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 May 4, 2018.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification 
Service.
[FR Doc. 2018-10023 Filed 5-14-18; 8:45 am]
 BILLING CODE 4910-13-P