[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Rules and Regulations]
[Pages 35538-35539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15980]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0286; Product Identifier 2018-CE-008-AD; Amendment 
39-19340; AD 2018-15-08]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Airplanes

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

ACTION: Final rule.

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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 an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as airplane sound insulation materials attached to the aft 
face of the firewall not complying with the applicable burn testing 
criteria for materials on the cabin side of the firewall. We are 
issuing this AD to require actions to address the unsafe condition on 
these products.

DATES: This AD is effective August 31, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 31, 
2018.

ADDRESSES: You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0286; or in person at Docket Operations, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    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 Docket No. FAA-2018-0286.

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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to Pacific Aerospace Limited 
Model 750XL airplanes. The NPRM was published in the Federal Register 
on April 11, 2018 (83 FR 15517). The NPRM proposed to correct an unsafe 
condition for the specified products and was based on mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country. The MCAI states:

    The sound insulation material on the aft face of the firewall 
must comply with the applicable burn test criteria specified in FAR 
[14 CFR] 23.853(f). [As of August 30, 2017, Sec.  23.853 was 
replaced by Sec.  23.2325 (81 FR 96572, December 30, 2016).]
    Inspect the aft face of the firewall and determine if sound 
insulation material is installed per the instructions in Pacific 
Aerospace Mandatory Service Bulletin (MSB) PACSB/XL/095 issue 1, 
dated 21 December 2017, or later approved revision.
    If a layer of black foam insulating material is found covering 
the firewall, then remove the material per the instructions in MSB 
PACSB/XL/095 before further flight.

    The MCAI can be found in the AD docket on the internet at: https://www.regulations.gov/document?D=FAA-2018-0286-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed.

Related Service Information Under 1 CFR Part 51

    We reviewed Pacific Aerospace Service Bulletin PACSB/XL/095, Issue 
1, dated December 21, 2017. The service information describes 
procedures for inspection of the airplane sound insulation attached to 
the aft face of the firewall and removal if necessary. 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.

Costs of Compliance

    We estimate that this AD will affect 22 products of U.S. registry. 
We also estimate that it would take about 1 work-hour 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 this AD on U.S. 
operators to be $1,870, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 8 work-hours, for a cost of $680 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.

[[Page 35539]]

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 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.

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-
0286; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
the NPRM, 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.

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 (AD):

2018-15-08 Pacific Aerospace Limited: Amendment 39-19340; Docket No. 
FAA-2018-0286; Product Identifier 2018-CE-008-AD.

(a) Effective Date

    This AD becomes effective August 31, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, all serial numbers up to and including 215, certificated 
in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 54: Nacelles/
Pylons.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and address an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as airplane sound 
insulation materials attached to the aft face of the firewall not 
complying with the applicable burn testing criteria for materials on 
the cabin side of the firewall. We are issuing this AD to prevent 
the spread of fire into the cabin in case of an engine fire.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) and (2) of this AD:
    (1) Within 90 days after August 31, 2018 (the effective date of 
this AD), inspect the aft face of the firewall and determine if the 
sound insulation material is installed per the Inspection 
Instructions in Pacific Aerospace Service Bulletin PACSB/XL/095, 
Issue 1, dated December 21, 2017.
    (2) If a layer of black foam insulating material is found 
covering the firewall during the inspection required in paragraph 
(f)(1) of this AD, before further flight, remove the material per 
the Accomplishment Instructions in Pacific Aerospace Service 
Bulletin PACSB/XL/095, Issue 1, dated December 21, 2017.

(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 CAA AD DCA/750XL/27A, dated March 1, 2018, for 
related information. You may examine the MCAI on the internet at: 
https://www.regulations.gov/document?D=FAA-2018-0286-0002.

(i) 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 Service Bulletin PACSB/XL/095, Issue 1, 
dated December 21, 2017.
    (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: +64 843 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. In addition, you can access this service information 
on the internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2018-0286.
    (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 July 20, 2018.
Pat Mullen,
Aircraft Certification Service, Acting Deputy Director, Policy & 
Innovation Division, AIR-601.
[FR Doc. 2018-15980 Filed 7-26-18; 8:45 am]
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