[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Proposed Rules]
[Pages 53407-53408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22464]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0895; Product Identifier 2018-CE-037-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).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) 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 non-compliant insulation lagging on the 
refrigerant hoses of the air-conditioning system. 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 December 7, 
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 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.

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-
0895; 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-2018-0895; 
Product Identifier 2018-CE-037-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

    The Civil Aviation Authority (CAA), which is the aviation authority 
for New Zealand, has issued AD DCA/750XL/29, dated July 5, 2018 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI 
states:

    The insulation lagging provided by the air-conditioning supplier 
has been found to be non-compliant and may cause large amounts of 
smoke in the cabin in the event of a fire. DCA/750XL/29 issued to 
mandate the instructions in Pacific Aerospace Mandatory Service 
Bulletin (MSB) PACSB/XL/086 issue 2, dated 6 April 2018, or later 
approved revision to correct non-compliant insulation lagging on the 
refrigerant hoses of the air-conditioning system.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0895.

Related Service Information Under 1 CFR Part 51

    Pacific Aerospace Limited has issued Pacific Aerospace Service 
Bulletin PACSB/XL/086, Issue 2, dated April 6, 2018. The service 
information provides instructions for replacing the noncompliant 
insulation lagging with compliant materials. 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 This Proposed 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 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 proposed AD will affect 22 products of U.S. 
registry. We also estimate that it would take about 32 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor

[[Page 53408]]

rate is $85 per work-hour. Required parts would cost about $500 per 
product.
    Based on these figures, we estimate the cost of this proposed AD on 
U.S. operators to be $70,840, or $3,220 per product.
    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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 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 adding the following new airworthiness 
directive (AD):

Pacific Aerospace Limited: Docket No. FAA-2018-0895; Product 
Identifier 2018-CE-037-AD.

(a) Comments Due Date

    We must receive comments by December 7, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, serial numbers (S/N) up to and including S/N 205, S/N 
207, and S/N 208, certificated in any category, with an air-
conditioning modification PAC/XL/0409 or PAC/XL/0618 installed.

(d) Subject

    Air Transport Association of America (ATA) Code 21: Air 
Conditioning.

(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 non-compliant 
insulation lagging on the refrigerant hoses of the air-conditioning 
system. We are issuing this AD to replace non-compliant insulation 
lagging on the refrigerant hoses of the air-conditioning system, 
which could lead to smoke in the cabin if a fire occurred.

(f) Actions and Compliance

    Unless already done, within 150 hours time-in-service after the 
effective date of this AD, remove existing refrigeration hose 
lagging, install fire sleeve lagging, and install aluminum tape at 
the wing spar by following the Accomplishment Instructions in 
Pacific Aerospace Service Bulletin PACSB/XL/086, Issue 2, dated 
April 6, 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 
instead 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 Civil Aviation Authority (CAA) AD DCA/750XL/29, 
dated July 5, 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-2018-0895. 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 October 5, 2018.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation 
Division, AIR-601.
[FR Doc. 2018-22464 Filed 10-22-18; 8:45 am]
BILLING CODE 4910-13-P