[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Proposed Rules]
[Pages 38146-38147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16574]


 ========================================================================
 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.
 
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 

  Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / 
Proposed Rules  

[[Page 38146]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0566; Product Identifier 2018-CE-035-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: The FAA proposes 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 ineffective firewall sealing for firewall 
wiring penetrations. The FAA is issuing this proposed AD to require 
actions to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September 
20, 2019.

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-2019-
0566; 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 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

    The FAA invites 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-2019-0566; 
Product Identifier 2018-CE-035-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. The 
FAA will consider all comments received by the closing date and may 
amend this proposed AD because of those comments.
    The FAA will post all comments the FAA receives, without change, to 
http://regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

Discussion

    The Civil Aviation Authority (CAA), which is the aviation authority 
for New Zealand, has issued AD DCA/750XL/31, 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:

    During a review of the installation of the aircraft main loom 
[part number] P/N 11-81021, possible ineffective sealing was 
identified for firewall wiring penetrations. DCA/750XL/31 is issued 
to mandate the instructions in Pacific Aerospace Mandatory Service 
Bulletin (MSB) PACSB/XL/101 issue 1, dated 9 May 2018, or later 
approved revision to improve the firewall sealing by installing new 
components (firewall penetration tubes, firesleeve and hose clips).

    The CAA advised the design is non-compliant with regard to the 
fireproof requirements for firewalls. Ineffective sealant may fail to 
prevent fire propagation through the firewall, which could result in 
smoke or fire in the cockpit. The CAA issued the MCAI to correct this 
unsafe condition. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0566.

Related Service Information Under 1 CFR Part 51

    Pacific Aerospace Limited has issued Pacific Aerospace Service 
Bulletin PACSB/XL/101, Issue 1, dated May 9, 2018. The service 
information provides instructions for installing improved firewall 
sealing for wiring penetration looms and correcting any damaged or 
chafed looms. 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 in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, it has 
notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is proposing

[[Page 38147]]

this AD because the FAA 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

    The FAA estimates that this proposed AD will affect 22 products of 
U.S. registry. The FAA also estimates that it would take about 8 work-
hours per product to comply with the basic requirements of this 
proposed AD. The average labor rate is $85 per work-hour. Required 
parts would cost about $385 per product.
    Based on these figures, the FAA estimates the cost of the proposed 
AD on U.S. operators to be $23,430, or $1,065 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. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has 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.
    The FAA is 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

    The FAA 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) Will not affect intrastate aviation in Alaska, and
    (3) 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-2019-0566; Product 
Identifier 2018-CE-035-AD.

(a) Comments Due Date

    The FAA must receive comments by September 20, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, serial numbers up to and including 221, certificated in 
any category.

(d) Subject

    Air Transport Association of America (ATA) Code 71: Power Plant.

(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 FAA is issuing this AD to prevent fire propagation 
through the firewall because of ineffective sealant, which could 
result in smoke or fire in the cockpit.

(f) Actions and Compliance

    Unless already done, within 3 months after the effective date of 
this AD or within 300 hours time-in-service after the effective date 
of this AD, whichever occurs first, install new sealant components 
into the main loom firewall penetration hole and the ADAS or DAAM 
firewall penetration holes if installed by following the 
Accomplishment Instructions in Pacific Aerospace Mandatory Service 
Bulletin PACSB/XL/101, Issue 1, dated May 9, 2018, except you are 
not required to contact PAL if there is any chafing or damage on a 
loom. Instead, your repair must be accomplished before further 
flight using a method approved by the Manager, Small Airplane 
Standards Branch, FAA, using the contact information in paragraph 
(g) of this AD, or approved by the Civil Aviation Authority of New 
Zealand (CAA). For a repair method to be approved as required by 
this paragraph, the FAA or CAA approval letter must specifically 
refer to this AD.

(g) 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.

(h) Related Information

    Refer to MCAI CAA AD DCA/750XL/31, 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-2019-0566. 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 July 19, 2019.
Melvin J. Johnson,
Aircraft Certification Service, Deputy Director, Policy and Innovation 
Division, AIR-601.
[FR Doc. 2019-16574 Filed 8-5-19; 8:45 am]
BILLING CODE 4910-13-P