[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Rules and Regulations]
[Pages 14001-14003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06911]


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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; Amendment 
39-19609; AD 2019-06-11]
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 non-compliant insulation lagging on the refrigerant hoses 
of the air-conditioning system. We are issuing this AD to require 
actions to address the unsafe condition on these products.

DATES: This AD is effective May 14, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 14, 2019.

ADDRESSES: 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, 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

[[Page 14002]]

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-2018-0895.

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 October 23, 2018 (83 FR 53407). 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 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.

The MCAI can be found in the AD docket on the internet at: https://www.regulations.gov/document?D=FAA-2018-0895-0002.

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/086, Issue 
2, dated April 6, 2018. The service information describes procedures 
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.

Costs of Compliance

    We estimate that this 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 AD. The average labor rate 
is $85 per work-hour. Required parts would cost about $500 per product.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $70,840, or $3,220 per product.
    According to the manufacturer, some of the costs of this 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 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-
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 
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):

2019-06-11 Pacific Aerospace Limited: Amendment 39-19609; Docket No. 
FAA-2018-0895; Product Identifier 2018-CE-037-AD.

(a) Effective Date

    This AD becomes effective May 14, 2019.

[[Page 14003]]

(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 May 
14, 2019 (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: https://www.regulations.gov/document?D=FAA-2018-0895-0002. 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.

(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 Service Bulletin PACSB/XL/086, Issue 2, 
dated April 6, 2018.
    (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-2018-0895.
    (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 March 25, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation 
Division, AIR-601.
[FR Doc. 2019-06911 Filed 4-8-19; 8:45 am]
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