[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Proposed Rules]
[Pages 28171-28173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12886]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / 
Proposed Rules  

[[Page 28171]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 14 CFR Part 39

[Docket No. FAA-2018-0422; Product Identifier 2018-CE-015-AD]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2015-23-
03 for Pacific Aerospace Limited Model 750XL airplanes. This proposed 
AD results from mandatory continuing airworthiness information (MCAI) 
originated by an aviation authority of another country to identify and 
correct an unsafe condition on an aviation product. The MCAI describes 
the unsafe condition as fatigue cracks on the fin forward pickup 
plates. We are issuing this proposed AD to require actions to address 
the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by August 2, 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 proposed 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 
review copies of the 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.

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-
0422; 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 proposed 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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2018-0422; 
Product Identifier 2018-CE-015-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this proposed AD. We will consider 
all comments received by the closing date and may amend this proposed 
AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We issued AD 2015-23-03, Amendment 39-18319 (80 FR 69569; November 
10, 2015) (``AD 2015-23-03''). That AD required actions intended to 
address an unsafe condition on Pacific Aerospace Limited Model 750XL 
airplanes and was based on mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country.
    Since we issued AD 2015-23-03, a new part number (P/N) hi-lok 
fastener has become available due to limited availability of the 
original hi-lok P/N.
    The Civil Aviation Authority of New Zealand (CAA), has issued DCA/
750XL/18B, dated February 28, 2018 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for Pacific Aerospace Limited 
Model 750XL airplanes. The MCAI states:

    This (CAA) AD revised to introduce Pacific Aerospace Limited 
Mandatory Service Bulletin (MSB) PACSB/XL/068 issue 6, dated 8 
January 2018. The changes to the SB are limited to minor editorial 
changes, and the addition of alternate P/N hi-lok fasteners due to 
limited availability of the original P/N. There are no changes to 
the AD applicability or the requirements.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0422.

Related Service Information Under 1 CFR Part 51

    Pacific Aerospace Limited has issued Pacific Aerospace Service 
Bulletin PACSB/XL/068, Issue 6, dated January 8, 2018. The service 
information describes procedures for reducing the torque setting for 
the fin forward pickup bolt. The service bulletin also introduces a 
new, improved replacement fin forward pickup plate, part number (P/N) 
11-0375-1, to replace P/N 11-10281-1. 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.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation

[[Page 28172]]

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 proposing this AD because we evaluated all information 
and determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

Costs of Compliance

    We estimate that this AD will affect 22 products of U.S. registry. 
We also estimate that it will take about 22 work-hours per product to 
comply with all the requirements of this AD. The average labor rate is 
$85 per work-hour. Required parts will cost about $1,692 per product.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $78,364, or $3,562 per product.

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 products to the Director of the Policy and Innovation 
Division.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 removing Amendment 39-18319 (80 FR 
69569; November 10, 2015), and adding the following new AD:

Pacific Aerospace Limited: Docket No. FAA-2018-0422; Product 
Identifier 2018-CE-015-AD.

(a) Comments Due Date

    We must receive comments by August 2, 2018.

(b) Affected ADs

    This AD replaces AD 2015-23-03, Amendment 39-18319 (80 FR 69569; 
November 10, 2015) (``AD 2015-23-03'').

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, all serial numbers through XL-193, XL-195, and XL-197, 
certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 53: Fuselage.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as fatigue cracks 
on the fin forward pickup plates. We are issuing this AD to detect 
and correct cracked fin forward pickup plates to prevent failure of 
the fin forward pickup plates, which could result in reduced 
control.

(f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) through 
(f)(4) of this AD:
    (1) Within the next 150 hours time-in-service (TIS) after the 
effective date of this AD, reduce the fin forward pickup bolt torque 
following the procedures in section 1.D., paragraphs A. 1) and A. 2) 
of the PLANNING INFORMATION in Pacific Aerospace Limited Mandatory 
Service Bulletin PACSB/XL/068, Issue 6, dated January 8, 2018.
    (2) At or before reaching 2,000 hours total time-in-service 
(TTIS) or within the next 150 hours TIS after the effective date of 
this AD, whichever occurs later, and repetitively thereafter at 
intervals not to exceed 600 hours TIS or 12 months, whichever occurs 
first, do a detailed visual inspection and liquid penetrant 
inspection of the fin forward pickup plates for any evidence of 
cracking. Do the inspections following the procedures in sections 
2.A. and 2.B. of the ACCOMPLISHMENT INSTRUCTIONS in Pacific 
Aerospace Limited Mandatory Service Bulletin PACSB/XL/068, Issue 6, 
dated January 8, 2018.
    (3) If cracks are found in either of the forward pickup plates 
during any inspection required in paragraph (f)(2) of this AD, 
before further flight, replace both fin forward pickup plates with 
new fin forward pickup plates, part number (P/N) 11-03375-1. Do the 
replacement following the procedures in section 2.C. of the 
ACCOMPLISHMENT INSTRUCTIONS in Pacific Aerospace Limited Mandatory 
Service Bulletin PACSB/XL/068, Issue 6, dated January 8, 2018. This 
replacement terminates the repetitive inspections required in 
paragraph (f)(2) of this AD.
    (4) If no cracks are found during any inspection required in 
paragraph (f)(2) of this AD, at or before reaching 6,000 hours TTIS 
or within the next 600 hours TIS after the effective date of this 
AD, whichever occurs later, replace both fin forward pickup plates, 
P/N 11-10281-1, with P/N 11-03375-1. Do the replacement following 
the procedures in section 2.C or 2.D. of the ACCOMPLISHMENT 
INSTRUCTIONS in Pacific Aerospace Limited Mandatory Service Bulletin 
PACSB/XL/068, Issue 6, dated January 8, 2018. This replacement 
terminates the repetitive inspections required in paragraph (f)(2) 
of this AD.

(g) Credit for Previous Actions

    This AD allows credit for actions required in paragraphs (f)(1) 
through (4) of this AD if done before the effective date of this AD 
following Pacific Aerospace Limited Mandatory Service Bulletin 
PACSB/XL/068, Issue 5, dated June 29, 2015.

[[Page 28173]]

(h) 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, Standards 
Office, FAA; or the Civil Aviation Authority of New Zealand (CAA).

(i) Special Flight Permit

    A special flight permit is prohibited until Part A of the 
ACCOMPLISHMENT INSTRUCTIONS in Pacific Aerospace Limited Mandatory 
Service Bulletin PACSB/XL/068, Issue 6, dated January 8, 2018, is 
completed. Once Part A has been completed, a special flight permit 
is allowed for Part B of the ACCOMPLISHMENT INSTRUCTIONS in Pacific 
Aerospace Limited Mandatory Service Bulletin PACSB/XL/068, Issue 6, 
dated January 8, 2018.

 (j) Related Information

    Refer to MCAI CAA AD DCA/750XL/18B, dated February 28, 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-2018-0422. For service information related to 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 review 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.

    Issued in Kansas City, Missouri, on May 7, 2018.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification 
Service.
[FR Doc. 2018-12886 Filed 6-15-18; 8:45 am]
 BILLING CODE 4910-13-P