[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Rules and Regulations]
[Pages 49947-49949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17865]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0717; Product Identifier 2019-CE-038-AD; Amendment 
39-21196; AD 2020-16-12]
RIN 2120-AA64


Airworthiness Directives; Pacific Aerospace Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Pacific Aerospace Limited Model 750XL airplanes. This AD results from 
mandatory continuing airworthiness information (MCAI) issued by the 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as inadvertent fuel shut-off to the engine during the 
operation of the flaps due to the fuel and flap control levers being 
located too closely together. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective September 8, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 8, 
2020.
    The FAA must receive comments on this AD by October 1, 2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://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 AD, contact Pacific 
Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 
3240, New Zealand; telephone: +64 7 843 6144; facsimile: +64 7 843 
6134; email: [email protected]; internet: https://www.aerospace.co.nz. You may view this referenced service information 
at the FAA, Airworthiness Products Section, Operational Safety Branch, 
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 https://www.regulations.gov by 
searching for Docket No. FAA-2020-0717.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0717; 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 AD, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, 
General Aviation & Rotorcraft Section, International Validation Branch, 
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 
329-4144; fax: (816) 329-4090; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The Civil Aviation Authority (CAA), which is the aviation authority 
for New Zealand, has issued AD DCA/750XL/39, dated September 5, 2019 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI 
states:

    DCA/750XL/39 with effective date 5 September 2019 is prompted by 
the findings of an accident investigation. The report recommended 
that an effective lock mechanism should be introduced for the fuel 
condition lever in order to prevent inadvertent fuel shut-off to the 
engine during the operation of the flaps, as the fuel and flap 
control levers are closely located.

[[Page 49948]]

    Pacific Aerospace Mandatory Service Bulletin (MSB) PACSB/XL/111 
issue 1, dated 18 June 2019 introduces a fuel condition lever 
inspection and instructions to adjust the position of the fuel 
condition lever to ensure it rests against the left hand side of the 
control guide slot when selected to the ground idle position.

You may examine the MCAI on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-0717.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pacific Aerospace Mandatory Service Bulletin 
PACSB/XL/111, Issue 1, dated June 18, 2019. The service information 
contains procedures for inspecting and adjusting the position of the 
fuel condition lever relative to the control guide, which assists in 
prevention of inadvertent movement of the power lever into the cutoff 
position if ground idle is selected. 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 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 issuing this AD 
because it evaluated all information provided by the State of Design 
Authority and determined the unsafe condition exists and is likely to 
exist or develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because of 
several reported engine failures on these airplanes due to inadvertent 
movement of the power lever into the cutoff position if ground idle is 
selected. Engine failure could result in loss of airplane control. The 
risk assessment received by the FAA, and reconfirmed in July of 2020, 
indicates that urgent action is required. Therefore, the FAA finds good 
cause that notice and opportunity for prior public comment are 
impracticable. In addition, for the reason stated above, the FAA finds 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, the FAA invites you to send any written data, views, 
or arguments about this final rule. Send your comments to an address 
listed under the ADDRESSES section. Include the Docket Number FAA-2020-
0717 and Product Identifier 2019-CE-038-AD at the beginning of your 
comments. The FAA will consider all comments received by the closing 
date and may amend this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact we receive about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Mike 
Kiesov, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 
Locust, Room 301, Kansas City, Missouri 64106. Any commentary that the 
FAA receives which is not specifically designated as CBI will be placed 
in the public docket for this rulemaking.

Costs of Compliance

    The FAA estimates that this AD will affect 22 products of U.S. 
registry. The FAA also estimates that it will take 1 work-hour per 
product to comply with the inspection requirement of this AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the cost of this AD on 
U.S. operators to be $1,870, or $85 per product.
    In addition, the FAA estimates that any necessary follow-on actions 
will take 4 work-hours and require parts costing $20, for a cost of 
$360 per product. The FAA has no way of determining the number of 
products that may need these actions.
    According to the manufacturer, some of the costs of this 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.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Regulatory Findings

    The FAA 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 that this AD:

[[Page 49949]]

    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2020-16-12 Pacific Aerospace Limited: Amendment 39-21196; Docket No. 
FAA-2020-0717; Product Identifier 2019-CE-038-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 8, 
2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL 
airplanes, serial numbers 101 through 216, 220, 8001, and 8002, 
certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 76: Engine 
Controls.

(e) Reason

    This AD was prompted by inadvertent fuel shut-off to the engine 
during the operation of the flaps, due to the fuel and flap control 
levers being located too closely together. The FAA is issuing this 
AD to adjust the position of the fuel condition lever relative to 
the control guide, which will prevent inadvertent movement of the 
power lever into the cutoff position if ground idle is selected and 
result in engine failure and loss of airplane control.

(f) Actions and Compliance

    Unless already done, within the next 30 days after September 8, 
2020 (the effective date of this AD), inspect the position of the 
fuel condition lever by following the Accomplishment Instructions, 
paragraph 2(1), of Pacific Aerospace Mandatory Service Bulletin 
PACSB/XL/111, Issue 1, dated June 18, 2019 (MSB PACSB/XL/111). If 
the fuel condition lever is not positioned against the left side of 
the control guide slot in the ground idle position, before further 
flight, adjust the fuel condition level position by following the 
Accomplishment Instructions, paragraph 2(3), of MSB PACSB/XL/111.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, Small Airplane General Aviation & Rotorcraft 
Section, International Validation 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, General Aviation & Rotorcraft Section, International 
Validation 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 mandatory continuing airworthiness information (MCAI) 
CAA AD No. DCA/750XL/39, dated September 5, 2019, for related 
information. You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0717.

(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 Mandatory Service Bulletin PACSB/XL/111, 
Issue 1, dated June 18, 2019.
    (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 7843 6134; email: [email protected]; 
internet: https://www.aerospace.co.nz.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 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 https://www.regulations.gov by 
searching for locating Docket No. FAA-2020-0717.
    (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, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 5, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-17865 Filed 8-14-20; 8:45 am]
BILLING CODE 4910-13-P